Clerk of Superior Court
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. . 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 keep in the Clerk’s office all documents, records, microfilm and dockets and all other things required by the Georgia Codes;
- Execute Notary Public Commission
- Process and record all real estate transactions, plats, liens and personal property instruments
- File recording and Index real estate records
- Collect and submit real estate transfer tax, intangible tax, POPTF, POAB, Sheriff's Retirement, Library Drug Education Fund, Children's Trust Fund, Clerks' Retirement Jail Fund
- File and record trade names, attorney register
- Record all deeds, UCC statements, Armed Forces discharges.
- Administer oaths
- Manage and file garnishments
- Process and file adoptions
- Ensure that records are transferred from paper to microfilm for permanent storage; and
- Perform all other duties required by Georgia Law.
For more information on the Clerk of Court's duties in the Court System click here.