| The office of the Clerk of the Court of
Common Pleas traces its origin to the medieval cleric. They
maintained the records, were responsible for correspondence and had
various powers to issue writs or other processes ordered by the Court.
The cleric was generally one of the few educated persons in the
community. In creating a state judicial
system, the 1802 Ohio Constitution provided for the appointment of a
Clerk of Courts for each county. The judges of the Common Pleas
Court made the appointments for a seven year term.
Under the 1851 Constitution the office
became elective for a three-year term which was extended to four years
in 1936.
The official title is Clerk of the Court of
Common Pleas, but most often the office holder is referred to as the
Clerk of Courts.
Many prominent Ohioans have served as Clerk
of the Court of Common Pleas. For example, William Henry Harrison,
ninth President of the United States, was a Clerk of Courts when he was
elected President in 1840.
The duties mandated by the statutes of the
Ohio Revised Code have grown tremendously over the years. The
responsibilities of the Clerk of Court of Common Pleas are set forth in
over 250 sections of the Ohio Revised Code.
Core of the Court
The Clerk of Courts office, as the "core of
the Court", plays a vital role in serving the interest of justice.
This includes filing, docketing, indexing and preserving all court
pleadings for civil, felony criminal and domestic relations cases.
The Clerk of Courts must also follow procedure required by law and issue
writs to carry out Court orders. Some of these writs include
summons, subpoenas, warrants to arrest and to convey to penal
institutions, and signing the death warrant in capital cases.
In a number of counties, the duties of a
Municipal Court Clerk have been assigned to the Clerk of the Court of
Commons Pleas.
In addition to processing all Court
paperwork, the Clerk of Courts must preserve all of these records for
use by future generation. All of the 88 Counties have computer
systems to streamline this process. Archival quality retention
must be used to permanently preserve the Court records.
One of the largest revenue sources to the
State of Ohio is the 88 Clerks of the Court of Common Pleas.
Annually the fees and taxes disbursed to the State by the Clerk of
Courts' legal and title offices exceeds 1.5. billion dollars.
The Automobile and Watercraft Title Division
of the Clerk of Court of Common Pleas is linked throughout the State of
Ohio by a sophisticated computer network. This Automated Title
Processing System (ATPS) provides fast, efficient issuance of
approximately 6 million Ohio Titles annually. Through cross-county
titling, an Ohio resident is able to obtain a title in any county in the
State of Ohio. A certificate of title is documented proof of
ownership. In some counties the Clerk f Courts has located a Title
Office with or near the State License Bureau and Highway Patrol Driver
Examination Station to provide convenient, one-stop service
In addition to collecting billions of
dollars in sales and use taxes for the purchase of automobiles, the
Clerk of Courts is responsible for collecting all revenue relating to
court cost. bonds, fines and forfeitures. Clerks of the Court of
Common Pleas are responsible for receiving and disbursing millions of
other dollars which are directed to various accounts of the county and
state. In certain counties these revenues total over 100 million
dollars. The Clerk may invest undisbursed funds which generate
interest revenue for the county general fund, and in may counties is
significant source of revenue.
Ohio's Clerks of the Court of Common
Pleas also:
- Accept Bonds
- Call Juries
- Record and Certify Notary Commissions
- Administer Oaths
- File State Tax Liens
- File Judgment Liens
And serve as a member of the
following:
- County Data Processing Board
- County Records Commission
- County Microfilm Board
- County Courthouse Construction and Improvement Committee
- County Courthouse Security Committee
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