§ 16-18-207 — City court clerk - Election - Term of office - Duties - Removal - Vacancies

(a) The municipal governing body may by ordinance require the city court clerk serving the popularly elected city judge to be elected by the voters of the city or town for a term of four (4) years. The elected clerk may be an alternative or in addition to the court clerk provided for by charter. The initial term may be a transitional term established by ordinance to make the clerk's election coincide at every other election with the election of the city judge. The elected clerk shall perform the duties set out in the charter and ordinances of the city or town for the city court clerk. (b) The elected clerk may be removed by the city judge: (1) Upon conviction of a misdemeanor in office or of a felony; (2) For failing to give security as required by law or ordinance; (3) For failing to pay over public moneys or moneys collected officially; (4) For incapacity, neglect of duty or misbehavior in office; or (5) For any other cause to which the penalty of removal is attached by law. (c) A vacancy in the office of the elected city court clerk may be filled temporarily by appointment by the city judge until the next regular municipal or general election. At this election, a person shall be elected to serve any unexpired term if the full term is not to be filled at the election. (d) If a city or town chooses to have an elected clerk but does not wish to elect a city court clerk specifically for the city or town, the clerk of the general sessions court in the county may by agreement with the city or town serve as the clerk of the city court.

Legislative History

Acts 1993, ch. 115, § 1.