Clerk of Court Job Involves Varied Tasks

Newberry Observer 1953 - contributed by Cathy Schmidt

"There's only one thing I don't like about this job," said Clerk of Court Charlie Bowers when he was being interviewed about his office the other day. "I don't get to see enough of the public although I am in public office."

While the name of almost every citizen of the county will go through the clerk's office in a year's time, there are few occasions for the citizen himself to visit the clerk's office, since most of the business the average person would have with the clerk's office is done by an attorney. Mr. Bowers and his two deputy clerks Burke Wise of Little Mountain, and Mrs. Mildred R. Harmon, of Newberry, keep busy, though with the many tasks involved in the office. The clerk has three titles: Register of Mmes. Conveyances, clerk of the Court of common Pleas and Clerk of the Court of General Sessions.

The first of these jobs is concerned altogether with public records of property conveyances, mortgages, and other papers which are recorded. The latter tow jobs are associated with the operation of the circuit court in Newberry county.

The clerk's duty begins with drawing the jury for courts. As one of the three jury commissioners (the other two are the auditor and the treasurer) he helps with drawing the jury for each term of court. In December of each year, the office personnel of the three jury commissioners compile the "box" from which the jurors are drawn. The list is made ? ? ? duty are teachers up of eligible male voters. Exempt preachers, lawyers, doctors, exempted from jury duty are teachers, balmers, pharmacists, dentists, city and county officials. peace officers, and any person over age sixty-five.

Clerk of Court Charlie Bowers looks up a record in one of the many record books on file in the vault at the clerk's office in the cunty Court House (Sunphoto)

Two weeks before each term of court the jury commissioners advertise the time and place a jury will be drawn. The public is not only allowed to attend the drawing but is welcomed. When the venire (list of jurors for the term) is completed, the clerk of court turns the list over to the sheriff, who sees that jurors and to witnesses: he arraigns prisoners in open court; that is, reads to them the charge against them and asks how they plead to the charge - guilty or not guilty. He issues bench warrants for witnesses or defendants who fail to appear in court when ordered to do so; he publishes (reads) in open court the true bills of indictment returned against defendants by the Grand Jury. He receives the verdicts of the juries in all trial cases and published the verdict to the court. The clerk administers oaths to bailiffs and officers in charge of jurors or prisoners and ? pay vouchers for jurors and witnesses.

Prior to court, Mr. Bowers receives all warrants from magistrates and has them ready to be carried to the solicitor one week before court for preparation of Bills of Indictment. During court, when true bills are returned by the Grand Jury, the clerk enters the case on the Criminal docket which is used for the information of the Judge. When a case has been disposed of, the deputy clerk, Mr. Wise, together with the probation officer, Roy Stutts, checks to see that the sentences or disposal of cases are properly recorded on the docket.

All papers involved in trial of cases in the Court of Common Pleas are filed in the clerk of court's office. An example of such cases are divorce suits lawsuits, default judgments, foreclosures, adoptions and settlement of estates. Three calendars are kept for Common Pleas court. No. 1 consists of cases heard in open court at jury trials; No. 2 contain equity cases which are heard by the presiding judge in chambers; No 3 is the default Judgment calendar, where orders for judgment against parties are signed by the judge when a defendant doesn't answer a summons and complaint.

When a court session is over, Mr. Wise writes the minutes of the court in the journal. He also prepares commitment papers to go with a prisoner who is sentenced to the county changing or to the State penitentiary. All papers concerned with the trial of cases, with the exception of the verboten testimony taken by the court reporter are filed in the clerk's office.

The Clerk of Court and his two deputies have the authority in the absence of the resident judge to sigh orders appointing referees to hear cases, appointing guardians on items in cases where minor children are involved, and to issue bond, but not to set the sum of the bond. Mrs. Harmon assists the secretary of the Grand Jury sentiment in the presiding judge during terms of criminal court ?? "the Clerk of Court just sees that the routine of the court is kept running in an orderly manner."

Mr. Bowers also sees that representatives of the press and radio are provided good space for working when court is in session and helps in assembling data for these news media.

A job that goes on all the time is the collection of all non-support payments and alimony to be turned over to the proper authorities, and fines to be turned over to the county treasurer.

One of the major tasks performed by Mrs. Harmon is the indexing and responding of all deeds, real estate titles and mortgages. All need to be recorded in the clerks office are timed and dated with an electric device as soon as they reach that office. They are then typed in a large record book and indexed so they will be easy to locate. Mr. Wise indexes and records all chattel mortgages. Other types of books and records which are kept include: Powers of Attorney, Rental Right of Way Agreements, Plats, Notary Public commissions, Licenses of Doctors, dentists, Pharmacists, Licenses of Business firms; commissions of constables, magistrates and other county officers. Records dating from 1776 to the present date are available in the clerk's office.

Mr. Bowers has been given the job of collecting license fees from peddlers doing business in the county. Fees for recording, however, are not paid to the clerk but directly to the county treasurer. Mr. Bowers and his aides will on satisfactory proof, issue birth certificates for persons born prior to 1915; persons born after that date must secure certificates from the county Health department.

The Clerk has authority to decide when the court house office should observe holiday closing and set hours of work.

He is the custodian of the registration books of eligible voters in the county, and keeps the original books under lock and key at all times when they are not in the hands of the Registration Board.

"The Clerks office is open to the public at any time," said Mr. Bowers. "We are the custodians of the public records and will be glad to assist anyone in getting information from those records."

Mr. Bowers was elected to the office in January 1953, succeeding the late dr. Hugh K. Boyd who was Clerk of Court for 28 years. The Clerk is elected for a term of four years. Mr. Wise and Mrs. Harmon have assisted Mr. Bowers since he began his duties as the county's clerk of court. With the aid of his two deputies, Mr. Bowers aids an efficiently run office, and visiting judges comment on the smoothness with which the court sessions are carried on in Newberry county.

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