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.