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

Obsolete Date: 5/4/2005

Section 1.Authority and Purpose

In accordance with Article VI, Section 3, of the Constitution of North Dakota 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 shall:

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, if applicable, the manual for the Unified Court Information System (UCIS).

E.Issue all process and notices required to be issued by the district court.

F.Keep in the office a money judgment docket in which the clerk shall enter alphabetically 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. Keep in the office a register of civil, criminal, and juvenile actions in which the clerk shall 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.

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

A.Beginning January 1, 2003, or upon the retirement or resignation before that date 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 appointed by the presiding judge of the judicial district in which the county is located, with the approval of a majority of the district judges of the district. In the absence of appointment of the clerk of district court within a reasonable time, the chief justice may fill the office by appointment. Sufficient deputies and other clerk of court personnel shall be employed to assist the clerk of district court in providing effective clerk services. The presiding judge, after consultation with the clerk of district court and the assistant state court administrator responsible for clerk of court operations, shall designate clerk staff who shall 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 presiding judge and clerks of court, is responsible for general oversight of clerk of court operations in all counties in the judicial district to ensure compliance with statutes, rules, policies, and procedures governing the delivery of clerk of district court services. The assistant state court administrator for trial courts shall periodically, but at least annually, assess clerk of court operations in each judicial district and provide a report to the Council of Presiding Judges.

D.Each state employed clerk of district court shall supervise all personnel within the clerk's office.

E.The Office of State Court Administrator and the Clerk of the Supreme Court shall provide advice and information, as requested or required, to clerks of district court concerning the application of statutes, rules, policies, and procedures governing clerk of district court services.

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 beginning April 1, 2000, to ensure the analysis accurately reflects the duties of the clerk of district court.

Section 5.Effective Date

This rule is effective April 1, 2001.

Dated at Bismarck, North Dakota, March 12, 2001.

Gerald W. VandeWalle, Chief Justice
William A. Neumann, Justice
Dale V. Sandstrom, Justice
Mary Muehlen Maring, Justice
Carol Ronning Kapsner, Justice

ATTEST:
Penny Miller, Clerk