§ 24 Custody and care of records: It is the duty or function of a clerk of court to make and keep an accurate record 27 of the proceedings in his court 28 and of what the court orders and adjudges. 29 In the performance of these duties the clerk acts ministerially 30 and under the exclusive jurisdiction and direction of the court, 31 and has no power to pass on or contest the validity of any act of the court which purports to have been done in the performance of its judicial function. 32 Where required by statute the clerk must make some record of the filing of a paper presented to him, 33 keep a current general index of recorded instruments, 34 and keep a trial 35 or special proceeding docket. 36 It is the clerk's duty to carefully preserve in his office papers filed with him and not to permit their withdrawal or removal, 37 except with leave of court. 38 A retiring clerk of court must turn over to his successor in office all records, books, and property of his office. 39 While it is recognized that a clerk of court may maintain mandamus proceedings to obtain from his predecessor in office books and papers in the latter's possession belonging to the office, 40 it has been held that mandamus will not lie against a private individual acquiring possession of the records sought to be recovered, though possession was obtained under a pretended claim to the office of clerk, where no de jure or de facto status was accorded to the claimant. 41 It is the ordinary duty of the clerk of a court of record to extend the records of the court from the processes and pleadings on file, and he cannot resort to extrinsic evidence for that purpose. 42 He has the right to regard as correct, the entries made and the processes issued by his predecessors, and if, from the inaccuracy of his predecessors, errors are found in the records as extended by the incumbent clerk, the fault is not his. 43 He has only the powers incident to his duties as custodian of the records, and consequently he has no authority to make alterations therein. 44 In fact, he cannot alter the record of his own acts, since the making of the record has exhausted his authority, and his only remaining powers are to keep and preserve the record safely. 45 It is the province of the court alone to correct clerical errors, to effect the restoration of papers which have been improperly altered or defaced, and to provide for the substitution of new ones when the originals are lost or stolen. 46 The clerk, as custodian of the records, is subject to the general rules governing custodians of public records with respect to the rights of abstracters and members of the public generally to inspect or copy. 47 Footnotes Footnote 27. State v Rockerfeller, 9 Ariz App 265, 451 P2d 623, cert den 396 US 920, 24 L Ed 2d 199, 90 S Ct 247; Long v Sphaler, 89 Fla 499, 105 So 101; Brelsford v Community High School Dist., 328 Ill 27, 159 NE 237; State v Furry, 252 Ind 486, 250 NE2d 590; Bush v Bush, 158 Kan 760, 150 P2d 168; McKay v Coolidge, 218 Mass 65, 105 NE 455; State ex rel. Caldwell v Cockrell, 280 Mo 269, 217 SW 524; People ex rel. Harris v Lindsay, 21 App Div 2d 102, 248 NYS2d 691, affd 15 NY2d 751, 257 NYS2d 176, 205 NE2d 312; State ex rel. Journal Co. v County Court for Racine County, 43 Wis 2d 297, 168 NW2d 836. The court will take judicial notice that the clerk of court is the legal custodian of the records in his office. Maroon v Immigration & Naturalization Service (CA8) 364 F2d 982, 2 ALR Fed 292. Footnote 28. State v Rockerfeller, 9 Ariz App 265, 451 P2d 623, cert den 396 US 920, 24 L Ed 2d 199, 90 S Ct 247; Robertson & Wilson Scale & Supply Co. v Richman, 212 Mich 334, 180 NW 470; State ex rel. Morris Bldg. & Inv. Co. v Brown, 228 Mo App 760, 72 SW2d 859; Foglio v Alvis (CP) 75 Ohio L Abs 228, 143 NE2d 641. Footnote 29. State v Rockerfeller, 9 Ariz App 265, 451 P2d 623, cert den 396 US 920, 24 L Ed 2d 199, 90 S Ct 247; Henderson v Freeman, 205 Ark 856, 17
Original Title
7 30 13 0204 RJC REV2011-001708 REV2012-01048, REV2012-000374 IFP MOTION DECLARATION Request for Hearing on Illegal Lockouts Incident to WCSO Burglaries a9
§ 24 Custody and care of records: It is the duty or function of a clerk of court to make and keep an accurate record 27 of the proceedings in his court 28 and of what the court orders and adjudges. 29 In the performance of these duties the clerk acts ministerially 30 and under the exclusive jurisdiction and direction of the court, 31 and has no power to pass on or contest the validity of any act of the court which purports to have been done in the performance of its judicial function. 32 Where required by statute the clerk must make some record of the filing of a paper presented to him, 33 keep a current general index of recorded instruments, 34 and keep a trial 35 or special proceeding docket. 36 It is the clerk's duty to carefully preserve in his office papers filed with him and not to permit their withdrawal or removal, 37 except with leave of court. 38 A retiring clerk of court must turn over to his successor in office all records, books, and property of his office. 39 While it is recognized that a clerk of court may maintain mandamus proceedings to obtain from his predecessor in office books and papers in the latter's possession belonging to the office, 40 it has been held that mandamus will not lie against a private individual acquiring possession of the records sought to be recovered, though possession was obtained under a pretended claim to the office of clerk, where no de jure or de facto status was accorded to the claimant. 41 It is the ordinary duty of the clerk of a court of record to extend the records of the court from the processes and pleadings on file, and he cannot resort to extrinsic evidence for that purpose. 42 He has the right to regard as correct, the entries made and the processes issued by his predecessors, and if, from the inaccuracy of his predecessors, errors are found in the records as extended by the incumbent clerk, the fault is not his. 43 He has only the powers incident to his duties as custodian of the records, and consequently he has no authority to make alterations therein. 44 In fact, he cannot alter the record of his own acts, since the making of the record has exhausted his authority, and his only remaining powers are to keep and preserve the record safely. 45 It is the province of the court alone to correct clerical errors, to effect the restoration of papers which have been improperly altered or defaced, and to provide for the substitution of new ones when the originals are lost or stolen. 46 The clerk, as custodian of the records, is subject to the general rules governing custodians of public records with respect to the rights of abstracters and members of the public generally to inspect or copy. 47 Footnotes Footnote 27. State v Rockerfeller, 9 Ariz App 265, 451 P2d 623, cert den 396 US 920, 24 L Ed 2d 199, 90 S Ct 247; Long v Sphaler, 89 Fla 499, 105 So 101; Brelsford v Community High School Dist., 328 Ill 27, 159 NE 237; State v Furry, 252 Ind 486, 250 NE2d 590; Bush v Bush, 158 Kan 760, 150 P2d 168; McKay v Coolidge, 218 Mass 65, 105 NE 455; State ex rel. Caldwell v Cockrell, 280 Mo 269, 217 SW 524; People ex rel. Harris v Lindsay, 21 App Div 2d 102, 248 NYS2d 691, affd 15 NY2d 751, 257 NYS2d 176, 205 NE2d 312; State ex rel. Journal Co. v County Court for Racine County, 43 Wis 2d 297, 168 NW2d 836. The court will take judicial notice that the clerk of court is the legal custodian of the records in his office. Maroon v Immigration & Naturalization Service (CA8) 364 F2d 982, 2 ALR Fed 292. Footnote 28. State v Rockerfeller, 9 Ariz App 265, 451 P2d 623, cert den 396 US 920, 24 L Ed 2d 199, 90 S Ct 247; Robertson & Wilson Scale & Supply Co. v Richman, 212 Mich 334, 180 NW 470; State ex rel. Morris Bldg. & Inv. Co. v Brown, 228 Mo App 760, 72 SW2d 859; Foglio v Alvis (CP) 75 Ohio L Abs 228, 143 NE2d 641. Footnote 29. State v Rockerfeller, 9 Ariz App 265, 451 P2d 623, cert den 396 US 920, 24 L Ed 2d 199, 90 S Ct 247; Henderson v Freeman, 205 Ark 856, 17
§ 24 Custody and care of records: It is the duty or function of a clerk of court to make and keep an accurate record 27 of the proceedings in his court 28 and of what the court orders and adjudges. 29 In the performance of these duties the clerk acts ministerially 30 and under the exclusive jurisdiction and direction of the court, 31 and has no power to pass on or contest the validity of any act of the court which purports to have been done in the performance of its judicial function. 32 Where required by statute the clerk must make some record of the filing of a paper presented to him, 33 keep a current general index of recorded instruments, 34 and keep a trial 35 or special proceeding docket. 36 It is the clerk's duty to carefully preserve in his office papers filed with him and not to permit their withdrawal or removal, 37 except with leave of court. 38 A retiring clerk of court must turn over to his successor in office all records, books, and property of his office. 39 While it is recognized that a clerk of court may maintain mandamus proceedings to obtain from his predecessor in office books and papers in the latter's possession belonging to the office, 40 it has been held that mandamus will not lie against a private individual acquiring possession of the records sought to be recovered, though possession was obtained under a pretended claim to the office of clerk, where no de jure or de facto status was accorded to the claimant. 41 It is the ordinary duty of the clerk of a court of record to extend the records of the court from the processes and pleadings on file, and he cannot resort to extrinsic evidence for that purpose. 42 He has the right to regard as correct, the entries made and the processes issued by his predecessors, and if, from the inaccuracy of his predecessors, errors are found in the records as extended by the incumbent clerk, the fault is not his. 43 He has only the powers incident to his duties as custodian of the records, and consequently he has no authority to make alterations therein. 44 In fact, he cannot alter the record of his own acts, since the making of the record has exhausted his authority, and his only remaining powers are to keep and preserve the record safely. 45 It is the province of the court alone to correct clerical errors, to effect the restoration of papers which have been improperly altered or defaced, and to provide for the substitution of new ones when the originals are lost or stolen. 46 The clerk, as custodian of the records, is subject to the general rules governing custodians of public records with respect to the rights of abstracters and members of the public generally to inspect or copy. 47 Footnotes Footnote 27. State v Rockerfeller, 9 Ariz App 265, 451 P2d 623, cert den 396 US 920, 24 L Ed 2d 199, 90 S Ct 247; Long v Sphaler, 89 Fla 499, 105 So 101; Brelsford v Community High School Dist., 328 Ill 27, 159 NE 237; State v Furry, 252 Ind 486, 250 NE2d 590; Bush v Bush, 158 Kan 760, 150 P2d 168; McKay v Coolidge, 218 Mass 65, 105 NE 455; State ex rel. Caldwell v Cockrell, 280 Mo 269, 217 SW 524; People ex rel. Harris v Lindsay, 21 App Div 2d 102, 248 NYS2d 691, affd 15 NY2d 751, 257 NYS2d 176, 205 NE2d 312; State ex rel. Journal Co. v County Court for Racine County, 43 Wis 2d 297, 168 NW2d 836. The court will take judicial notice that the clerk of court is the legal custodian of the records in his office. Maroon v Immigration & Naturalization Service (CA8) 364 F2d 982, 2 ALR Fed 292. Footnote 28. State v Rockerfeller, 9 Ariz App 265, 451 P2d 623, cert den 396 US 920, 24 L Ed 2d 199, 90 S Ct 247; Robertson & Wilson Scale & Supply Co. v Richman, 212 Mich 334, 180 NW 470; State ex rel. Morris Bldg. & Inv. Co. v Brown, 228 Mo App 760, 72 SW2d 859; Foglio v Alvis (CP) 75 Ohio L Abs 228, 143 NE2d 641. Footnote 29. State v Rockerfeller, 9 Ariz App 265, 451 P2d 623, cert den 396 US 920, 24 L Ed 2d 199, 90 S Ct 247; Henderson v Freeman, 205 Ark 856, 17
12 24 12 0204 Challenge for Cause and Disqualify Refaxed to Sbn With Corrected Caption Notice of Appearance and 11 15 12 61383 Chalenge for Cause and Motion to Recuse Echeverria and Kent Etc Reconsider Bifurc (2)