Jackson County Clerk
Donald "Duck" Moore
Background
Kentucky’s Constitution of 1850 was the first to mention the office of county court clerk, providing for a clerk’s election in each county for a term of four years. Section 99 of the current Constitution also requires the election of a county court clerk in each county for a term of four years.
Prior to the institution of the unified state court system, the county court clerk served as the clerk of the juvenile, county, and quarterly courts. With the replacement of these courts with the District Court, the clerk no longer has judicial duties, and the name of the office has been abbreviated to county clerk to more accurately reflect the nature of the office.
Qualifications
In order to qualify for the office of county clerk, a person must be 21 years of age,
a citizen of Kentucky, a resident of the state for two years, and a resident of the county in
which he or she is a candidate for one year preceding election. The candidate must also
procure from a judge of the court of appeals or from a judge of the Circuit Court a
certificate that he or she has been examined by the clerk of the court under the judge’s
supervision and is qualified for the office. Before assuming the
duties of office, the county clerk must take the oath of office prescribed by Section 228 of
the Constitution.
The duties of the county clerk fall into the general categories of clerical duties of the fiscal court: issuing and registering, recording and keeping various legal records, registering and purging voter rolls, and conducting election duties and tax duties.
Recording and Keeping Permanent Records of Legal Instruments
County clerks record a number of documents relating to real estate, liens, and use
of personal property as collateral. Every county clerk must record all presented deeds, real
estate mortgages, and powers of attorney that are properly certified or that are
acknowledged or proven as required by law . The county clerk records real
estate options; contracts for the sale of real property;
affidavits of descent; leases; and maps, surveys, and plats.
The clerk must keep an alphabetical cross-index of the deeds, mortgages,
and leases recorded. The clerk is required to record and index instruments
containing clauses of a mortgage under the name of the person causing it to be recorded.