§ 51-52 — General duties of clerks.

Connecticut § 51-52

• Jurisdiction: Connecticut
• Title 51: Courts
• Ch. 873: Court Clerks

Text

(a) Clerks shall: (1) Receive the files, processes and documents returnable to their court locations, (2) make records of all proceedings required to be recorded, (3) have the custody of the active files and records of the court, (4) have the custody of the records of the former county court within their districts, (5) have the custody of and keep safely in the appropriate office, or store as provided in subsection (b) of this section, as records of the court, all judicial files, records and dockets belonging to or concerning the office of justices of the peace and trial justices, judges of borough, city, town and police courts, the traffic court of Danbury, the Circuit Court and the Court of Common Pleas, or belonging to or concerning such courts, including record books kept by town clerks under the provisions of sections 51-101 and 51-106 of the general statutes, revision of 1958, (6) make and keep dockets of causes in their court locations, (7) issue executions on judgments, (8) collect and receive all fines and forfeitures imposed or decreed by the court, including fines paid after commitment, (9) collect and receive monetary contributions made to the Criminal Injuries Compensation Fund pursuant to section 54-56h, (10) account for and pay or deposit all fees, fines, forfeitures and contributions made to the Criminal Injuries Compensation Fund and the proceeds of judgments of their office in the manner provided by sections 4-32 and 51-56a, and (11) perform all other duties imposed on them by law. (b) Each clerk of court may store the inactive records of his court in any place of safekeeping designated by the Chief Court Administrator and may place the records in the direct custody of the records management officer or other designee of the Chief Court Administrator. The records management officer or designee shall be charged with the safekeeping of the records, and, when requested, may certify copies of the records. (c) Temporary assistant clerks shall have the same duties as clerks of court. (d) Each clerk for housing matters and the clerks for the judicial district of New Haven at Meriden shall supervise the handling of housing matters and the maintenance of court records relating thereto and shall provide assistance to pro se litigants and perform such other duties in connection with housing matters as the Chief Court Administrator or the judge assigned to hear the matters may assign to him. (e) Notwithstanding any provision of the general statutes and except as otherwise ordered by the court or prescribed by the Chief Court Administrator, all funds in excess of a working balance established by the Chief Court Administrator held by a clerk of court in a fiduciary capacity shall be paid to the Treasurer or deposited in the Treasurer's accounts in depositories designated by the Treasurer in accordance with such regulations as the Treasurer prescribes. The Treasurer shall invest such funds in any manner he deems appropriate including, but not limited to, depositing the funds in public depositories and purchasing participation certificates in the Short-Term Investment Fund. If the court requests the return of all or a portion of such funds, the Treasurer shall return the amount of such funds requested to the court within two business days of the request. Notwithstanding any provision of the general statutes, all interest and earnings on funds paid to the Treasurer or deposited in the Treasurer's accounts pursuant to this subsection shall belong to and accrue to the benefit of the state. See Sec. 14-142 re proceedings against clerk who fails to deliver abstract of case to Commissioner of Motor Vehicles.

Legislative History

(1949 Rev., S. 7718; 1959, P.A. 28, S. 172; 1963, P.A. 499; P.A. 74-183, S. 38, 291; P.A. 75-530, S. 5, 35; P.A. 76-436, S. 10a, 70, 681; P.A. 79-176, S. 1; P.A. 82-248, S. 51; 82-472, S. 134, 183; June Sp. Sess. P.A. 83-25, S. 3, 9; P.A. 84-162, S. 2; 84-262, S. 2; P.A. 92-239, S. 1, 3; P.A. 06-152, S. 7; P.A. 15-85, S. 8.) History: 1959 act deleted reference to trial justice courts; 1963 act stipulated clerks have custody only of “active” files and added provision re storage of inactive records and records of mortgage foreclosures; P.A. 74-183 replaced circuit court with court of common pleas in provision re storage of records, reflecting transfer of circuit court functions to common pleas court, and specified that mortgage foreclosure records are to be stored in “deputy chief” clerk's office, effective December 31, 1974; P.A. 75-530 amended section to apply to clerks generally, omitting specific references to clerks and deputy chief clerks of court of common pleas; P.A. 76-436 transferred duty to designate places of safekeeping from chief judge of court to chief court administrator, effective July 1, 1978; P.A. 79-176 added provisions re placement of records in custody of a public officer or designee of chief court administrator and such person's responsibility for safekeeping of records and certifying copies of them; P.A. 82-248 reworded section, divided section into Subsecs. and added provisions formerly in Secs. 51-170 and 51-193a re custody of court records and Sec. 51-51v re duties of assistant clerk for housing matters; P.A. 82-472 deleted obsolete reference to court for the “county”; June Sp. Sess. P.A. 83-25 amended Subsec. (e) to include clerks for the judicial district of New Haven at Meriden; P.A. 84-162 deleted former Subsec. (c) which had required records of mortgage foreclosures to be stored in the office of the clerk of the court for the judicial district in which the land is located and redesignated former Subsec. (d) as Subsec. (c) and former Subsec. (e) as Subsec. (d); P.A. 84-262 amended newly designated Subsec. (d) by replacing “assistant clerk for housing matters” with “clerk for housing matters”; P.A. 92-239 added Subsec. (e) re deposit of fiduciary funds in the treasurer's accounts; P.A. 06-152 amended Subsec. (a) by adding new Subdiv. (9) re collection of monetary contributions made to Criminal Injuries Compensation Fund, redesignating existing Subdivs. (9) to (11) as Subdivs. (10) to (12), inserting provision re contributions made to Criminal Injuries Compensation Fund in redesignated Subdiv. (10) and making technical changes, effective July 1, 2006; P.A. 15-85 amended Subsec. (a) by deleting former Subdiv. (11) re filing of copies of memoranda of decisions in Superior Court cases with Reporter of Judicial Decisions and redesignating existing Subdiv. (12) re other duties as Subdiv. (11). Clerk of a court derives his authority to grant execution from the record; in the absence of a record he has no authority. 7 C. 9. In correcting a mistake, clerk acts in a ministerial capacity. Id., 141. Judicial record defined. 13 C. 217. An execution may be renewed by the clerk by changing its date. 17 C. 144. Clerks may at any time fill up blanks left for insertion of costs. 21 C. 526. Entries in dockets, not records. 25 C. 338. Contents of a judicial record. 27 C. 465, 466. Clerk should reenter cause on reversal of an order erasing it from the docket. 35 C. 103. Issuance of mittimus by clerk after term. 36 C. 251. Record of recognizance may be made from entries previously made on docket. 48 C. 375. Record speaks from date of fact recorded. 49 C. 82. General duties of clerk of Supreme Court. 70 C. 337. Functions in general. 84 C. 462. Delay in preparation of judgment file, while a breach of duty, does not invalidate it. 109 C. 243. Review of duties of clerks in connection with the keeping of records of the doings of their courts. Id., 241. Cited. 201 C. 1. Cited. 15 CA 312; 16 CA 518; 31 CA 660. Cited. 19 CS 41. Execution is within inherent equitable control of court and was denied where suit was pending to determine rights of defendant to subrogation to claim on which plaintiff's judgment was based. 27 CS 382. Cited. 28 CS 357; 42 CS 574. With regard to judgment records of former minor courts, clerks of circuit court exercise duty of custody and safekeeping; they are not successors in office to clerks of said courts and are not enabled to amplify or complete any record of such courts in their custody; they may certify only to authenticity of documents in their custody, without verbal alteration. 2 Conn. Cir. Ct. 688. Issuance of execution ordinarily ministerial act. 3 Conn. Cir. Ct. 237. Subsec. (b): No authority is provided to allow court to create new file for considering an emergency motion or future related matters in withdrawn cases. 77 CA 690.