Utah Department of Administrative Services

Division of Archives & Records Service

CACHE COUNTY (UTAH). CLERK

Agency History #128

CREATION

The office of Cache County Clerk, a member of the county court, was created by the Utah Territorial Government in 1856 as the counties primary record keeper with the mission to ensure the proper care, handling, and filing of county records. The county clerk was known originally as clerk of the county court in 1852 (O.S.D., 1852, p. 174-75). Following statehood in 1896 the name was officially changed to county clerk.

FUNCTIONS

The Cache County Clerk, as the accountant and bookkeeper of the county, is required to keep an official record of every business transaction and to carefully file all papers, books, and records which pertain to public affairs. The clerk also has a number of responsibilities in the conduct of elections and the organization of political parties in Utah, recording marks and brands, documenting the process of taxation, reporting on county finances, maintaining a bounty record, recording naturalizations, execution of legal transactions in regard to county property and, since 1887, has maintained marriage records. The clerk has also acted as clerk or secretary to the county commission (1477) and the district court (273, 1686) at various times.

As clerk of the county court the clerk had the requirements to take an oath of office, file a bond with the supreme court, affix his seal to all papers, keep a record of all proceedings, issue processes, and deliver appeal transcripts (O.S.D., 1850, p. 21, sec 25). Further duties were added in 1851 when the clerk was required to settle with the county road commissioner, the assessor, and collector, report fiscal affairs of the county, receive claims against the county (O.S.D., 1851 p. 19 sec. 4), prepare election notices (ibid., p. 24, sec. 2), and perform various other election duties (O.S.D., 1850, p. 9-11, sec. 6-20).

The territorial legislature required the clerk of the county court to keep a record of marks and brands (L. of U., 1852, p. 85, sec. 6), count election votes with the selectmen or probate judge (L. of U., 1851-70, p. 90, sec 7), fill out tax levies and deliver them to the assessor and collector, and to make an annual report to the county treasurer (L. of U., 1854, p. 9, sec. 10).

The clerk's duties as probate court clerk ended when the granting of statehood in 1896 dissolved the probate court. Following statehood the title of the office was changed to county clerk with the clerk designated as clerk to the board of county commissioners with duties to record complete minutes of board meetings, file reports, and list all claims allowed and report the same to the county treasurer (L. of U., 1896, chap. 131, sec. 16). In 1933 the county clerk's role was expanded to ex-officio clerk of the district court along with clerk to the board of county commissioners (Rev. Stat., 1933, 19-5-14 and Rev. Stat., 1933, 19-17-1; 0 Const. Art. 8, sec. 14).

District court duties included keeping the seal of the court, issuing of notices and entering a synopsis of all orders, judgments, and decrees. These duties were expanded in 1943 to include the keeping of a fee book, register of criminal actions, record of naturalizations and declarations of intention, book of jurors' certificates, witness book, record of attendance of all jurors and witnesses, execution book, judgment book, judgment docket, administration of oaths, register of probate and guardianship proceedings, and probate record books (Utah Code Annotated, 1943 Chapter 17, 19- 17-2).

As clerk of the board of county commissioners the clerk was required to keep a bounty record (ibid., 1933, 19-17-1), a record of marks and brands (ibid., 3-5-98), record of incorporations until 1961 (ibid., 18-2-9), a fee book for all monies received (ibid., 19-17-4), register of marriages (ibid., 58-2-2), send marriage statistics to the State Board of Health (ibid., 35-2-2), execute under seal all deeds and conveyances of real estate for the county, take acknowledgments and administer oaths, keep the seal of the county clerk (ibid., 19-17-4), and file all official bonds of county officials, except his own (ibid., 19-13-11).

Other duties as clerk include the keeping of all proceedings of the board with full entries of all resolutions, record the vote of each member on any case in which there is a division, preparation of certified list of all claims allowed, filing of all reports and petitions to board members, authentication with seal of all ordinances and proceedings, recording of all orders levying taxes.

Election duties of the county clerk include the keeping of minutes of all election proceedings, notification of all election officers of their appointments (ibid., 25-2-23), filing of certificate of nomination (ibid., 25-4-3), preparing and delivering of ballots and poll books (ibid., 25-6-8), and acting as ex-officio clerk of the board of county canvassers (ibid., 25-7-2), in which capacity the clerk is required to record the results of elections (ibid., 25-7-5); deliver election certificates to winning candidates (ibid., 25-7-7); make certified abstracts of canvassers' records (ibid., 25-7-8); and transmit them to the secretary of state (ibid., 25-10-20). The clerk is also required to submit a report to the secretary of state of the election of and appointment of county officers. The report must include the elected officials name, county of residence, name of office elected to, and expiration of term (Utah Code Annotated, 1943, 19-17-5).

In 1988 the county clerk's duties as district court clerk were revoked and simplified with duties simply stated as follows: "The county clerk is clerk of the governing body of the county." This description applies to all clerks except for those in secondary counties where clerks also act as clerk to the district court in the state district court administrative system (Laws of Utah, 1988, 17- 20-1).

ADMINISTRATION

Initially county clerks were appointed by the county court (123) as clerk of the county court . In 1888, the office of the county court was made elective for a term of two years with the clerk acting as ex-officio clerk of the probate court (L.Of U., 1888, chap. 51, sec. 1, Art. 2). Following statehood in 1896 the title of the office was changed to county clerk . The County Clerk is allowed the appointment of deputies and must maintain offices at the county seat and keep their offices open for the transaction of business from 9 a. m. to 5 p.m.

ORGANIZATIONAL HISTORY

In Cache County the Clerk is an elected official. Among numerous duties this official acts as clerk to the County Commissioners who are responsible for "all county affairs in general and the supervision of all county officers and departments" (State and Local Government in Utah 1962, p. 178).

COMPILED BY: Kenneth R. Williams, August 24, 1995

SOURCES

Allen, James B. The Evolution of County Boundaries in Utah. Salt Lake City, Utah: Utah State Historical Society, October 1955.

Morris, Bent C. Utah Profile, 1991-1992. Orem, Utah: American Heritage Publications, 1991.

Thomas, George. Utah State Government and Twenty-Seven Federal Agencies. Salt Lake City: Deseret News Press, 1944.

Utah. Archives. Court history documents summaries and history. Compiled by Douglas S. Beckstead, circa 1988.

Utah. Historical Records Survey. Inventory of the County Archives of Utah, 30 vols., no. 29, Weber County.

Utah. Legislature. Laws of Utah. [Series #83155]

Utah. Legislature. Utah Code Annotated. [Series #83238]

Utah. Legislature. Compiled Laws of Utah. [Series #83238]

Utah. Legislature. Utah Code Unannotated. [Series #1052]

Utah. Territorial Legislature. Ordinances of the State of Deseret 1850-1851.

Utah Constitution.

Utah Foundation. State and Local Government in Utah. Salt Lake City: Utah Foundation, 1979.