Clerk of Superior Court
The office of the Clerk of Superior Court was established by the first Constitution of the State of Georgia in 1778 as one of the four constitutional officers in each county. The other constitutional officers are the sheriff, the tax commissioner and the probate judge.
The Clerk is elected to provide service directly to the public on a daily basis either personally or through his/her deputy clerks. The duties of the office are spelled out in the Official Code of Georgia in literally hundreds of statutes created by the state legislature. In addition, the Clerk has an obligation to follow the court rules for each court served.
Essentially, the Clerk runs the business arm of the local court system and answers first and foremost to the public, ensuring the public’s interests and convenience come first. He/she provides some of the most important checks-and-balances within county government and the judicial system. He/she is an impartial, independent county officer and is not an employee or appointee of any county or state commission or the judiciary.
The office of the Clerk of Superior Court performs a wide range of record keeping, information management and financial management functions in the judicial system.
This office also provides court support to each superior court judge. In general, the Clerk’s responsibilities as mandated by the Georgia State Code are to:
- File, record and index all documents related to real estate and personal property transactions in the county.
- File and maintain 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
- Keep in the Clerk’s office all documents, records, microfilm and dockets and all other things required by the Georgia Codes; and
- Perform all other duties required by Georgia Law.
The Clerk of Court and staff perform numerous functions, many of which come as a surprise to the public. Among these duties and functions are:
- Maintain all court records; criminal, civil and adoption.
- Manage juries at each term of court
- Coordinate and prepare court calendars
- Prepare jury duty notices and witnesses
- Read jury verdicts to the Court
- Manage jury processes
- Attend all court sessions
- Assist all attorneys with court rules
- Execute Notary Public Commission
- Process and record all real estate transactions, plats, liens and personal property instruments
- File recording and Index real estate records
- Issue subpoenas
- Collect and submit real estate transfer tax, intangible tax, POPTF, POAB, Sheriff's Retirement, Library Drug Education Fund, Children's Trust Fund, Clerks' Retirement Jail Fund
- File and record trade names, attorney register
- Record all deeds, UCC statements, Armed Forces discharges.
- Administer oaths
- Collect fines
- Manage and file garnishments
- Process and file adoptions
- Process and file appeals
- Ensure that records are transferred from paper to microfilm for permanent storage
All real estate records and most of the court records are public. These records may be viewed in the Clerk's office.
Limitations on the Clerk's Office
The clerk and deputy clerks desire to help all parties that ask for assistance and will attempt to do so. The clerk and deputy clerks are strictly forbidden to practice law by statute and are restricted in what they can give advice about or assistance in preparing. The clerks have been allowed by the legislature to assist more freely in matters filed in magistrate court and in family violence matters, but any assistance given by this office should not be considered legal advice. Sound legal advice must only come from a licensed practicing attorney and the clerk’s office encourages all parties to seek competent legal advice. We ask that you be understanding with our staff as we attempt to assist you, knowing the limitations we face in assisting each individual party to a case.