Clerk of Superior Court

THE CLERK OF SUPERIOR COURT OF HABERSHAM COUNTY

 

The office of the Clerk of Superior Court was established by the first Constitution of the State of Georgia in 1778.  “Clerk of Court” is one of four elected county offices and each of Georgia’s 159 counties has one. Clerks are the official record keepers of the county—they receive and maintain criminal and civil court filings and serve as custodian of county land and property records.

 

The Clerk and the sworn deputy clerks provide personal service directly to the public on a daily basis. The duties of the office can be found in the Official Code of Georgia. In addition, the clerk has an obligation to follow the court rules for each court served.  The Habersham County Clerk of Superior Court also oversees and serves as the State, Juvenile and Magistrate Courts clerk.

 

The Clerk also ensures that the public’s interests and convenience come first. He provides some of the most important checks-and-balances within county government and the judicial system. He is an impartial, independent county officer and is not an employee or appointee of any county or state commission or the judiciary.

 

In general, the Clerk’s responsibilities as mandated by the Georgia State Code are to:

Administrative

• Accounting for all funds paid into the registries of the court.

• Issuing and approving applications for notary public commissions.

• Filing and maintaining all partnership records.

• Filing and maintaining all trade name registrations.

• Filing and maintaining Attorney Bar Admission records.

• Filing and maintaining Military Discharge records.

• Filing physician’s licenses and maintaining Physician’s Registry.

• Administering oaths.

Judicial

• Filing, storing, and retrieving civil and criminal court records.

• Providing support to the court through management of court records and attendance during court proceedings.

• Issuing subpoenas, summonses, and trial notices.

• Transmitting dispositions to the Georgia Crime Information Center and the Department of Driver Services.

• Transmitting civil filing and disposition information to the Georgia Superior Court Clerks Cooperative Authority.

• Preparing Appeals for transmission to the Court of Appeals and Supreme Court.

• Preparing Prisoner Packages for electronic transmission to the Department of Corrections.

• Transmitting Family Violence Protective Orders and Stalking Protective Orders to the Georgia Crime Information Center.

Real and Personal Property

• Receiving, indexing, maintaining, and recording deeds, plats, liens, and UCC Financing Statements.

• Collecting and disbursing intangible recording and real estate transfer taxes.

• Transmitting deed, lien, plat, and UCC data and images to the Georgia Superior Court Clerks Cooperative Authority.

• Maintaining accessible real and personal property indexes.

 

In addition, the Clerk of Superior Court serves as:

• County Board of Equalization Appeal Administrator

• Jury Clerk – Maintain and manage jury pool information, summon jurors, and manage juries during jury selection.

• Passport Acceptance Agents – Process U.S. Passport Applications for transmittal to the U.S. State Department.

 

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The Clerk of Court and staff perform numerous functions relating to the Habersham County Judicial System. :

• Issue subpoenas.

• Maintain all court records; criminal, civil and adoption.

• File and maintains criminal and civil dockets as well as dockets on domestic suits.

• Attend to the needs of the court in the performance of the duties of the clerk.

• Coordinate and prepare certain court calendars.

• Manage jury processes and notices.

• Attend all court sessions.

• Assist all attorneys with court rules.

• Processes and file appeals and transfers.

• Collect fines and fees.

• Ensure that all records kept by the Clerk are preserved.

 

Open Records Act 

Open Records Act requests are not needed for the Clerk of Superior Court’s office. The Superior Court Clerk is subject to Superior Court Rule 21, which requires all court records be open for inspection and copying by the public.  This office complies with these requirements by having court records available each normal working day from 8:00 A.M. to 5 P.M. for public inspection and copying.