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If the clerk, head clerk or not, is issuing improper subpoenas
and is not properly carrying out the duties of their job under UT Court rules Rule 3-302. Clerk of the Court.
To describe the role of the Clerk of the Court.
To specify the procedure by which the Clerk of the Court is selected.
This rule shall apply to the trial courts of record.
Statement of the Rule:
(1) The Clerk of the district and juvenile courts shall be appointed by the court executive with the concurrence of a majority of the judges assigned to that court location. In locations of the district court administered by contract with the administrative office of the courts, the elected county clerk shall serve as Clerk of the Court.
(2) The Clerk of the Court shall:
(A) take charge of and safely keep the court seal;
(B) take charge of and safely keep or dispose of, according to law, all books, papers and records filed or deposited in the Clerk's Office;
(C) issue all notices, process and summonses where authorized by law;
(D) keep a record of all orders, judgments and decrees as required by law and this Code;
(E) keep minutes of court proceedings;
(F) keep a fee record as provided in this Code;
(G) keep records of jurors' services as provided in this Code;
(H) keep records of witnesses' attendance as provided in this Code;
(I) keep a record of executions as provided in this Code;
(J) take and certify acknowledgments and administer oaths;
(K) keep a record of fines, penalties, costs, and forfeitures as required by law and this Code;
(L) prepare revenue reports, reconcile accounting ledgers to bank statements, maintain and serve as custodian of trust accounts and perform such other accounting duties as assigned by the court executive;
(M) keep a record of court exhibits and ensure the safekeeping of exhibits;
(N) supervise such deputy clerks as required to perform the duties specified in this rule; (O) keep such other records and perform such other duties as assigned by the court executive in accordance with applicable law and the provisions of this Code
Thus, you need to start by filing a complaint with the court's executive officer and the head judge of the court with copies of the improper subpoenas she has issued. Second, if she improperly performed her duties willfully with malice, which you could most likely show based on the bad relationship with her daughter, you can sue her and the clerk's office proving that there was gross negligence or misconduct
and violation of your right to due process and privacy in the issuance of those subpoenas that were not properly authorized.
Unfortunately, the terms of this site forbid us from taking any clients from this site for representation
, so you would have to use a local attorney to represent you and you can locate a local civil rights
attorney at the same sites used by other attorneys, http://www.martindale.com or http://www.lexmundi.com or http://www.hg.org
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