2012 Indiana Code
TITLE 33. COURTS AND COURT OFFICERS
ARTICLE 32. CIRCUIT COURT CLERKS
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 a county, municipal, or probate court, the clerk shall serve as clerk of the superior, county, and probate court as well as clerk of the circuit court.
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 under IC 3-10-2-13 by the voters of each county. The term of office of a clerk is four (4) years, continuing until a successor is elected and qualified.
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 each county 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 of the 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 the clerk with an office at the county seat in a building provided for that purpose.
(b) The clerk shall keep the office open on every day of the year except on Sundays and legal holidays. However, the clerk:
(1) shall keep the office of the clerk open on those days and times necessary for the proper administration of the election statutes; and
(2) may close the office on those days that the judge of the circuit court orders the court closed in accordance with the custom and practice of the county.
(c) Any legal action required to be taken in the office of the clerk during the time the office is closed under this section may be taken on 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 in IC 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's office 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. All these 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 to training courses related to the office of circuit court clerk that are developed by the Association of Indiana Counties and approved by the state board of accounts.
(b) An individual elected to the office of circuit court clerk after November 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 or omission occurring in connection with the performance of the clerk's official duties, unless the act or omission constitutes gross negligence or an intentional disregard of the responsibilities of the office of clerk.
(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 an error or omission committed by the clerk.
As added by P.L.60-2010, SEC.2.

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