50.04.080 Clerk of Court; to Keep Court Papers, Books and Records

The Chief Clerk of Court shall be responsible for execution and completion of the following responsibilities:

(a) File and keep all papers properly deposited with him or her in every action or proceeding unless required to transmit the papers. The papers shall be transferred to electronic format, within ten (10) days after filing.

(b) Keep a court record and write in that record the names of parties in every civil action or proceeding in the court, the names of attorneys representing the parties, a brief statement of the nature of the action or proceeding, the date of filing every paper therein and of each proceeding taken, the file in which the papers can be found, the time when the action or proceeding is put on the calendar for trial, and when and how the action or proceeding is disposed of; the location where minutes in every case can be found and the place in the judgment record and electronic file where any judgment, order or report has been recorded, so as to make the court record a history in brief of each action or proceeding from beginning to final disposition; and a complete index of all proceedings therein.

(c) Keep a criminal record and write in that record a history in every criminal action like the court record in civil actions and proceedings with references to the file where papers in the action can be found, to the minute record and to the information record where indictments and criminal complaints can be found.

(d) Keep a minute record and write in that record a brief statement of all proceedings in open court showing motions and orders during trial, names of witnesses, jurors selected, the officer sworn to take them in charge, jury verdicts and openings and adjournments of court. The clerk, in lieu of keeping a minute record, may elect to incorporate in the appropriate court record, civil or criminal, the data which this paragraph requires to be recorded.

(e) Keep a judgment and lien docket of all money judgments of the court, transcripts from judgment and lien dockets of other Tribes, states courts and/or other federal courts.

(f) Keep a judgment and lien docket of all claims for liens filed by prime contractors, subcontractors, suppliers, service providers, and laborers and all claims filed for log, mining, and maintenance liens.

(g) Keep an index to the court record, the criminal record, the judgment record and the lien record.

(h) File, enter, record and keep such other papers, books and records as are required by law.

(i) Keep a record of all payments ordered by the court to be paid to the clerk of court.

(j) Keep a record of law enforcement operating within the Territory and Jurisdiction of the Court and such law enforcement officer's certifications and qualifications.

(k) Keep a record of all qualified interpreters the Court may need from time to time.

(l) Deposit monthly to the Tribe's Finance Office for the use of the Tribe the Tribe's percentage of the costs, fees, and surcharges imposed that are required to be paid on each civil action, criminal action, and special proceeding filed during the preceding month and pay monthly to the treasurer for the percentage of court-imposed fines and forfeitures that are required by law to be deposited in the treasury. The payments shall be made by the 15th day of the month following receipt of the payments at a minimum.

(m) Deposit monthly to the Tribe's Finance Office the amounts required for the jail assessment surcharge and the amounts required by any criminal sentence. The payments shall be made by the 15th day of the month following receipt thereof at a minimum.

(n) Cooperate with child support for any child and spousal support and establishment of paternity and medical support liability program, and provide that department with any information from court records which it requires to administer that program.

(o) Perform all other duties that are required by law.

(p) The clerk may refuse to accept any paper for filing or recording until the fee prescribed under the rules of court or the civil procedures or any applicable code is paid, or if the pleadings do not conform to the rules of procedure or rules of court administration.