Section 16-10-209 - Court clerk - Activities and clerical dutiesThe following activities and clerical duties relating to court functions shall be required of all court clerks:
(1)Collection, Receipt, and Deposit Procedures.(A) A prenumbered receipt must be issued for all moneys collected.(B) Prenumbered manual receipts must meet the following minimum standards:(i) All receipt books must be prenumbered by the printer, and a printer's certificate shall be furnished to the court clerk, which shall be made available for inspection;(ii) The certificate must state the printing date, the numerical sequence of receipts printed, and the printer's name; and(iii) All void or spoiled receipts must be accounted for by attaching the original copy of the receipt to the duplicate copy of the receipt in the receipt book, with the reason for the void or spoiled receipt documented and retained for audit purposes.(C) If an electronic receipting system is used, the system must be in compliance with the Information Systems Best Practices Checklist provided by the Legislative Joint Auditing Committee.(D)(i) For those checks forwarded with the arrest reports, the receipt shall be issued in the name of the police department, marshal's office, or sheriff's office.(ii) For those receipts issued at court date, the court clerk shall issue such receipts in the name of the defendant, regardless of who paid the bond or fine or who collected the bond or fine, indicating on the receipt the method of payment, such as cash, check, money order, or credit card.(E) Receipts shall be deposited intact daily into the separate bank account maintained by the court clerk.(F)(i) The bank deposit slips prepared by the court clerk shall contain the range of receipt numbers evidencing such collections.(ii) Additionally, the receipts issued shall be reconciled with the monthly bank deposits.(G) A bank reconciliation shall be made at the end of each month, and any balance remaining in the bank account shall be identified with receipt numbers for cases not yet adjudicated and the payments made on all unpaid individual time accounts.(H) The court clerk may maintain separate bank accounts for city cases and for county cases;(2)Preparation and Submission of Distribution Report.(A) The distribution report shall contain the following information: (ii) The defendant's name;(iii) The nature of the offense;(iv) The name of arresting officer;(v) The court docket number;(vi) The disposition or date continued;(vii) The receipt number;(viii) The total fine and costs collected;(x) The fees and costs itemized;(xi) The bond refund amount;(xii) The bond refund check number; and(xiii) The installment payment amount.(B) The court clerk at each court date shall prepare the distribution report from the arrest report supplied by the police department, marshal's office, or sheriff's office.(C) At the end of each court date, the court clerk shall complete the distribution report for the court date and total the dollar amounts contained in the report.(D) The distribution reports prepared each court date shall be summarized at least monthly.(E) The court clerk shall make a direct monetary settlement on or before the tenth day of the next-following month with each of the following:(ii) The county treasurer;(iii) The Administration of Justice Funds Section; and(iv) Any other state agency or entity which receives fines or fees assessed by the court and collected pursuant to law.(F) The court clerk shall submit electronically or in writing a monthly distribution report describing the direct monetary settlements under subdivision (2)(E) of this section no later than the tenth day of each month to the county treasurer;(3)Minimum Bookkeeping Requirements.(A)(i) The court clerk shall maintain a cash receipts journal or electronic receipts listing.(ii) The court clerk may maintain separate cash receipts journals or electronic receipts listings for city cases and county cases.(iii) The receipts journal or electronic receipts listing must indicate the receipt number, receipt date, violator's or payor's name, amount of the receipt, and classification of the receipt.(iv) The receipts journal or electronic receipts listing shall be properly balanced and totaled monthly and on a year-to-date basis.(v) The receipts journal or electronic receipts listing shall be reconciled monthly to total bank deposits as shown on the bank statements.(B)(i) The court clerk shall maintain a cash disbursements journal or electronic check register.(ii) The court clerk may maintain separate cash disbursements journals or electronic check registers for city cases and county cases.(iii) The disbursements journal or electronic check register must indicate the date, payee, check number, amount for each check written, and classification of the disbursement.(iv) The disbursements journal or electronic check register shall be properly balanced and totaled monthly and on a year-to-date basis.(v) The disbursements journal or electronic check register shall be reconciled monthly to total bank disbursements as indicated on the bank statements;(4)Bond Refunds.(A) All bond refunds shall be made only upon the authorization of the presiding judge and shall be indicated as such on the court docket.(B)(i) All bond refunds shall be made only by a check drawn on the court's bank account.(ii) Additionally, the check shall indicate the court docket number for authorization.(C) The court clerk shall enter all bond refunds on the applicable distribution report;(5)Installment Payments.(A) Installment payments shall be allowed only upon the authorization of the presiding judge and shall be indicated as such on the court docket.(B)(i) The court clerk shall establish and maintain individual installment payment account ledger records, with a duplicate copy of the ledger record being furnished to and maintained by the county or city official, agency, or department designated under § 16-13-709 as primarily responsible for the collection of fines assessed in district courts.(ii) The ledger records shall contain the following minimum information: (a) Name of the individual;(b) Court docket number and court date;(c) Nature of the violation;(d) Total fine and costs assessed;(e) Receipt number, date, and amount of payment; and(f) Unpaid balance of fine, fees, and costs.(C) The county or city official, agency, or department designated under § 16-13-709 as primarily responsible for the collection of fines assessed in district courts shall be responsible for collecting all installment payments and shall enter all collected installment payments on each applicable arrest or distribution report.(D)(i) The court clerk shall establish and maintain a control total for installment payments, which is a summary of all unpaid individual installment payment accounts.(ii) The control total shall be reconciled monthly with the individual installment payment accounts.(E)(i) The court clerk shall furnish the county or city official, agency, or department designated under § 16-13-709 as primarily responsible for the collection of fines assessed in district courts and the presiding judge monthly with a list of all unpaid installment payment accounts for which a payment has not been received within the past thirty (30) days.(ii) The presiding judge shall then take the necessary action deemed appropriate in the circumstances.(F)(i) All installment payments, with the exception of the monthly installment fee, which is remitted as provided under § 5-4-205(e)(1)(B)(ii), shall initially be deemed to be collections of restitution until restitution has been collected in full, with any remaining installment payments representing collections of court costs, and then fines.(ii) If court costs, restitution, and fines are fully paid, all remaining installment payments shall be allocated to remaining amounts due.(iii) A municipal or county governing body that adopted municipal or county legislation before July 1, 2012, to provide an alternative method of installment payment allocation as then authorized by state law shall remain in effect until repealed; and(6)Reconciliation of Completed Citation Books.(A) The court clerk shall reconcile on a quarterly basis on or before the fifteenth day of the month following the end of the calendar quarter the individual citations in the completed citation book to the individual citations as reflected on the arrest reports or court dockets.(B)(i) For any discrepancies noted in the reconciliation in subdivision (6)(A) of this section, the court clerk shall prepare a list and present this list to the court's judge for his or her appropriate action.(ii) This list shall be maintained for audit purposes.(C) If the court clerk is designated under § 16-13-709 to be primarily responsible for the collection of fines, the reconciliation of completed citation books described in this subdivision (6) shall be performed by someone outside of the court clerk's office as determined by the court judge.Amended by Act 2023, No. 450,§ 2, eff. 8/1/2023.Amended by Act 2015, No. 903,§ 1, eff. 7/22/2015.Amended by Act 2013, No. 282,§ 3, eff. 3/6/2013.Acts 1977, No. 332, § 7; 1985, No. 677, §§ 1, 2; 1985, No. 776, §§ 1, 2; A.S.A. 1947, § 22-1107; Acts 1991, No. 904, § 21; 1997, No. 788, § 3; 1997, No. 1341, § 3; 1999, No. 1081, §§ 1, 2; 1999, No. 1508, § 7; 2003, No. 1765, § 7; 2005, No. 1934, § 3; 2011, No. 1174, § 7.