The County Clerk:

                The County Clerk is one of several independent, elected officials provided by the State of Ohio Constitution, with specific and special duties assigned by statute, local and state court rules and over 288 mandated responsibilities required by the Ohio Revised Code.  

The position of County Clerk is best characterized as the administrative and financial officer of the Common Pleas Court.  The purpose of the office of County Clerk is to ensure the separation of powers among the branches of county government by preserving the integrity of the judiciary.  This purpose is accomplished in the following ways.

                By being independent of the judicial branch, the Clerk protects the judiciary from the appearance of impropriety or unfairness in the setting of cases, implementation of orders, or investment of funds.

                The Clerk provides the avenue for external oversight of the judiciary without interference with its actions, integrity or independence.

                As an independent elected official, the Clerk preserves for the public unfettered access to a fair, accurate, and independently established record of the opinions, decisions, and judgments of the court.

 

Specific functions of the County Clerk include:

                Administrator of court records and exhibits: All documents presented in a court cause of action must be received and processed by the Clerk.  The processing of court documents involves record classification, assignment of cause number, computerized docketing and manual filing of hard copy records.  Records must be maintained, retained and purged in accordance with statutory time constraints, and required archival standards. Review court documents for possible errors; perform acts required by law; issue letters testamentary; warrants (civil and criminal), and writs of execution, garnishment, attachments, restitution and orders for sales. Maintaining public access to the permanent records held by the office.

                Financial Officer for the Courts:  As the court’s agent, the Clerk collects statutory fees, fines, trust funds and support funds; maintains a trust account for monies received; establish an accounting system for receipting and disbursing monies ordered by the court; and the Clerk further provides an investment plan for monies held.  The collection, accounting and investment of court monies are done to ensure that the interests of the public and the county are secured.

                Justice System Administrator: In this role, the Clerk identifies and articulates the changing needs of the court record processing, of the storage, retrieval and disposal of documents, records and exhibits.

                Departmental Administrator: As the administrator of a county department, the Clerk has the responsibility to establish office policies, budgets, and procedures in accordance with the established guidelines and policies of the Board of County Commissioners.

                Quasi-judicial Officer:  For the issuance of writs, subpoenas, and other court-related orders, the Clerk serves a quasi-judicial function (to exercise discretion of judicial nature.)

 

Accuracy and Efficiency:

                Accuracy and efficiency are critical in the Clerk’s office, as even the slightest error or omission in indexing, posting, filing, preparation of writs or disbursements of funds affects the life or property of members of the public and make the Clerk personally liable for damages and subject to monetary fines.  With an office as busy as the County Clerk’s, accurate, complete and timely Clerk’s action can be assured only if rules of good practice are followed.

 

Operations and Workload:

                The Erie County Clerk’s Office serves the citizens of Erie County and is responsible for the administrative and financial functions of the Court of Common Pleas.  In general, the Legal Department provides support to the Court for the following areas: Civil, Criminal, Domestic Relations, and the Sixth District Court of Appeals

                Civil. Process documents relating to personal injury, foreclosures, and business disputes. Also records Ohio sales and income tax judgments for public record; and issues Certificates of Judgment and subpoenas. A special service includes the recording of Notary Public Commissions.

                Criminal. Process all felony cases bound over to the grand jury and all grand jury indictments. Prepares for criminal arraignments; dockets and files all motions, entries, warrants, summons relating to criminal cases; and issues vouchers for witness fees. Also processes driver license suspensions sent to the Bureau of Motor Vehicles.

                Domestic Relations.  Process marital and other non-criminal domestic disputes. Engages in the same activities as the Civil filings, except that it is responsible for filing and maintaining records pertaining to divorces, dissolutions, legal separations, annulments, and domestic violence protection orders.

Appellate. Receive all filings and manages all documentation relating to cases, which have been appealed to the 6th District Court of Appeals located in Toledo, OH. This includes any appeals from the common pleas court, juvenile court, probate court, area courts, and municipal courts located in Erie Count.

 

Additional Functions:

Process US Passport applications as the designated US Passport agent for Erie County.  This includes providing information and services about how to obtain, replace or change a passport.

The Automobile & Watercraft Title Office operates in partnership with the Ohio Bureau of Motor Vehicles to offer a wide variety of services including titling automobiles, motorcycles, mobile homes, travel trailers, campers, motor homes, boats, boat motors, all-terrain vehicles (ATV's), off-highway motorcycles, wave runners, and jet skis for Erie County as well as collecting Ohio sales tax from the purchase of motor vehicles.  

Miscellaneous Functions: Record Notary Commissions; Administer Oaths; Keep Naturalization Records