§ 16-10-209 - Court clerk -- Activities and clerical duties.
               	 		
16-10-209.    Court clerk -- Activities and clerical duties.
    The following activities and clerical duties relating to court functions shall be required of all court clerks:
      (1)  Collection, receipt, and deposit procedures.    (A)  All  receipt books must be prenumbered by the printer, and a printer's  certificate or other evidence shall be furnished to the court clerk,  which shall be made available for inspection.
            (B)  All  void or spoiled receipts must be accounted for by attaching the  original copy of the receipt to the duplicate copy of the receipt in the  receipt book.
            (C)    (i)  For  those checks forwarded with the arrest reports, the receipt shall be  issued in the name of the police department, marshal's office, or  sheriff's office.
                  (ii)  For  those receipts issued at court date, the court clerk shall issue such  receipts in the name of the defendant, regardless of who paid the bond  or fine or who collected the bond or fine.
            (D)  A  prenumbered receipt shall be issued for all moneys collected, and such  receipts shall be deposited intact daily into the separate bank account  maintained by the court clerk.
            (E)    (i)  The bank deposit slips prepared by the court clerk shall contain the range or receipt numbers evidencing such collections.
                  (ii)  Additionally, the receipts issued shall be reconciled with the monthly bank deposits.
            (F)  A  bank reconciliation shall be made at the end of each month, and any  balance remaining in the bank account shall be identified with receipt  numbers for cases not yet adjudicated and the payments made on all  unpaid individual time accounts; and
            (G)  The court clerk may maintain separate bank accounts for city cases and for county cases;
      (2)  Preparation and submission of court report.    (A)  The court report shall contain columns for the following information:
                  (i)  The uniform traffic ticket number;
                  (ii)  The defendant's name;
                  (iii)  The nature of the offense;
                  (iv)  The name of arresting officer;
                  (v)  The court docket number;
                  (vi)  The disposition or date continued;
                  (vii)  The receipt number;
                  (viii)  The total fine and costs collected;
                  (ix)  The fine;
                  (x)  The costs itemized, including all prosecuting attorney's fees;
                  (xi)  The bond refund amount;
                  (xii)  The bond refund check number; and
                  (xiii)  The installment payment amount.
            (B)  The  court clerk at each court date shall prepare the court report from the  arrest report supplied by the police department, marshal's office, or  sheriff's office.
            (C)  At the  end of each court date, the court clerk shall complete the court report  for the court date and total the dollar amounts contained in the court  report.
            (D)  The court reports prepared each court date shall be summarized at least monthly.
            (E)  The  court clerk shall make a direct monetary settlement on or before the  tenth day of the next-following month with each of the following:
                  (i)  The city treasurer;
                  (ii)  The county treasurer;
                  (iii)  The prosecuting attorney;
                  (iv)  If applicable, the treasurer of the policemen's pension and relief fund and the district judge and clerk's retirement fund;
                  (v)  The  Administration of Justice Funds Section of the Office of Administrative  Services of the Department of Finance and Administration; and
                  (vi)  Any other state agency or entity which receives fines or fees assessed by the court and collected pursuant to law.
            (F)  The  court clerk, in conjunction with the making of the monetary settlement  in subdivision (2)(E)(ii) [repealed] of this section, will make reports  in quadruplicate of the applicable individual court reports and  distribute the reports in the following manner:
                  (i)  One (1) copy to the mayor;
                  (ii)  One (1) copy to the county clerk;
                  (iii)  One (1) copy to the Administrative Office of the Courts; and
                  (iv)  One (1) copy to be retained by the clerk and made available for inspection;
      (3)  Minimum bookkeeping requirements.    (A)    (i)  The court clerk shall maintain a separate cash receipts and disbursements journal for city cases and county cases.
                  (ii)  The  journal shall consist of sufficient columns in order to properly  classify all moneys receipted as to their proper nature, e.g., fines,  administration of justice fund, etc.
                  (iii)  The  journal shall also contain sufficient columns to properly classify all  moneys disbursed as to their proper nature, e.g., general fund, county  treasurer, bond refunds, etc.
            (B)  The  court clerk shall total and balance the receipts and disbursements  journal monthly and establish and maintain year-to-date totals monthly.
            (C)    (i)  The court clerk shall prepare monthly bank reconciliations for each court bank account.
                  (ii)  The cash receipts and disbursements journal shall be utilized in effecting the bank reconciliations.
            (D)  Copies of bank reconciliations shall be furnished to the court's presiding judge, county judge, and mayor;
      (4)  Bond refunds.    (A)  All  bond refunds shall be made only upon the authorization of the presiding  judge and shall be indicated as such on the court docket.
            (B)    (i)  All bond refunds shall be made only by a check drawn on the court's bank account.
                  (ii)  Additionally, the check shall indicate the court docket number for authorization.
            (C)  The court clerk shall enter all bond refunds on the applicable court report;
      (5)  Installment payments.    (A)  Installment  payments shall be allowed only upon the authorization of the presiding  judge and shall be indicated as such on the court docket.
            (B)    (i)  The  court clerk shall establish and maintain individual installment payment  account ledger cards, with a duplicate copy of the ledger card being  furnished to and maintained by the county or city official, agency, or  department designated under    16-13-709 as primarily responsible for the  collection of fines assessed in district courts and city courts.
                  (ii)  The ledger cards shall contain the following minimum information:
                        (a)  Name of the individual;
                        (b)  Court docket number and court date;
                        (c)  Nature of the violation;
                        (d)  Total fine and costs assessed;
                        (e)  Receipt number, date, and amount of payment; and
                        (f)  Unpaid balance of fine, fees, and costs.
            (C)  The  county or city official, agency, or department designated under     16-13-709 as primarily responsible for the collection of fines assessed  in district courts and city courts shall be responsible for collecting  all installment payments and shall enter all collected installment  payments on each applicable arrest report.
            (D)    (i)  The  court clerk shall establish and maintain a control total for  installment payments, which is a summary of all unpaid individual  installment payment accounts.
                  (ii)  The control total shall be reconciled monthly with the individual installment payment accounts.
            (E)    (i)  The  court clerk shall furnish the county or city official, agency, or  department designated under    16-13-709 as primarily responsible for the  collection of fines assessed in district courts and city courts and the  presiding judge monthly with a list of all unpaid installment payment  accounts for which a payment has not been received within the past  thirty (30) days.
                  (ii)  The presiding judge shall then take the necessary action deemed appropriate in the circumstances.
            (F)    (i)    (a)  All  installment payments shall initially be deemed to be collections of  court costs until the costs have been collected in full, with any  remaining installment payments representing collections of fines.
                        (b)  The court clerk shall prepare at least monthly a separate court report for all installment payments made on accounts.
                        (c)  The monetary settlement for this separate court report shall be made on or before the tenth day of the next-following month.
                  (ii)  A  municipal or county governing body may provide by appropriate municipal  or county legislation an alternative method of installment payment  allocation as follows:
                        (a)  All  installment payments shall be allocated fifty percent (50%) to court  costs and fifty percent (50%) to fines. Whenever either court costs or  fines are fully paid, all remaining installment payments shall be  allocated to remaining amounts due;
                        (b)  The  court clerk shall prepare at least monthly a separate court report for  all installment payments made on accounts. The monetary settlement for  this separate court report shall be made on or before the tenth day of  the next-following month; and
      (6)  Reconciliation of completed ticket books to arrest report.    (A)  The  court clerk shall reconcile on a quarterly basis on or before the  fifteenth day of the month following the end of the calendar quarter the  individual tickets in the completed ticket book to the individual  tickets as reflected on the arrest reports.
            (B)  For  any discrepancies noted in the reconciliation in subdivision (6)(A) of  this section, the court clerk shall prepare a written list and present  this list to the court's judge for his or her appropriate action.