Administrative Rule 46.1 – DUTIES, QUALIFICATIONS, AND EDUCATION OF THE CLERK OF THE MUNICIPAL COURT

Section 1. Authority and Purpose

In accordance with N.D.C.C. ch. 40-18.1 concerning clerk of municipal court services, this rule establishes the duties of the clerk of municipal court and provides for the appointment, qualifications, and education of the clerk of municipal court.

Section 2. Clerk of Municipal Court – Duties

The clerk of municipal court in every city or the municipal judge if no clerk of court is provided must:

(a) Take charge of all papers and records filed or deposited in the clerk of municipal court office and maintain and dispose of the papers and records under N.D. Sup. Ct. Admin. R. 19.
(b) Perform court operations involved in the scheduling, handling and preparing of court calendars.
(c) Attend all sessions of the municipal court.
(d) Accurately record court proceedings through the use of audio recording equipment in person or via remote recording.
(e) Prepare judgments of the court.
(f) Comply with and implement procedures consistent with this rule and other manuals and guides adopted by the office of the state court administrator.
(g) Issue all process and notices required to be issued by the municipal court.
(h) Maintain money judgment information which includes the name of each judgment debtor, the amount of the judgment, and the precise time of entry.
(i) Satisfy all liens and judgments docketed or on file in the office immediately after the satisfaction of the lien or judgment is filed.
(j) Maintain information regarding criminal 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.
(k) Implement financial controls in accordance with municipal policies and procedures.
(l) Receive, safeguard, and disburse all money required to be paid to the clerk of municipal court and maintain required records.
(m) Keep other records and perform other duties prescribed by statute, rule, policy, or procedure.
(n) Seek the assistance of the office of the state court administrator concerning the application of statutes, rules, policies, and procedures governing clerk of municipal court services.

Section 3. Clerk of Municipal Court – Deputies and Other Clerk Personnel

(a) The clerk of municipal court, deputies, and other clerk of court personnel are employees of the municipality and are under the supervision of the municipal judge while performing judicial or administrative functions of the municipal court.
(b) The clerk of municipal court must have the following qualifications:

(1) High school diploma or equivalent, and one year of related experience; or

(2) Any combination of education, training, or experience which demonstrates the ability to successfully complete the major responsibilities and essential functions may be substituted for the experience requirement.

(c) The governing body of the city must appoint the clerk and any deputy clerk, with the consent of the municipal judge.
(d) The governing body of the city is responsible for the general oversight of non-judicial operations.