16.1-69.40 - Powers and duties of clerks; civil liability.
§ 16.1-69.40. Powers and duties of clerks; civil liability.
The clerk and deputy clerks shall be conservators of the peace within theterritory for which the court has jurisdiction, and may, within such judicialdistrict, issue warrants, detention orders, and other processes, original,mesne and final, both civil and criminal, commit to jail or other detentionfacility, or admit to bail upon recognizance, persons charged with crimes orbefore the court on civil petition, subject to the limitations set forth bylaw, and issue subpoenas for witnesses, writs of fieri facias and writs ofpossession, attachments and garnishments and abstracts of judgments. A recordmade in the performance of the clerk's official duties may be authenticatedas a true copy by the clerk or by a deputy clerk without additionalauthentication by the judge to whom the clerk reports, notwithstanding theprovisions of subsection B of § 8.01-391.
No clerk or deputy clerk shall issue any warrant or process based oncomplaint of his spouse, child, grandchild, parent, grandparent,parent-in-law, child-in-law, brother, sister, brother-in-law, sister-in-law,nephew, niece, uncle, aunt, first cousin, guardian or ward. They may takeaffidavits and administer oaths and affirmations, take and certifydepositions in the same manner as a notary public, perform such othernotarial acts as allowed under § 47.1-12, take acknowledgments to deeds orother writings for purposes of recordation, and issue all other legalprocesses which may be issued by the judge of such court and exercise suchother powers and perform such other duties as are conferred or imposed uponthem by law. The clerk may also issue to interested persons informationalbrochures authorized by a judge of such court explaining the legal rights ofsuch persons.
No clerk or deputy clerk shall be civilly liable for providing information orassistance that is within the scope of his duties.
The clerk shall develop, implement and administer procedures necessary forthe efficient operation of the clerk's office, keep the records and accountsof the court, supervise nonjudicial personnel and discharge such other dutiesas may be prescribed by the judge.
(1972, c. 708; 1973, c. 546; 1974, c. 671; 1978, c. 463; 1983, c. 135; 1985,c. 99; 1989, c. 229; 2001, cc. 488, 499.)