CHAPTER 2. GENERAL POWERS AND DUTIES
IC 33-32-2
Chapter 2. General Powers and Duties
IC 33-32-2-1
Clerks in counties with multiple courts
Sec. 1. In a county having one (1) or more superior courts or acounty, municipal, or probate court, the clerk shall serve as clerk ofthe superior, county, and probate court as well as clerk of the circuitcourt.
As added by P.L.98-2004, SEC.11.
IC 33-32-2-2
Election; term
Sec. 2. A clerk of the circuit court shall be elected underIC 3-10-2-13 by the voters of each county. The term of office of aclerk is four (4) years, continuing until a successor is elected andqualified.
As added by P.L.98-2004, SEC.11.
IC 33-32-2-3
Bond
Sec. 3. In the manner prescribed by IC 5-4-1, the clerk of eachcounty shall execute a bond conditioned upon:
(1) the faithful discharge of the duties of the clerk's office; and
(2) the proper payment of all money received by the office ofthe clerk.
As added by P.L.98-2004, SEC.11.
IC 33-32-2-4
Clerk's office
Sec. 4. (a) The board of county commissioners shall provide theclerk with an office at the county seat in a building provided for thatpurpose.
(b) The clerk shall keep the office open on every day of the yearexcept on Sundays and legal holidays. However, the clerk:
(1) shall keep the office of the clerk open on those days andtimes necessary for the proper administration of the electionstatutes; and
(2) may close the office on those days that the judge of thecircuit court orders the court closed in accordance with thecustom and practice of the county.
(c) Any legal action required to be taken in the office of the clerkduring the time the office is closed under this section may be takenon the next following day the office is open.
As added by P.L.98-2004, SEC.11.
IC 33-32-2-5
Administering of oaths
Sec. 5. A clerk may administer all oaths.
As added by P.L.98-2004, SEC.11.
IC 33-32-2-6
Duties concerning elections
Sec. 6. A clerk shall carry out the duties prescribed for a clerk inIC 3 concerning elections.
As added by P.L.98-2004, SEC.11.
IC 33-32-2-7
Table of fees
Sec. 7. A clerk shall post in a conspicuous place in the clerk'soffice a table of the clerk's fees. If a clerk fails to post a table of fees,a clerk may not demand or receive fees for services rendered.
As added by P.L.98-2004, SEC.11.
IC 33-32-2-8
Purchase of judgment, decree, or allowance prohibited
Sec. 8. The clerk may not become the purchaser of any judgment,decree, or allowance of any court of which the clerk is an officer. Allthese purchases are void as to the purchaser.
As added by P.L.98-2004, SEC.11.
IC 33-32-2-9
Required training courses
Sec. 9. (a) As used in this section, "training courses" refers totraining courses related to the office of circuit court clerk that aredeveloped by the Association of Indiana Counties and approved bythe state board of accounts.
(b) An individual elected to the office of circuit court clerk afterNovember 2, 2010, shall complete at least:
(1) fifteen (15) hours of training courses within one (1) year;and
(2) forty (40) hours of training courses within three (3) years;
after beginning the individual's term as circuit court clerk.
As added by P.L.45-2010, SEC.1.
IC 33-32-2-9.2
Personal liability of clerk
Sec. 9.2. (a) A clerk is not personally liable for any act oromission occurring in connection with the performance of the clerk'sofficial duties, unless the act or omission constitutes gross negligenceor an intentional disregard of the responsibilities of the office ofclerk.
(b) The fact that a clerk is not personally liable under subsection(a) does not preclude an action against the clerk's bond based on anerror or omission committed by the clerk.
As added by P.L.60-2010, SEC.2.