Clerk of Superior Court
Meet Tim Harper via Video
The Clerk of Superior Court is a Constitutional Officer, meaning the position was created by act of the Legislature in the state constitution. The Clerk is the person responsible for protecting the integrity of public records and public funds.
The Clerk receives, manages, and processes all court documents, collects and disburses all court fees, fines, and costs, and provides the public with access to court records. As keeper of public records, the Clerk records deeds, mortgages, and notaries public.
• Clerk's Original File Is the Official File of the Court
- Criminal and Civil documents are filed and maintained in the Clerk's Office.
- Each case is assigned a case number and Judge.
- Each civil case can have numerous parties as plaintiff or defendant.
- The District Attorney's Office, the Public Defender's Office, private attorneys, plaintiffs and/or defendants file all original documents pertaining to a case in the Clerk's Office.
- Once a criminal case is sentenced or closed, the Clerk's Office processes the necessary paperwork to send to the applicable State agency.
- The Clerk's Office collects the fines, either from the individual or through the probation office, whichever is applicable, and processes and disburses the fine monies to local and State agencies.
• Judge Assignment
- Civil Judge Assignment
- Computer Assigns Judge Randomly
- Criminal Judge
Warrant issue via the Magistrate Judge are processed by Law Enforcement
Sheriff’s Department transmits warrants to the Clerk of Superior / State Court for Judge Assignment.
Clerk of Superior or State Court transmit warrants to the District Attorney’s Office or Solicitor General’s Office.
District Attorney’s Office or Solicitor General’s Office will draw a case to be presented to the Grand Jury or filed in the Clerk of Superior/State Court’s Office
- Clerk will then assign a Criminal Case Number.
Any document filed prior to the issuing of a Criminal Case Number can be filed listing the Warrant Number. These documents will be forwarded to the assigned Judge if necessary as the Judge is assigned during the warrant stage prior to the case being drawn by the District Attorney’s Office or Solicitor General’s Office.
• Jury Pool
Jury Commissioners are responsible for preparing a balanced jury box. The jury box must comprise a cross-section of the community, adequately representing each identifiable group in the County population. Eligible names for the jury box can be taken from the voter's list, driver's license list, personal knowledge, etc. The law provides for the following excusals/deferrals from jury service when a called juror completes and returns an affidavit that is provided on the back of the jury summons:
- Full-time student at a college, university, vocational school or other postsecondary school (OCGA 15-12-1(2)
- Primary caregiver which has active care and custody of a child under six years of age, with no reasonable available alternative child care (OCGA 15-12-1(a)(1) )
- Over 70 years of age;
- Permanent medical excuse statement provided by a doctor;
- Primary teacher in a home school program (Home Study Code Section (c) 20-3-690)
- Service member on ordered military duty
- Convicted of felony unless your rights have been restored..
• Real Estate and Uniform Commercial Code (UCC) Filings
The Clerk's Office files real estate documents (warranty, quit claim, security, cancellation, liens, plats, etc.) and UCC Financing Statement documents for properties in Banks County. The real estate division of the Clerk's Office is responsible for receiving, processing, recording, indexing and processing all fees relating to real estate, including the collection of real estate transfer taxes and intangible taxes. UCC documents are scanned to the Georgia Superior Court Clerk's Cooperative Authority where they are indexed and listed on their web site.
• Other Records and Services
- Federal, State, and County tax liens are sent to the Clerk's Office for filing by the issuing agency.
- DD214, Military Discharge Records, are recorded at no charge to the veteran and they are no longer public record.
- Real estate, UCC and civil protective orders are scanned and transmitted to the Georgia Superior Court Clerk's Cooperative Authority.
- The Clerk's Office processes appeals to the Court of Appeals and the Supreme Court.