Clerk of Court is an elected position serving the Superior court in Cobb County. The Clerk and Deputy Clerks are custodians over the land and property records of the county as well as the civil and criminal files and records in the courts served.
Background of the Office of Clerk of Superior Court
The Clerk of Superior Court is established in the Constitution of the State of Georgia. The clerk is one of four constitutional officers who can be found in each of the 159 counties in the state, the other constitutional officers are the sheriff, the tax commissioner and the probate judge. The clerk’s duties are statutory in nature and are found in the Official Code of Georgia in literally hundreds of statutes created by the state legislature. In addition, the clerk has an obligation to follow the court rules for each court they may serve. The clerk is found to be one of the most popular elected officials in each county, providing personal service directly to the public on a daily basis through direct contact with the clerk or through contact with his or her deputy clerks.
Limitations on the Clerk’s Office
The clerk and deputy clerks desire to help all parties that ask for assistance and will attempt to do so. The clerk and deputy clerks are strictly forbidden to practice law by statute and are restricted in what they can give advice about or assistance in preparing. The clerks have been allowed by the legislature to assist more freely in matters filed in magistrate court and in family violence matters, but any assistance given by this office should not be considered legal advice. Sound legal advice must only come from a licensed practicing attorney and the clerk’s office encourages all parties to seek competent legal advice. We ask that you be understanding with our staff as we attempt to assist you, knowing the limitations we face in assisting each individual party to a case.