Duty of court when clerk is charged with misdemeanor inoffice--notice--temporary clerk during suspension.
483.170. 1. When any court shall believe from its ownknowledge or from information secured from others given to thecourt under oath or affirmation, that the clerk of the court hascommitted some act or acts constituting a misdemeanor in office,the court shall give notice thereof, stating the charge orcharges against such clerk, to the attorney general of the stateor the prosecuting attorney of the county, requiring him toprosecute the same; and such court may by order of record suspendsuch clerk from office until a trial upon such charge or chargescan be had.
2. Pending such suspension, the court shall appoint someperson possessing the qualifications required for the regularclerks of such court to act and perform the duties of the clerkof said court. Before entering upon the duties of his officesuch temporary clerk shall take and subscribe an oath oraffirmation and give bond as required for clerks of said courts.Such temporary clerk shall possess the same powers and performthe same duties as provided for clerks of the court to which theyare appointed, and shall continue in office until the regularclerk of such court shall resume his office, or his successorshall be duly elected and qualified, as the case may be.
3. Provided, however, that when the court shall prefercharges against the clerk of any court as herein provided thesaid clerk shall remain in possession of and continue to performthe duties of this office by giving bond to the state with atleast two solvent sureties, the amount of said bond to be fixedand the bond to be approved by the chief or presiding judge ofthe court, conditioned that said clerk and his sureties shall payall costs, damages and fines which may be assessed against himupon his trial; and if said clerk shall fail to furnish said bondwithin fifteen days after receiving notice to do so, hissuspension shall become fully effective and he shall surrender uphis said office to the temporary clerk.
Duty of court when clerk is charged with misdemeanor inoffice--notice--temporary clerk during suspension.
483.170. 1. When any court shall believe from its ownknowledge or from information secured from others given to thecourt under oath or affirmation, that the clerk of the court hascommitted some act or acts constituting a misdemeanor in office,the court shall give notice thereof, stating the charge orcharges against such clerk, to the attorney general of the stateor the prosecuting attorney of the county, requiring him toprosecute the same; and such court may by order of record suspendsuch clerk from office until a trial upon such charge or chargescan be had.
2. Pending such suspension, the court shall appoint someperson possessing the qualifications required for the regularclerks of such court to act and perform the duties of the clerkof said court. Before entering upon the duties of his officesuch temporary clerk shall take and subscribe an oath oraffirmation and give bond as required for clerks of said courts.Such temporary clerk shall possess the same powers and performthe same duties as provided for clerks of the court to which theyare appointed, and shall continue in office until the regularclerk of such court shall resume his office, or his successorshall be duly elected and qualified, as the case may be.
3. Provided, however, that when the court shall prefercharges against the clerk of any court as herein provided thesaid clerk shall remain in possession of and continue to performthe duties of this office by giving bond to the state with atleast two solvent sureties, the amount of said bond to be fixedand the bond to be approved by the chief or presiding judge ofthe court, conditioned that said clerk and his sureties shall payall costs, damages and fines which may be assessed against himupon his trial; and if said clerk shall fail to furnish said bondwithin fifteen days after receiving notice to do so, hissuspension shall become fully effective and he shall surrender uphis said office to the temporary clerk.
Duty of court when clerk is charged with misdemeanor inoffice--notice--temporary clerk during suspension.
483.170. 1. When any court shall believe from its ownknowledge or from information secured from others given to thecourt under oath or affirmation, that the clerk of the court hascommitted some act or acts constituting a misdemeanor in office,the court shall give notice thereof, stating the charge orcharges against such clerk, to the attorney general of the stateor the prosecuting attorney of the county, requiring him toprosecute the same; and such court may by order of record suspendsuch clerk from office until a trial upon such charge or chargescan be had.
2. Pending such suspension, the court shall appoint someperson possessing the qualifications required for the regularclerks of such court to act and perform the duties of the clerkof said court. Before entering upon the duties of his officesuch temporary clerk shall take and subscribe an oath oraffirmation and give bond as required for clerks of said courts.Such temporary clerk shall possess the same powers and performthe same duties as provided for clerks of the court to which theyare appointed, and shall continue in office until the regularclerk of such court shall resume his office, or his successorshall be duly elected and qualified, as the case may be.
3. Provided, however, that when the court shall prefercharges against the clerk of any court as herein provided thesaid clerk shall remain in possession of and continue to performthe duties of this office by giving bond to the state with atleast two solvent sureties, the amount of said bond to be fixedand the bond to be approved by the chief or presiding judge ofthe court, conditioned that said clerk and his sureties shall payall costs, damages and fines which may be assessed against himupon his trial; and if said clerk shall fail to furnish said bondwithin fifteen days after receiving notice to do so, hissuspension shall become fully effective and he shall surrender uphis said office to the temporary clerk.
