§ 16-20-310 — Charges against or indictment of clerk - Proceedings - Removal

(a) (1) When any prosecuting attorney is required to prosecute charges against any clerk, if the offense is indictable, the prosecuting attorney shall submit the charges to the grand jury, in order that an indictment may be found. (2) (A) If the charges are for an offense not indictable, the prosecuting attorney shall make the charges out and file them in the court. He shall cause a copy thereof to be served on the clerk, together with a notice requiring him to appear before the circuit court of the county in which the clerk may reside, on some specified day in the term, and answer the charges. (B) The notice and copy of the charges shall be delivered to the clerk at least fifteen (15) days before the day appointed for the answering thereof. (b) (1) The prosecuting attorney shall cause witnesses to be summoned to support such charges or any indictment that may have been found against the clerk and shall prosecute the charges or indictment with speed. (2) The clerk shall appear and plead at the next term of the court unless further time is given for that purpose. (3) If the clerk pleads not guilty to the charges or indictment, the court shall require a jury to be summoned to try the issue joined. (4) If the jury finds the clerk guilty, or if he pleads guilty to the charges or indictment, it shall be the duty of the court to enter up an order removing the clerk from office. From that time he shall cease to be clerk of such court, and the vacancy shall be filled according to law. Rev. Stat., ch. 25, §§ 15-18; C. & M. Dig., §§ 1387-1390; Pope's Dig., §§ 1648-1651; A.S.A. 1947, §§ 23-322 -- 23-325.