The legal authority for the activities of a clerk of court’s office is found in Article 5, Section 28 of the Louisiana Constitution of 1974, and in Louisiana Revised Statute (R.S.) 13:750, et. seq. Each of Louisiana’s 64 parishes has a clerk of court; and there are separate clerks in Orleans Parish for the civil and criminal district courts.
Clerks of court are elected officials; and their offices are considered to be local auditees; and are required to provide an annual financial report to the Louisiana Legislative Auditor.
Clerks of court serve as clerks of the district court; the ex officio notary public, and the parish recorder of conveyances, mortgages, and other acts.
Clerks of court collect all fees and charges due to the clerk’s office, and deposit them in a fund known as the clerk’s salary fund (R.S. 13:781) or general fund. Clerks of court also maintain certain deposits (advance deposits, registry of court funds, and bonds) until a final judgment is made by the court. Parish governing authorities are required by R.S. 33:4713 to provide suitable office space, furniture and equipment for parish clerks of court.
The Louisiana Compliance Questionnaire requires clerks to provide statements or representations to their auditor regarding their compliance with certain provisions laws and regulations. Auditors are required to test the clerk’s compliance with these laws and regulations.
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