§ 8-8-15 - Chief, deputy, and assistant clerks.
SECTION 8-8-15
§ 8-8-15 Chief, deputy, and assistantclerks. – (a) There shall be a chief clerk of the district court. In the month of Aprilof 1971 and in each fifth year thereafter, the chief judge of the districtcourt, with the advice and consent of the senate, shall appoint the chief clerkof the district court who shall hold office until the first day in April in thefifth year next after his or her appointment and until his or her successor isappointed and qualified. In case of a vacancy in the office of clerk of thedistrict court, from any cause, the chief judge of the district court, with theadvice and consent of the senate, shall appoint some person to fill the vacancyfor the balance of the unexpired term and until his or her successor isappointed and qualified. In case of the death, resignation, absence, inability,or refusal to serve of the clerk, the chief judge may appoint a clerk protempore, who shall hold his or her office until the clerk shall have returnedor the inability shall have been removed or another clerk shall have beenappointed to fill such a vacancy and shall have qualified.
(b) The chief judge of the district court shall appoint adeputy clerk for each division and assistant clerks in the various divisions ofthe district court to serve at his or her pleasure. All such clerks and thechief clerk may administer oaths within the state.
(c) The clerks of the court shall devote their full time totheir duties. They are not required to be members of the bar of this state, butif a member of the bar of this state is appointed a clerk, he or she shall notpractice law during his or her term in office nor shall he or she be a partneror associate of any person engaged in the practice of law.
(d) The chief judge of the district court shall have thepower to authorize, with the power to revoke such authorizations, the chiefclerk, the deputy clerks, and the assistant clerks of the district court to setand take bail on all complaints bailable before a division of the districtcourt to the same extent and with the same authority as is granted to justicesof the peace authorized to set and take bail by § 12-10-2. Theauthorizations and revocations shall be recorded with the secretary of state.District court clerks may exercise the authority granted by the chief judgeunder this section only during the normal working hours of the clerk's officeto which they are assigned. This authority shall be exercised without fee.