Administrative Rule 46 - DUTIES AND APPOINTMENT OF THE CLERK OF THE DISTRICT COURT

Section 1. Authority and Purpose

In accordance with N.D. Const. art. VI, § 3 and N.D.C.C. ch. 27-05.2 concerning clerk of district court funding and services, this rule establishes the duties of the clerk of district court and provides for the appointment of the clerk of district court in accordance with N.D.C.C. § 27-05.2-02(3) and otherwise implements in part ch. 27-05.2.

Section 2. Clerk of District Court - Duties

The clerk of district court in every county must:

(a) Take charge of all papers and records filed or deposited in the clerk of district court office and maintain and dispose of the papers and records in accordance with N.D. Sup. Ct. Admin. R. 19.

(b) Attend sessions of the district court during criminal master calendar proceedings, sentencing proceedings, jury selection, or trials or other civil or criminal proceedings if, after consultation with the judge, the judge determines the complexity of the trial or proceeding or number of exhibits requires attendance by the clerk.

(c) Prepare judgments of the court in criminal cases, unless judgments are prepared by other court personnel or the judge.

(d) Comply with and implement procedures consistent with this rule included in the clerk of court manual and other manuals and guides adopted by the office of the state court administrator.

(e) Issue all process and notices required to be issued by the district court.

(f) Maintain money judgment information in the case management system which includes the name of each judgment debtor, the amount of the judgment, and the precise time of entry.

(g) Satisfy all liens and judgments docketed or on file in the office immediately after the satisfaction of the lien or judgment is filed.

(h) Maintain information in the case management system regarding civil, criminal, and juvenile actions in which the clerk must enter the title of each action with brief notes of all papers filed in the action together with the date of the filing, and enter such other matters as required by supreme court rule.

(i) Implement financial controls in accordance with judicial branch policies and procedures.

(j) Receive, safeguard, and disburse, all money required to be paid to the clerk of district court and maintain required records.

(k) Keep other records and perform other duties prescribed by statute, rule, policy, or procedure.

(l) Seek the assistance of the office of the state court administrator or the clerk of the supreme court concerning the application of statutes, rules, policies, and procedures governing clerk of district court services.

Section 3. Clerk of District Court - Deputies and Other Clerk Personnel

(a) Upon the retirement or resignation of a clerk of district court who has become an employee of the unified judicial system in accordance with N.D.C.C. § 27-05.2-02, the clerk of district court for each county in which there is a state-employed clerk shall be hired and supervised by the unit administrator for the administrative unit in which the county is located. Sufficient deputies and other clerk of court personnel will be employed to assist the clerk of district court in providing effective clerk services. After consultation with the state court administrator and the clerk of district court who has become a state employee in accordance with N.D.C.C. § 27-05.2-02, the unit administrator must designate clerk staff who will become state employees in accordance with N.D.C.C. § 27-05.2-02(3). The clerk of district court, deputies, and other clerk of court personnel are classified employees of the unified judicial system.

(b) The clerk of district court, deputies, and other clerk of court personnel who are employees of the unified judicial system must have the qualifications prescribed by supreme court policy.

(c) The assistant state court administrator for trial courts, in coordination with the unit administrators and clerks of court, is responsible for general oversight of clerk of court operations to ensure compliance with statutes, rules, policies, and procedures governing the delivery of clerk of district court services. The assistant state court administrator must periodically, but at least annually, assess clerk of court operations in each administrative unit and, as requested, provide a report to the administrative council.

(d) Each state employed clerk of district court will supervise all personnel within the clerk's office.

Section 4. Analysis of Duties - Review

For purposes of the options available to counties under N.D.C.C. § 27-05.2-02, the number of employees determined necessary to provide clerk of district court services is based on an analysis of clerk of district court duties as identified in section 2. The analysis must be thoroughly reviewed periodically, but at least once each 24 months, to ensure the analysis accurately reflects the duties of the clerk of district court.