Clerk of Superior Court
Clerk of Superior Court
70 N. Alexander St. Suite 202
Toccoa, GA 30577
Phone: 706-886-3598 Fax: 706-886-5710
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 an elected position in each county, providing personal service directly to the public on a daily basis either personally or through his 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 provides some of the most important checks-and-balances within county government and the judicial system. He 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.
- To file and maintain criminal and civil dockets as well as dockets on domestic suits.
- To attend to the needs of the court in the performance of the duties of the clerk
- To keep in the Clerk’s office all documents, records, microfilm and dockets and all other things required by the Georgia Codes; and
- To 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:
- Maintains all court records; criminal, civil and adoption.
- Manages juries at each term of court
- Coordinates and prepares court calendars
- Prepares jury duty notices and witnesses
- Reads jury verdicts to the Court
- Manages jury processes
- Attends all court sessions
- Assists all attorneys with court rules
- Executes Notary Public Commission
- Processes and records all real estate transactions, plats, liens and personal property instruments
- Files recording and Index real estate records
- Issues subpoenas
- Collects and submits real estate transfer tax, intangible tax, POPTF, POAB, Sheriff's Retirement, Library Drug Education Fund, Children's Trust Fund, Clerks' Retirement Jail Fund
- Files and records trade names, attorney register
- Records all deeds, UCC statements, Armed Forces discharges.
- Administers oaths
- Collects fines
- Manages and files garnishments
- Processes and files adoptions
- Processes and files appeals
- Ensures 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.