OVERVIEW OF THE CLERK

DUTIES OF THE CLERK

OVERVIEW OF THE COUNTY CLERK

The office of the County Clerk has been in existence in Texas since 1836,superseding the "escribano" of Spanish-Mexican rule. The Texas Constitution, Section 20, Article 5 provides:

 "There shall be elected for each county, by qualified voters, a County Clerk, who shall hold his office for four years, who shall be clerk of the County and Commissioners Courts and recorder of the county, whose duties, perquisites and fees of office shall be prescribed by the Legislature and a vacancy in whose office shall be filled by the County Commissioners Court until the next general election; provided that in counties having a population of less than 8,000 there may be an election of a single Clerk who shall perform the duties of District and County Clerks."
 
The County Clerk is the record keeper and Registrar for the county, Commissioners Court, and County Courts.

RECORDING AND FILING INSTRUMENTS
Instruments that prove ownership or interest in real property.
Instruments concerning the identity of commercial activities, and
Instruments concerning the identity of persons.

PROPERTY RECORD MANAGER - PUBLIC ACCESS
The Clerk's office contains a library of records, such as deeds, maps, plats, and other records related to property located within the county. These records are open to the public.

COMMISSIONERS COURT
The County Clerk is the clerk of the Commissioners Court and shall serve the court during each of its terms.
Post Notices of the agenda for each meeting.
Take minutes of meetings.

CRIMINAL COURT
Files Misdemeanor cases and continues process until the case is closed.
Responsible for collection of criminal court cost.
Hold cash bonds in registry on criminal cases.

CIVIL COURT
Civil cases handle disputes between parties. Matters in controversy depends on the dollar amount outlined in statute for a County Courts jurisdiction.

JURIES
Coordinate juries for County Court Cases when needed.

PROBATE COURT
Probate cases deal with protecting the wishes, rights, and obligations of persons regarding their property when these persons are unable to do so as a result of death or incapacitating illness, either physical or mental.

DATA COLLECTING & REPORTING
Responsible for gathering data and reporting to several state and local agencies.

FINANCIAL RESPONSIBILITIES
File copy of proposed and approved budget for the County
File copy of budgets of cities within boundaries.
Collect fees specified by statute
Make reports to auditor/treasurer with disbursements.
Receive funds ordered by the court and disburse upon court order.
Maintain accounts for Minors.

RECORDING CATTLE BRANDS
CERTIFYING ALCOHOL PERMITS FOR THE SALE OF ALCOHOLIC BEVERAGES
ISSUE CERTIFIED COPIES OF BIRTH CERTIFICATES - TEXAS BIRTHS ONLY
ISSUE CERTIFIED COPIES OF DEATH CERTIFICATES - SWISHER COUNTY DEATHS ONLY
ISSUE, RECORD, AND INDEX MARRIAGE LICENSE / DECLARATIONS OF INFORMAL MARRIAGEAMEND BIRTH /
ASSUMED NAMES / DBA
MILITARY DISCHARGE PAPERS - DD214
OVERVIEW OF THE DISTRICT CLERK

The District Clerk is a constitutional position, elected every four years to serve as the custodian of all court pleadings and papers that are a part of any cause of action in the district court of the county. Swisher county serves 2 district courts, the 64th District Court, and the 242nd District Court.The District Clerk also serves in the following capacities:
 

REGISTRAR
Docketing, indexing and recording all documents part of felony, criminal, family, juvenile, delinquent tax and civil court cases.

RECORDS MANAGER
Manages records to be easily retrieved for public and court access, preserve records for permanent storage in archives and dispose of records according to the Texas Library of Archives Records Retention schedule and other specified statutes.

COURT COLLECTIONS
Responsible for collecting and disbursing court costs, fines, and other fees that benefit twenty plus agencies at the state and local level.

FINANCIAL OFFICER
Prepares and updates court cost in accordance to legislation every two years, providing for proper collection and disbursements of funds. Manages all funds held in the registry of the court for pending litigation. Prepares and presents annual budget for Commissioner's Court Approval.

DATA COLLECTOR & MANAGER
Responsible for gathering data and reporting to several state and local agencies.

JUROR ADMINISTRATOR
Updates and maintains the jury wheel annually from the Secretary of State, comprised of voter registration and driver license. Summons all jurors for the county.

APPEALS
The trial court Clerk is responsible for preparing, certifying, and timely filing the Clerk's record when a notice of appeal has been filed and the party responsible for paying for the preparation of the Clerk's record has paid the Clerk's fee or is entitled to appeal without paying the fees.
 

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