Chapter 483 Clerks of Courts of Record and Court Records

483.660 - Records of probate courts transferred.

Steven Groce, Attorney Advertisement

All records belonging to a probate court on January 1, 1979, shall on January 2, 1979, become records of the circuit court; provided, however, said records shall remain under the general administrative and supervisory control of the judge of the probate division who shall be responsible for storing and safekeeping said records.The circuit clerk and the division clerk of the probate division of the circuit court are authorized to issue certified copies of such probate court records, and all courts of this state shall recognize such certified copies as if made by a clerk of the original court.

(L. 1978 H.B. 1634)

Effective 1-02-79

483.083 - Circuit clerks, compensation.

1.Each circuit clerk shall annually receive as compensation the following amounts as base salary:

(1)In counties of the first classification, thirty-six thousand one hundred forty-five dollars; except those counties where court is held in two cities, in which instance an additional four thousand dollars shall be added to the base salary;

(2)In all counties of the second or fourth classification, thirty-one thousand nine hundred seventy-eight dollars; except those counties where court is held in two cities, thirty-five thousand five hundred forty-nine dollars;

(3)In the counties of the third classification, twenty-seven thousand two hundred eighteen dollars except those counties where court is held in two cities; thirty thousand three hundred eight dollars; except Marion County circuit clerks, district one and district two in Hannibal, thirty-one thousand three hundred eighty-three dollars;

(4)In the city of St. Louis, sixty-seven thousand three hundred sixty dollars;

(5)The compensation of circuit clerks provided by this subsection shall annually be increased by an amount equivalent to the annual salary adjustment approved pursuant to section 476.405 for employees of the judicial department.

2.Such circuit clerks shall receive in addition to any salary provided by this section any salary adjustment provided pursuant to section 476.405.

3.In the event the judge orders child support payments in Marion County to be made through the clerk, the clerk shall annually, on or before February first of each year, charge ten dollars per year to each such person so obligated to make child support payments, which fee shall be paid to the state.

4.Payment of the compensation provided in this section shall be payable in equal monthly installments, except that the salary of the circuit clerk of the city of St. Louis shall be paid in semimonthly installments and except that all such compensation paid by the state shall be paid in installments as provided in section 33.100.The compensation of all circuit clerks shall be paid by the state and they shall be considered state employees for all purposes except the manner of their selection, appointment or removal from office; except that, the circuit clerk of the city of St. Louis, the circuit clerk of St. Louis County and the court administrator of Jackson County shall continue to be paid by the city and those counties and shall not become state employees, but the city of St. Louis, St. Louis County and Jackson County shall each be paid an amount which is equivalent to a circuit clerk's salary as provided in subsection 3 of section 483.015.

5.The compensation provided in this section shall be in lieu of all fees, and all fees collected shall be paid over to the state or to the counties and the city of St. Louis as otherwise provided by law.

(L. 1978 H.B. 1121 & 1257, H.B. 1634, A.L. 1980 H.B. 1266, A.L. 1982 S.B. 497, A.L. 1983 S.B. 250, A.L. 1984 S.B. 581, A.L. 1987 S.B. 65, et al., A.L. 1989 S.B. 315, A.L. 1993 H.B. 571, A.L. 1995 H.B. 274 & 268)

Revisor's note: Salary adjustment index is printed, as required by § 476.405, in Appendix D.

483.060 - Allowances, how paid.

All such allowances made to the clerks of the supreme court and the districts of the Missouri court of appeals shall be paid by the state, and those made to circuit and division clerks by the proper county except as otherwise provided by law.Allowances for clerks serving municipal divisions of the circuit court shall be paid by the municipality served by the clerk.

(RSMo 1939 § 13292, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 11673; 1919 § 2119; 1909 § 2682

Effective 1-02-79

483.160 - Clerks of courts to deliver reports to successors.

1.Hereafter it shall be the duty of all court clerks to keep in their offices a catalogue of all reports belonging to their respective offices, and they shall deliver or account to their successors in office for all such reports.

2.And upon failure to so deliver the same, the prosecuting attorney of the proper city or county or the attorney general shall institute a suit, to the use of the state, against said clerk, or on the bond of said clerk, and in case of recovery in said suit, recovery shall be three times the value of said reports that said clerk shall have failed to deliver.

(RSMo 1939 § 2098, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 1936; 1919 § 2434; 1909 § 3954

Effective 1-02-79

483.360 - Clerk to file judgments at Lewis County seat.

It shall be the duty of the circuit clerk, on or before the adjournment of any term of said court, to make and certify under the seal of said court an abstract of any judgment or decree rendered therein, and all liens and notices of same filed therein (within twenty-four hours after the filing of such liens and notices) and file and record the same in a book to be kept for that purpose in his office at the county seat of said county, for which he shall receive a fee of one dollar, to be taxed as costs in the case; said abstract shall contain the names of all the parties, plaintiffs and defendants, the amount of such judgment or nature of such decree, against whom and in favor of whom rendered, and the date thereof.

(L. 1897 p. 60 § 9)

483.260 - Clerk to employ attorney (St. Louis City).

The clerk of the circuit court of the city of St. Louis may employ an attorney or attorneys to aid and advise him in the discharge of his duties, to render independent legal advice and services and to represent him in court.The attorneys employed by the clerk shall receive in the aggregate as compensation for their services twenty-five thousand dollars per annum, payable out of the state treasury in installments as certified by the circuit clerk.

(L. 1945 p. 746 § 4, A.L. 1959 S.B. 164, A.L. 1978 H.B. 1634, A.L. 1980 H.B. 1266, A.L. 1987 S.B. 65, et al.)

(1986) The small amount of pay allowed by this section indicates that it is intended as an allowance for extraordinary legal needs, not day-to-day staff attorneys.Bauer v. Bosley, 802 F.2d 1058 (8th Cir.).

483.135 - Clerk to bunch, label, and index papers.

Whenever, in the opinion of any court of record, or the judge or judges thereof in vacation, it shall be necessary for the papers in cases remaining on file in the office of the clerk of such court to be bunched and encased in suitable envelopes or wrappers, labeled and reindexed, such court, or the judge or judges thereof in vacation, may order the clerk of said court to perform such service.

(RSMo 1939 § 13298, A.L. 1945 p. 662 § 13297)

Prior revisions: 1929 § 11679; 1919 § 2123; 1909 § 2686

483.235 - Liable on bond for acts of his deputies.

The clerk of the supreme court shall be liable on his official bond for the acts of his deputies in the discharge of their duties as such.

(RSMo 1939 § 13280, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 11661; 1919 § 2107; 1909 § 2670

Effective 1-02-79

483.535 - Fees for naturalization.

The clerks of courts in this state authorized by law to grant naturalization papers shall charge and collect court costs in such amounts as are determined pursuant to sections 488.010 to 488.020*.

(RSMo 1939 § 13410, A.L. 1996 S.B. 869)

Prior revisions: 1929 § 11788; 1919 § 10997; 1909 § 10700

Effective 7-01-97

*Words "section 514.015" appear in original rolls, which was changed to effectuate the court cost bill.

483.225 - Office, where kept.

Notwithstanding any other provisions of law or provisions of supreme court rules, the clerk of the supreme court shall keep his office in the supreme court building at Jefferson City and other personnel which the supreme court is authorized to appoint pursuant to section 477.005 may keep their offices in the supreme court building.

(RSMo 1939 § 13272, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 11653; 1919 § 2099; 1909 § 2664

Effective 1-02-79

483.670 - Records of magistrate courts transferred.

All records belonging to a magistrate court on January 1, 1979, shall on January 2, 1979, become records of the circuit court.The circuit clerk and division clerks who have immediate control of such records are authorized to issue certified copies of such magistrate court records, and all courts of this state shall recognize such certified copies as if made by a clerk of the original court.

(L. 1978 H.B. 1634)

Effective 1-02-79

483.170 - Duty of court when clerk is charged with misdemeanor in office — notice — temporary clerk during suspension.

1.When any court shall believe from its own knowledge or from information secured from others given to the court under oath or affirmation, that the clerk of the court has committed some act or acts constituting a misdemeanor in office, the court shall give notice thereof, stating the charge or charges against such clerk, to the attorney general of the state or the prosecuting attorney of the county, requiring him to prosecute the same; and such court may by order of record suspend such clerk from office until a trial upon such charge or charges can be had.

2.Pending such suspension, the court shall appoint some person possessing the qualifications required for the regular clerks of such court to act and perform the duties of the clerk of said court.Before entering upon the duties of his office such temporary clerk shall take and subscribe an oath or affirmation and give bond as required for clerks of said courts.Such temporary clerk shall possess the same powers and perform the same duties as provided for clerks of the court to which they are appointed, and shall continue in office until the regular clerk of such court shall resume his office, or his successor shall be duly elected and qualified, as the case may be.

3.Provided, however, that when the court shall prefer charges against the clerk of any court as herein provided the said clerk shall remain in possession of and continue to perform the duties of this office by giving bond to the state with at least two solvent sureties, the amount of said bond to be fixed and the bond to be approved by the chief or presiding judge of the court, conditioned that said clerk and his sureties shall pay all costs, damages and fines which may be assessed against him upon his trial; and if said clerk shall fail to furnish said bond within fifteen days after receiving notice to do so, his suspension shall become fully effective and he shall surrender up his said office to the temporary clerk.

(RSMo 1939 § 13301, A.L. 1945 p. 663, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 11682; 1919 § 2126; 1909 § 2689

Effective 1-02-79

483.070 - May remove records, when.

In case of danger from an invading enemy any clerk may remove the records, papers and other things appertaining to his office to some secure place until the danger is removed.

(RSMo 1939 § 13294)

Prior revisions: 1929 § 11675; 1919 § 2121; 1909 § 2684

483.270 - Certain abstract of judgments to be continued (St. Louis City).

The clerk of said circuit court shall keep in his office the abstract of judgments kept by the clerk of the St. Louis land court prior to January 1, 1866 in pursuance of "the act to establish a land court in St.Louis county, and for other purposes", approved December 12, 1855 (RSMo 1855 p. 1592), and shall enter therein all judgments rendered by said circuit court, and shall perform all other duties in relation to said abstract which shall have theretofore been performed by or incumbent upon the clerk of said land court.

(RSMo 1939 § 2227, A. 1949 S.B. 1145)

Prior revisions: 1929 § 2125; 1919 § 2628; 1909 § 4161

483.205 - Additional proceedings by indictment.

In addition to the mode herein provided, any clerk may, for any misdemeanor in office, be removed and otherwise punished by indictment in the circuit court.

(RSMo 1939 § 13308)

Prior revisions: 1929 § 11689; 1919 § 2133; 1909 § 2696

483.505 - Account of fees — supreme court.

The clerk of the supreme court shall keep a true and accurate account of all fees earned in such clerk's office.

(RSMo 1939 § 13275, A.L. 1982 S.B. 497, A.L. 1996 S.B. 869)

Prior revisions:1929 § 11656; 1919 § 2102; 1909 § 2666

Effective 7-01-97

483.450 - Residence and office hours of clerk.

The clerk of district number 2 of the circuit court of Marion County shall reside in said city of Hannibal, and shall keep his office open at all reasonable hours.

(RSMo 1939 § 2424, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 14552; 1919 § 13730; 1909 § 4279

Effective 1-02-79

483.550 - Clerks to charge, collect court costs, when.

1.Each circuit clerk, or person fulfilling the duties of the circuit clerk pursuant to this chapter, however denominated, shall charge, collect, and be the responsible clerk for every court cost accruing to such clerk's office to which such clerk may be entitled under the law, except that the circuit clerk shall not be accountable or responsible for or under a duty to collect the following court costs:

(1)Court costs in a case pending in the probate division of the circuit court;

(2)Court costs in a case while it pends in a municipal division of the circuit court, in municipalities electing or required to have violations of municipal ordinances tried before a municipal judge pursuant to section 479.020, or to employ judicial personnel pursuant to section 479.060;

(3)Court costs in a case which was originally filed and pends before an associate circuit judge; provided, however, that such exception with respect to cases filed and pending before an associate circuit judge shall not apply (a) in the city of St. Louis and (b) when by local circuit court rule it is provided that cases which are to be heard by associate circuit judges shall be centrally filed and final judgments therein maintained in an office which is operated and staffed by the circuit clerk and such clerk's deputies.

2.Each chief division clerk for the probate division of the circuit court shall charge and collect every court cost accruing to the probate division of the circuit court to which it may be entitled under the law.

3.In divisions presided over by associate circuit judges for which the circuit clerk is not responsible for collecting court costs as hereinabove provided, the associate circuit judge shall designate by order entered of record a division clerk who shall be responsible for the collection of all court costs with respect to cases in the division; or if there be a centralized filing and docketing system for two or more divisions presided over by an associate circuit judge, then a division clerk or clerks shall be designated in accordance with the provisions of local circuit court rule by an order which shall be entered of record, and if there be no such rule adopted, then a majority of the associate circuit judges being served shall designate a division clerk or clerks who shall be responsible for the collection of all court costs with respect to cases in the divisions served by the centralized filing and docketing system.

4.Notwithstanding the provisions of subsections 1, 2 and 3 of this section, by vote of all judges, circuit and associate circuit, of a circuit court, en banc, the circuit court may adopt a system by local circuit rule whereby the circuit clerks within the circuit shall have administrative control over and be responsible for the charging and collection of all court costs accruing to the court other than court costs in a case while it pends in the municipal divisions of the circuit court, in municipalities electing or required to have violations of municipal ordinances tried before a municipal judge pursuant to section 479.020, or to employ judicial personnel pursuant to section 479.060. The chief division clerk for the probate divisions of the circuit court may be designated by the local circuit rule to charge and collect every court cost accruing to the probate divisions of the circuit court to which it may be entitled under the law, under the supervision of the circuit clerk.

5.The responsible clerks shall make periodic reports of delinquent court costs which are due at such times and in such form as may be required by the state courts administrator.

6.It shall be the duty of each prosecuting attorney when such be referred to such prosecuting attorney by the responsible clerk to reasonably attempt to collect such delinquent court costs.In the case of delinquent court costs which are payable to the state, it shall be the duty of each prosecuting attorney, and the attorney general when such be referred to the attorney general by the state courts administrator to reasonably attempt to collect such delinquent court costs.

(L. 1978 H.B. 1634, A.L. 1985 H.B. 320, A.L. 1996 S.B. 869, A.L. 2004 S.B. 1211)

483.650 - Records transferred to clerk (Cape Girardeau County).

On January 2, 1979, all records of the Cape Girardeau court of common pleas shall be transferred to the circuit clerk of Cape Girardeau County.The records shall be kept and preserved by that clerk as a permanent part of the records of the circuit court of Cape Girardeau County.The said clerk is authorized to issue certified copies of these records and his certificate of them shall have the same effect as if certified by a clerk of the original court.

(L. 1978 H.B. 1634)

Effective 1-02-79

483.150 - Clerks to keep account of fines.

The clerks of the several courts of record shall keep a true account of all fines, penalties, forfeitures and judgments imposed, adjudged or rendered in favor of the state or any county by their respective courts, distinguishing those payable to the state from those payable to the county, and shall keep the same open for the inspection of the judges of the respective courts and the county treasurer.

(RSMo 1939 § 11222)

Prior revisions: 1929 § 9991; 1919 § 12981; 1909 § 11533

483.050 - If surety of clerk is insufficient, new bond required.

If, at any time, any court shall be satisfied that any surety of the clerk of said court is deceased or insolvent, or otherwise insufficient, or in danger of becoming insufficient, or that the penalty of the bond of the clerk is not sufficiently large, it shall cause the clerk to enter into a new bond with sufficient security, which shall be deposited in the office of the secretary of state.If any clerk shall fail to give such bond within thirty days after he is required by the court, his office shall be vacated and a successor appointed.

(RSMo 1939 § 13289, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 11670; 1919 § 2116; 1909 § 2679

Effective 1-02-79

483.640 - Records transferred to clerk (Marion County).

On January 2, 1979, all records of the Hannibal court of common pleas shall be transferred to the clerk of district number 2 of the circuit court of Marion County.These records shall be kept and preserved by that clerk as a permanent part of the records of district number 2 of the circuit court of Marion County.The said clerk is authorized to issue certified copies of these records and his certificate of them shall have the same effect as if certified by a clerk of the original court.

(L. 1978 H.B. 1634)

Effective 1-02-79

483.240 - Circuit clerks, duties and responsibilities — exceptions.

1.Each circuit clerk shall have administrative control over, and be responsible for, the safekeeping of the records of the circuit court of each county or of the city of St. Louis, except for the following:

(1)Records in probate divisions;

(2)Records in cases while they are pending in divisions presided over by an associate circuit judge; provided, however, this subdivision (2) shall not apply to cases pending before associate circuit judges in the circuit court of the city of St. Louis;

(3)Records in cases while they are pending in the municipal divisions; and

(4)Records of the traffic violation bureaus.

2.Associate circuit judges and judges of the probate divisions who are authorized to appoint division clerks shall have administrative control over the division clerks they appoint and the records of their divisions.With respect to divisions which are staffed by division clerks rather than by the circuit clerk or deputy circuit clerks, the judge appointing the division clerks for that division shall designate a chief division clerk who shall be primarily responsible for the safekeeping of the records of that division.

(L. 1978 H.B. 1634)

Effective 1-02-79

483.015 - Election — term of office — commission exceptions, Jackson County court administrator to be clerk, St. Louis County circuit clerk, how selected — circuit clerk of sixth, seventh, and twenty-second judicial circuits, how selected.

1.At the general election in the year 1982, and every four years thereafter, except as herein provided and except as otherwise provided by law, circuit clerks shall be elected by the qualified voters of each county, who shall be commissioned by the governor, and shall enter upon the discharge of their duties on the first day in January next ensuing their election, and shall hold their offices for the term of four years, and until their successors shall be duly elected and qualified, unless sooner removed from office.

2.The court administrator for Jackson County provided by the charter of Jackson County shall be selected as provided in the county charter and shall exercise all of the powers and duties of the circuit clerk of Jackson County.The director of judicial administration and the circuit clerk of St. Louis County shall be selected as provided in the charter of St. Louis County.

3.When provision is made in a county charter for the appointment of a court administrator to perform the duties of a circuit clerk or for the appointment of a circuit clerk, such provisions shall prevail over the provisions of this chapter providing for a circuit clerk to be elected.The persons appointed to fill any such appointive positions shall be paid by the counties as provided by the county charter or ordinance; provided, however, that if provision is now or hereafter made by law for the salaries of circuit clerks to be paid by the state, the state shall pay over to the county a sum which is equivalent to the salary that would be payable by law by the state to an elected circuit clerk in such county if such charter provision was not in effect.The sum shall be paid in semimonthly or monthly installments, as designated by the commissioner of administration.

4.The circuit clerk in the sixth judicial circuit and in the seventh judicial circuit shall be appointed by a majority of the circuit judges and associate circuit judges of the circuit court, en banc.The circuit clerk in those circuits shall be removable for cause by a majority of the circuit judges and associate circuit judges of such circuit, en banc, in accordance with supreme court administrative rules governing court personnel.This subsection shall become effective on January 1, 2004, and the elected circuit clerks in those circuits in office at that time shall continue to hold such office for the remainder of their elected terms as if they had been appointed pursuant to the terms of this subsection.

5.The circuit clerk in the twenty-second judicial circuit shall be appointed by a majority of the circuit judges and associate circuit judges of the circuit court, en banc.The circuit clerk in such circuit shall be removable for cause by a majority of the circuit judges and associate circuit judges of such circuit, en banc, in accordance with supreme court administrative rules governing court personnel.The elected circuit clerk in such circuit in office on August 28, 2012, shall continue to hold such office for the remainder of his or her elected term.

(RSMo 1939 § 13283, A. 1949 S.B. 1145, A.L. 1973 S.B. 263, A.L. 1978 H.B. 1634, A.L. 1980 H.B. 1266, A.L. 2003 S.B. 186, A.L. 2012 S.B. 628 merged with S.B. 636)

Prior revisions: 1929 § 11664; 1919 § 2110; 1909 § 2673

483.445 - District No. 2 clerk, qualifications — election (Marion County).

There shall be a clerk of district number 2 of the circuit court of Marion County, who shall possess the qualifications of other clerks of the circuit courts, who shall be elected by the qualified voters of the townships of Mason and Miller in Marion County, at the same times, in the same manner and for the same time as shall be provided by law for the clerks of the circuit courts and who shall continue in office until his successor is elected and qualified.The clerk of district number 2 of the circuit court of Marion County shall have all of the rights, powers and duties of circuit clerk within Mason and Miller townships in Marion County and shall be paid as a circuit clerk except to the extent specifically otherwise provided.All vacancies in his office shall be supplied in the same manner as in like cases in the office of the circuit clerk.The clerk provided by this section shall be in addition to the circuit clerk of Marion County.The circuit clerk of Marion County shall serve district number 1 of the circuit court of Marion County, and shall serve as the ex officio recorder of deeds for all of Marion County.

(RSMo 1939 § 2423, A. 1949 S.B. 1145, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 14551; 1919 § 13729; 1909 § 4278

Effective 1-02-79

483.241 - Other clerks, duties.

1.Deputy circuit clerks shall constitute the clerical staff of the circuit clerk to perform those duties for which the circuit clerk has general administrative control.

2.Division clerks shall constitute the clerical staff of the circuit court to perform the recordkeeping functions of the circuit court for which the circuit clerk does not have general administrative control, except with respect to records in cases while they pend in municipal divisions or in a traffic violations bureau maintained by a municipality.Division clerks shall be under the administrative control of the judge who appoints them.

3.Municipal clerks shall constitute the clerical staff of the circuit court to perform the recordkeeping functions in the municipal divisions.

4.Municipal clerks shall perform the clerical functions in the traffic violation bureaus in those municipalities which have a municipal judge or judges.Clerical personnel of the municipality shall perform the clerical functions of the traffic violation bureaus in those municipalities which have no municipal judges.

(L. 1978 H.B. 1634)

Effective 1-02-79

483.245 - Deputy circuit clerks, appointment, removal, assignment of duties — compensation, how determined and paid.

1.The provisions of this section shall become effective on July 1, 1981.

2.The circuit clerk, or person exercising the authority of the circuit clerk pursuant to county charter, shall appoint all deputy circuit clerks, including deputy circuit clerks serving in courtrooms, and shall prescribe and assign the duties of such deputy circuit clerks.The circuit clerk may remove from office any deputy circuit clerk whom he appoints.All division clerks, as defined in section 483.241, shall be appointed by the judge of the division such clerks serve, and such judge may remove from office any division clerk whom he appoints.

3.Notwithstanding the provisions of subsection 2 of this section, if, on June 30, 1981, in any county or in the city of St. Louis, there exists by reason of local charter, a plan of merit selection and retention or other similar personnel plan, providing for selection, tenure or retention of deputy circuit clerks or division clerks, after July 1, 1981, as to clerical personnel who were, on June 30, 1981, under such a plan, the provisions for merit retention and tenure shall continue to apply as to such persons insofar as is reasonably possible even though they are paid by the state and become state employees, and the circuit court en banc shall be considered as the commission or board for determining the propriety of any disciplinary or dismissal action.

4.In addition to the authority to remove deputy circuit clerks and division clerks hereinabove provided, the circuit court en banc may remove from office a deputy circuit clerk or division clerk for cause.

5.The maximum number of deputy circuit clerks for each county and the maximum number of division clerks for a particular division shall be determined by order of the circuit court en banc.Such order may be modified for cause by order of the supreme court, or if no order is entered providing for the number of deputy circuit clerks and division clerks, the supreme court may enter such order.

6.The salaries of deputy circuit clerks and division clerks shall be established by the circuit clerk in the case of deputy circuit clerks, or the judge appointing the division clerk in the case of division clerks, within salary ranges and classifications which may from time to time be established by administrative rule of the supreme court within the limit of funds appropriated for this purpose.The salaries of deputy circuit clerks and division clerks shall be paid by the state, and they shall be state employees.

7.Notwithstanding the other provisions of this section providing for the establishment of the number of deputy circuit clerks and division clerks serving the various circuit courts and the determination of their salaries, such determinations shall not be construed as mandating appropriations to fund such positions, and the payment of the salaries and emoluments of deputy circuit clerks and division clerks shall be subject to the availability of moneys appropriated for those purposes by the general assembly or federal grant moneys.

8.For purposes of this section, the circuit court en banc shall be deemed to include all circuit and associate circuit judges of the entire circuit, and determinations or orders of the circuit court en banc shall be by action of a majority of such judges in office.

(L. 1978 H.B. 1634, A.L. 1979 S.B. 165)

Effective 7-01-81

483.145 - Court to reconstruct records, when.

In the event that a case file or record is lost or destroyed, it may be reconstructed under the supervision of the court.

(RSMo 1939 § 2006, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 1842; 1919 § 2339; 1909 § 3861

Effective 1-02-79

483.210 - Clerk's successor to receive all records of office.

If any clerk die, resign or be removed, he or his executors or administrators shall deliver all records, books, papers, files, seals and other things belonging to his office to his successor as soon as appointed, who shall take charge of the same.

(RSMo 1939 § 13309)

Prior revisions: 1929 § 11690; 1919 § 2134; 1909 § 2697

483.310 - Investment of funds in registry — income, how used — clerk defined — collection of moneys, procedure.

1.Whenever any funds other than court costs collected and disbursed pursuant to subsection 2 of section 488.012 are paid into the registry of any circuit court and the court determines, upon its own finding or after application by one of the parties, that such funds can be reasonably expected to remain on deposit for a period sufficient to provide income through investment, the court may make an order directing the clerk to deposit such funds as are described in the order in savings deposits in banks, savings and loan associations, credit unions, or in United States treasury bills and invest funds only in investments permitted by the state treasurer in Article IV, Section 15 of the Missouri Constitution.Deposits of such funds in any bank or savings and loan association shall not exceed the limits of the federal deposit insurance on accounts in such institution.Additional deposits in excess of FDIC, FSLIC and NCUSIF shall be secured by government securities or in accordance with the state treasurer's investment requirements in Article IV, Section 15 of the Missouri Constitution.All such accounts shall be in the name of the "Clerk of the ______ Court as Trustee in ______ (Style and Cause Number)", the exact name to be prescribed in the court's order.The court may prescribe a bond or other guarantee for the security of the fund.Necessary costs, including reasonable costs for administering the investment, may be paid from the income received from the investment of the trust fund.The net income so derived shall be added to and become a part of the principal.

2.In the absence of such an application by one of the parties within sixty days from the payment of such funds into the registry of the court, the clerk of the court may invest funds placed in the registry of the court in savings deposits in banks, credit unions or savings and loan associations carrying federal deposit insurance to the extent of the insurance or in United States treasury bills and invest funds only in investments permitted the state treasurer in Article IV, Section 15 of the Missouri Constitution and the income derived therefrom may be used by the clerk for paying the premiums on bonds of employees of the clerk, rent on safety deposit boxes, subscriptions on publications available pursuant to section 477.235, books and publications of the Missouri Bar and books and other publications and materials published by the state of Missouri, printing of pamphlets or booklets of the rules adopted by the court or clerk and forms used in the court which comply with the statutes of the state of Missouri and the rules of the supreme court, copies of which shall be distributed to litigants and members of the bar practicing in the court, and other expenditures of the circuit clerk's office, and the balance, if any, shall be paid into the general revenue fund of the county, except that when provision is made in a county charter for the appointment of a court administrator to perform the duties of a circuit clerk or for the appointment of a circuit clerk by the court, such income may also be used for any expenditures of the court other than expenditures for travel or entertainment.If any application for the investment of such funds is filed by one of the parties after sixty days, an order may be entered providing for investment of funds as provided in subsection 1 of this section, and the clerk shall thereupon reinvest such funds within a reasonable time thereafter in accordance with the order.

3.As used in this section and section 483.312, the term "clerk" shall mean the circuit clerk with respect to funds in those cases for which the circuit clerk is responsible for collecting court costs as provided in section 483.550 and shall also mean those clerks who are designated by or pursuant to section 483.550 to collect court costs with respect to funds in those cases for which they are so made responsible for collecting court costs.

4.If a clerk is charged by a court with collecting any moneys which are not court costs as defined by sections 488.010 to 488.020, the clerk may use any of the procedures provided by sections 488.010 to 488.020 to collect such funds, if not paid as ordered by the court.

5.The clerk may deposit funds in depository institutions and invest funds only in investments permitted by the state treasurer in Article IV, Section 15 of the Missouri Constitution.

(L. 1947 V. I p. 428 § 1, A.L. 1971 S.B. 136, A.L. 1977 H.B. 180, A.L. 1978 H.B. 1634, A.L. 1982 S.B. 497, A.L. 1985 S.B. 388, A.L. 1987 S.B. 65, et al., A.L. 1989 H.B. 792, A.L. 1996 S.B. 869, A.L. 1999 S.B. 386)

(2006) Award to circuit court clerk of interest on liability insurance proceeds, in absence of timely application for investment of funds, does not constitute state action and thus is not a taking without just compensation.Grinnell Mutual Reinsurance Co. v. Walters, 194 S.W.3d 830 (Mo.banc).

483.010 - Qualifications of a clerk.

No person shall be appointed or elected clerk of any court, unless he be a citizen of the United States, above the age of twenty-one years, and shall have resided within the state one whole year, and within the geographical area over which the court has jurisdiction or, in the case of circuit clerks, within the county from which elected, three months before the appointment or election; and every clerk shall, after his appointment or election, reside in the geographical area over which the court he serves has jurisdiction or, in the case of circuit clerks, in the county for which he is clerk.

(RSMo 1939 § 13269, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 11650; 1919 § 2096; 1909 § 2661

Effective 1-02-79

483.510 - Account of fees — court of appeals.

The clerk of each of the districts of the court of appeals shall keep a true and accurate account of all fees earned in such clerk's office.

(RSMo 1939 § 13276, A.L. 1973 S.B. 263, A.L. 1982 S.B. 497, A.L. 1996 S.B. 869)

Prior revisions: 1929 § 11657; 1919 § 2103

Effective 7-01-97

483.200 - If clerk acquitted, reinstatement — costs.

If any such clerk shall be acquitted, he shall be reinstated in his office, and the state shall pay the cost.

(RSMo 1939 § 13307, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 11688; 1919 § 2132; 1909 § 2695

Effective 1-02-79

483.500 - Fees of the clerks of the supreme court and court of appeals — collection.

1.An appellant or plaintiff in error shall pay court costs in an amount determined pursuant to sections 488.010 to 488.020; provided, that nothing herein shall be construed to apply to proceedings when costs are waived or are to be paid by the state, county or municipality.

2.The clerk of the court in which the notice of appeal is initially filed shall collect and disburse court costs determined pursuant to this section in the manner provided by sections 488.010 to 488.020, and such court costs shall be payable to the director of revenue for deposit to the general revenue fund.

(RSMo 1939 § 13406, A.L. 1972 S.B. 496, A.L. 1973 S.B. 263, A.L. 1982 S.B. 497, A.L. 1996 S.B. 869, A.L. 2001 S.B. 267)

Prior revisions: 1929 § 11784; 1919 § 10993; 1909 § 10697

483.355 - Circuit clerk of Lewis County — duties.

The circuit clerk of Lewis County shall attend the circuit court at Canton in person, or by deputy, and perform such duties in respect to said court as is or may be required of the clerks of the circuit courts of this state, for which he shall receive the same fees as are now or may be provided by law for similar services in like courts of record.He shall procure and keep a seal to be used as the seal of said court.He shall keep an office in said town of Canton to be provided by the board of trustees of said town, and shall put the same in charge of a deputy, for whose acts he shall be responsible, and who shall have the same care and management of all books and papers pertaining to said court, and exercise the powers and perform all the duties of his office in the absence of his principal.

(L. 1897 p. 60 § 6, A. 1949 S.B. 1145)

483.055 - Office supplies — duties relating to.

Each clerk shall preserve the seal and other property belonging to his office, and shall provide and preserve suitable books, stationery and furniture for his office, and keep a correct account thereof; and each court shall audit such accounts, and allow such as shall be reasonable; but no article charged on any such account shall be allowed unless it properly comes within the description of those expressly named, except for fuel furnished for such office, for which the court shall make a reasonable allowance.

(RSMo 1939 § 13291)

Prior revisions: 1929 § 11672; 1919 § 2118; 1909 § 2681

483.020 - Vacancy, how filled.

When any vacancy shall occur in the office of any circuit clerk so elected, by death, resignation, removal, refusal to act or otherwise, it shall be the duty of the governor in the case of an elected clerk to fill such vacancy by appointing some eligible person to said office, who shall discharge the duties thereof until the next general election, at which time a clerk shall be chosen for the remainder of the term, who shall hold his office until his successor is duly elected and qualified, unless sooner removed.

(RSMo 1939 § 13284, A. 1949 S.B. 1145, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 11665; 1919 § 2111; 1909 § 2674

Effective 1-02-79

483.420 - Circuit clerk, office (Cape Girardeau County).

The circuit clerk of Cape Girardeau County may maintain and staff offices at the courthouses in Jackson and Cape Girardeau.

(L. 1978 H.B. 1634, A.L. 2011 H.B. 340)

483.175 - Duty of attorney general or prosecuting attorney — notice.

Whenever the attorney general or prosecuting attorney shall be required to prosecute charges against any clerk, he shall make out each charge in due form, and cause a copy thereof to be served on him, together with a notice requiring him to appear before the court, on some day in term time, to be specified in such notice, and answer the said charges.

(RSMo 1939 § 13302)

Prior revisions: 1929 § 11683; 1919 § 2127; 1909 § 2690

483.075 - Duties of clerk — when county clerk replaces circuit clerk, exception.

1.Every clerk shall record the judgments, rules, orders and other proceedings of the court; issue and attest all process when required by law and affix the seal of his office thereto, or if none be provided, then his private seal; keep a perfect account of all moneys coming into his hands on account of costs or otherwise, and punctually pay over the same.

2.Provided, that where the clerk of the circuit court is a party, plaintiff or defendant, whether singly or jointly with others, to a suit or action, the writ of summons and all other process shall be issued by the clerk of the county commission, the reason therefor being noted on said process, and said latter named clerk shall, on the trial of said cause, act as temporary clerk of the circuit court and otherwise perform in said cause all the duties of the circuit court clerk.This subsection shall not apply where the clerk of the circuit court is named as a party under sections 610.130 to 610.145 or other sections relating to the expungement of criminal records.

(RSMo 1939 § 13295, A.L. 1978 H.B. 1634, A.L. 2018 S.B. 871)

Prior revisions: 1929 § 11676; 1919 § 2122; 1909 § 2685

483.086 - Clerk to serve as secretary to court en banc (St. Louis City).

In any city not within a county the circuit clerk shall serve as secretary to the court en banc.The circuit clerk shall attend all sittings of the court en banc at which the presiding judge presides, and keep the minutes of such proceedings.At the circuit clerk's direction, a deputy circuit clerk may perform the duties of the secretary of the court en banc.

(L. 1987 S.B. 65, et al. § 8)

483.082 - Court records, how kept.

1.Notwithstanding the provision of any other statute to the contrary, it shall be the duty of the clerks of all courts to keep such records of the courts and in such a manner as may be directed by rule of the supreme court so that they shall accurately record all essential matters relating to the causes and matters within the jurisdiction of the court which are and have been pending before the court, including pleadings, motions and related documents, transactions, orders and judgments or decrees related thereto showing the course and disposition of causes and matters, the taxing and collection of court costs, and the setting of trial calendars or dockets of pending cases.

2.Recognizing that improved methods and systems of keeping records and data have been and will continue to be developed from time to time and that all court clerks should be empowered to utilize improved methods, systems and techniques of keeping records of essential matters, and notwithstanding the provisions of any other statute to the contrary, the methods, form and systems of keeping all such files and records shall be as directed and approved by rule of the supreme court.

(L. 1973 S.B. 71, A.L. 1978 H.B. 1634)

Effective 1-02-79

483.065 - Office and records, where kept.

Each clerk shall keep his office at such places as the court shall direct, and shall there keep the records, papers, seal and property belonging to his office and transact his official business; except that, each clerk may store closed court files and the records and papers pertinent thereto at any secure place within the county wherein the court is held, if adequate provisions are made for the examination and use of same.

(RSMo 1939 § 13293, A.L. 1971 S.B. 136, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 11674; 1919 § 2120; 1909 § 2683

Effective 1-02-79

483.165 - Nonfeasance or misfeasance, misdemeanor.

If any clerk shall knowingly and willfully do any act contrary to the duties of his office, or shall knowingly and willfully fail to perform any act or duty required of him by law, he shall be deemed guilty of a misdemeanor in office.

(RSMo 1939 § 13300)

Prior revisions: 1929 § 11681; 1919 § 2125; 1909 § 2688

483.130 - Courts to direct filing of papers.

Subject to other provisions of law, the provisions of supreme court rule and the supervisory jurisdiction of the supreme court, the courts, respectively, shall, by rule, direct the pleadings and other papers to be filed in such form and in such places as the court shall determine to best serve the citizenry, and shall direct their clerks in making up the rolls of the judgments rendered.

(RSMo 1939 § 2003, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 1839; 1919 § 2336, 1909 § 3858

Effective 1-02-79

483.630 - Records transferred to circuit clerk — certificate of clerk effective, how (St. Louis City).

On January 2, 1979, all records of the St. Louis court of criminal correction and those records in the possession of the clerk for criminal causes shall be transferred to the circuit clerk of the city of St.Louis.These records shall be kept and preserved by that clerk as a permanent part of the records of the circuit court of the city of St. Louis.The circuit clerk is authorized to issue certified copies of any of these records and his certificate of them shall have the same effect as if certified by a clerk of the original court.

(L. 1978 H.B. 1634)

Effective 1-02-79

483.530 - Fees, clerk's duties.

The clerk who is responsible for collecting fees pursuant to the provisions of section 483.550 shall charge and collect the court costs in such amounts as are determined pursuant to sections 488.010 to 488.020*.

(L. 1978 H.B. 1634, A.L. 1982 S.B. 497, A.L. 1996 S.B. 869)

Effective 7-01-97

*Words "section 514.015" appear in original rolls, which was changed to effectuate the court cost bill.

483.390 - Papers may be recorded in office of clerk of circuit court — fee charged.

1.In all civil actions any party interested therein may, upon payment of the fees, have any or all of the following papers recorded in the office of the clerk of the circuit court in the county in which such action is brought: Petitions, summons, affidavit for publication of notice to nonresident or unknown defendants, sheriff's, or other officer's, return of service to summons, proof of publication of notices to nonresident or unknown defendants, answers, motions, notices of sale of property involved and proof of its publication, return of sale by any sheriff, commissioner, or other officer, in case of sale of real estate, affidavit of commissioner, notice to parties by commissioner in partition, and any other paper or pleading tending to show the service on the defendants for their appearance in such case.

2.The clerk of the circuit court shall charge the sum of ten cents per one hundred words for the recording of papers as provided in this section, which sum shall be paid into the county treasury.

(RSMo 1939 § 13296, A.L. 1945 p. 662)

Prior revision: 1929 § 11677

483.190 - Trial by the court or a jury.

A jury may be summoned to try the truth of the charges, if they are denied, or the whole matter may be submitted to the court for its determination.

(RSMo 1939 § 13305)

Prior revisions: 1929 § 11686; 1919 § 2130; 1909 § 2693

483.088 - Circuit clerks to report to state auditor annually all fees collected.

Each circuit clerk shall prepare a summary of all amounts collected pursuant to section 57.955 during the preceding calendar year and shall annually, by July first of the succeeding year, send a copy of such summary to the state auditor.

(L. 1984 S.B. 581 § 1, A.L. 1989 S.B. 315)

Effective 6-30-89

483.080 - Deputies, their duties.

Every clerk may appoint such number of deputies or assistants as may be authorized to be appointed under procedures provided by law who shall be at least seventeen years of age and have all other qualifications of their principals and take the like oath, and may in the name of their principals perform the duties of clerk; but all clerks and their sureties shall be responsible for the conduct of their deputies or assistants.

(RSMo 1939 § 13299, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 11680; 1919 § 2124; 1909 § 2687

Effective 1-02-79

483.180 - Notice and copy of charges to be delivered — witnesses summoned.

Such notice and a copy of the charges shall be delivered to such clerk thirty days at least before the day so appointed, and the attorney general or prosecuting attorney shall file such charges in the office of the clerk of the circuit court in the county where the clerk's office is located, and shall cause witnesses to be summoned to support the same, and shall prosecute such charges with all convenient speed.

(RSMo 1939 § 13303, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 11684; 1919 § 2128; 1909 § 2691

Effective 1-02-79

483.163 - Circuit clerk to cooperate in nonsupport investigations; additional compensation, exception.

1.Each circuit clerk, except the circuit clerk in any city not within a county, shall cooperate with the prosecuting attorney and family support division in the investigation and documentation of possible criminal nonsupport pursuant to section 568.040.

2.Other provisions of law to the contrary notwithstanding, for the performance of the duties prescribed in subsection 1 of this section, each circuit clerk, except the circuit clerk in any city not within a county, in addition to any other compensation provided by law, shall receive five thousand dollars per year beginning January 1, 1997.Such compensation shall be payable in equal installments in the same manner and at the same time as other compensation is paid to the circuit clerk.

3.For every year beginning July 1, 1998, the amount of increased compensation established in subsection 2 of this section shall be adjusted by any salary adjustment authorized pursuant to section 476.405.

(L. 1996 S.B. 719, A.L. 1999 S.B. 291, A.L. 2014 H.B. 1299 Revision)

483.580 - Fees, probate proceedings, guardianships.

1.In all probate proceedings in the probate divisions of the different circuit courts in this state, there shall be charged against and collected from the estates or parties requiring the services of the probate division of the circuit court, court costs in such amounts as are determined pursuant to sections 488.010 to 488.020*.

2.Except as provided in section 483.550, the court costs provided in this section shall be charged and collected by the clerk of the probate division of the circuit court.

(RSMo 1939 § 13404, A.L. 1945 p. 1516, A.L. 1947 V. II p. 356, A.L. 1961 p. 327, A.L. 1973 S.B. 112, A.L. 1978 H.B. 1634, A.L. 1981 S.B. 22 & 119 & 23, A.L. 1982 S.B. 497, A.L. 1983 S.B. 44 & 45, A.L. 1985 S.B. 35, et al., A.L. 1996 S.B. 869)

Prior revisions: 1929 § 11782; 1919 § 10991; 1909 § 10695

Effective 7-01-97

*Words "section 514.015" appear in original rolls, which was changed to effectuate the court cost bill.

483.480 - Probate clerk, oath — itemized fee bill.

1.Every probate clerk, when appointed, shall take the oath required of other clerks of courts of record.

2.Every clerk of probate, upon request, shall deliver to any person making payment of fees an itemized account of each charge, with date the charge was made, under appropriate headings with the number of the section of the statute authorizing the charge.

(RSMo 1939 § 2440, A.L. 1955 p. 385 § 235)

Prior revisions: 1929 § 2049; 1919 § 2545; 1909 § 4059

CROSS REFERENCE:

Powers of clerk, 472.070

483.680 - Records of municipal courts transferred, when, how.

1.All records belonging to a municipal court on January 1, 1979, shall on January 2, 1979, become records of the circuit court in which such municipality or major geographical area thereof shall be located.Physical custody of such records shall not, however, be transferred to the circuit clerk or to a division clerk of the circuit court except as hereinafter provided, but rather physical custody of such records shall be maintained by the municipality.Physical custody of such records shall be transferred to the circuit court in the following situations:

(1)When a municipality makes provision for a municipal judge of the circuit court to serve such municipality beginning on January 2, 1979, the records in cases which are pending on January 1, 1979, shall be placed in the custody of the municipal clerk serving the municipal judge;

(2)When a municipality does not make provision for a municipal judge of the circuit court to serve such municipality beginning on January 2, 1979, the records in cases which are pending on January 1, 1979, shall be placed in the custody of the circuit clerk or the division clerk serving the associate circuit judge to whom such cases are assigned;

(3)When the records of a case or cases are ordered transferred pursuant to local circuit court rule.

2.If physical custody of such records which belonged to a municipal court on January 1, 1979, is not transferred or ordered to be transferred as provided in subdivision (1), (2) or (3) of subsection 1 of this section by January 1, 1982, such records shall cease to be records of the circuit court, shall be considered thereafter as records of the particular municipality, and may or may not be disposed of as determined by the municipality.

3.If physical custody of such records is transferred as provided in subdivision (1), (2) or (3) of subsection 1 of this section, the clerk having custody of such records is authorized to issue certified copies of such municipal court records as well as copies of later municipal ordinance violation cases in his possession, and all courts of this state shall recognize such certified copies as if made by a clerk of the original court.

(L. 1978 H.B. 1634)

Effective 1-02-79

483.312 - Security required for deposit of funds in circuit court registry.

1.Whenever any funds subject to section 483.310 placed in the registry of the circuit court in any county, and in cities now having or which hereafter have six hundred thousand inhabitants or more, are deposited in a banking institution, the funds in excess of the amount, if any, of federal deposit insurance carried by said banking institution under the law as it now exists or as it may be hereafter amended, shall be secured by the depositary by the deposit of securities of the character prescribed by section 30.270 for the security of funds deposited by the state treasurer under the provisions of section 30.240.

2.The securities shall have a constant value equal to the excess of the deposit over the federal deposit insurance, if any, and at the option of the depositary banking institution, be delivered to the clerk, or be deposited with such disinterested banking institution or safe depositary as trustee as may be satisfactory to both parties to the depositary agreement.

3.The rights and duties of the several parties to the depositary contract shall be the same as those of the state and the depositary banking institution respectively under section 30.270. If a depositary banking institution deposits the bonds or securities with a trustee as above provided, and the clerk gives notice in writing to the trustee that there has been a breach of the depositary contract and makes demand in writing on the trustee for the securities, or any part thereof, then the trustee shall forthwith surrender to the clerk a sufficient amount of the securities as may fully protect the depositor from loss and the trustee shall thereby be discharged of all further responsibility in respect to the securities so surrendered.

(L. 1957 p. 362 § 1, A.L. 1959 S.B. 28, A.L. 1978 H.B. 1634, A.L. 1996 S.B. 869)

Effective 7-01-97

*483.140 - Judge to superintend keeping of records.

It shall be the special duty of every judge of a court of record to examine into and superintend the manner in which the rolls and records of the court are made up and kept; to prescribe orders that will procure uniformity, regularity and accuracy in the transaction of the business of the court; to require that the records and files be properly maintained and entries be made at the proper times as required by law or supreme court rule, and that the duties of the clerks be performed according to law and supreme court rule; and if any clerk fail to comply with the law, the court shall proceed against him as for a misdemeanor.The provisions of this section shall not be construed to permit the adoption of any local court rule that grants a judge the discretion to remove or direct the removal of any pleading, file, or communication from a court file or record without notification to the parties and providing the parties an opportunity to respond.

(RSMo 1939 § 2004, A.L. 1978 H.B. 1634, A.L. 2014 H.B. 1665 & 1335)

Prior revisions: 1929 § 1840; 1919 § 2337; 1909 § 3859

*This section was amended by H.B. 1231 and H.B. 1665 & 1335, 2014. Due to possible conflict, two versions of this section are printed.

483.617 - Fees not to be charged against counties or St. Louis City, when.

Notwithstanding the provisions of sections 483.530, 483.550, 483.610, 483.615, 550.030, 550.040 and 550.090 and any other provisions of law, if any criminal case be dismissed after August 13, 1978, no fees shall be chargeable against the counties or the city of St. Louis upon such dismissal.

(L. 1978 H.B. 1634)

483.246 - Municipal clerks, selection, tenure, compensation — limitation on compensation.

The selection, tenure and compensation of municipal clerks shall be as provided by the municipality involved; provided, however, that the compensation of municipal clerks shall not be predicated upon the amount of fines levied or the number of guilty pleas or adjudications of guilt in causes processed through the municipal divisions or the traffic violations bureaus which they serve.

(L. 1978 H.B. 1634)

Effective 1-02-79

483.537 - Passports, accounting for fees charged, use of moneys collected.

The clerk of any state court who, by deputy or otherwise, takes or processes applications for passports or their renewal shall account for the fees charged for such service and for the expenditure of such fee in an annual report made to the presiding judge and the office of the state courts administrator.Such fees shall be used only for the maintenance of the courthouse or to fund operations of the circuit court.

(L. 2004 S.B. 1211, A.L. 2005 S.B. 210 merged with S.B. 420 & 344)

483.195 - Clerk found guilty, removed and fined.

If any clerk against whom charges shall be exhibited as aforesaid shall be found guilty thereof, he shall be removed from his office, and be fined at the discretion of the court in any sum not exceeding one thousand dollars to the use of the state; and he shall pay all the costs of the proceedings.