The Clerk of the Circuit Court (commonly called the County Clerk) is a constitutional officer elected for a four-year term by the voters of the county at large, but is prohibited from serving more than eight years within a period of 12 years. For services performed ex officio as secretary of the county Election Board, the Clerk may receive compensation equal to that of elected members of the election board.
Functions of the Clerk include:
1. Filing, recording, and entering all petitions, motions, and orders pertaining to civil, juvenile, and criminal mailers.
2. Issuing letters testamentary, letters of administration, and letters of guardianship; recording wills, final accounts, and reports of distribution in probate proceedings. Money to be held in trust is kept with the Clerk.
3. Serving ex officio as a member and secretary of the County Election Board, and as a member and clerk of the County Board of Canvassers.
4. Appointing of other members of the County Election Board and the Board of Canvassers. These appointments must be made one from each of the two major political parties from nominations filed in writing by the county chairman of the parties.
5. Receiving filings of candidacy from persons seeking certain elective public offices and issuing certificates of election to successful local candidates, except in the cases of judges who receive commissions from the Governor.
6. Notifying the custodian of alien property in Washington, D.C., concerning any court action involving the property of an alien.
7. The Clerk issues marriage licenses.
8. Sends change of name and adoption granted to the State Board of Health.
Miscellaneous Duties: The Clerk issues receipts for and pays out all support monies in dependent cases; administers oaths to appointed officers; files and records notary bonds and applications for patents; distributes printed copies of the state laws. In counties where there is no federal court, the records of naturalization proceedings are kept by the Clerk. She also serves as a member and secretary of the County Commission on Public Records. Receipts and pays out restitution and judgment payments. Holds bond payments until judge orders them disbursed.
