The Clerk of Court in Louisiana fulfills a dual function. Under the Constitution of Louisiana, he is the Clerk of the District Court for his parish and at the same time is the Ex-Officio Recorder of deeds, mortgages and other instruments. In addition, he is also the Chief Election Officer of the Parish.
In its function as recorder, the office receives files and enters on a daily register all mortgages and other instruments to be recorded in the Public Records of the Parish. These instruments are then routed and assigned for recordation in the appropriate record books maintained for the different categories to which they relate.
Conveyance Records contain the records of all exchanges, partitions, judgments recognizing heirs, and other instruments, the effect of which is to transfer real property or interest and rights therein. Oil and gas leases, mineral sales, royalty deeds, rights of way for pipelines, roadways, telephone and electric transmission lines are included in the class of instruments recorded in the Conveyance Records. Used in conjunction with the Conveyance Records are Plat Records, which are the maps of all original subdivisions laid out by developers of city, suburban and rural properties.
It is through the Conveyance and Plat records that the title to all real estate situated within the Parish is traced to determine its present ownership and status. In East Baton Rouge Parish, these records go back to the year 1811. The oldest records were all handwritten and many of them are beautiful examples of penmanship. As office equipment began to appear, these records were typewritten and these newer records have been microfilmed and reproduced by the electrostatic process.
The Mortgage records contain all mortgages, judgments, liens and other encumbrances affecting real estate. Cancellation of these instruments is effected either by a marginal notation made on the record or by a recorded cancellation when proper evidence of payment or satisfaction thereof is presented and filed. In the case of a mortgage given to secure the payment of a promissory note or notes, the note or notes themselves must be presented and filed. The note is identified with the mortgage which secures it by the paraph of the same Notary before whom the mortgage was executed, and the loss or destruction of such note presents a serious problem in effecting cancellation of this mortgage.
The issuance of Mortgage Certificates is another of the many functions of this office. A Mortgage Certificate reflects the name of the owner of the property, or any previous owners, and the encumbrances that would affect the particular piece of property being searched. In most instances the lending institution, or purchaser, as the case may be, requires a Mortgage Certificate before distributing funds.
The Uniform Commercial Code allows the Clerk's office to work with the Secretary of State to handle filings of Security Interest (Mortgages) placed on movable property by consent of the owner. This allows more conformity between the states.
There are numerous other records maintained in the office, such as Bond Records, Corporation Charters, Partnerships, Certificates of Trade names and other miscellaneous instruments. Each recorded instrument must be indexed and cross indexed for ready reference.
All original instruments filed in the office must be retained in perpetuity in the office and after recording are not returned to the parties, as is done in most other states. Therefore, it is necessary for the Clerk's office to make available certified copies to the public. The Copy Department is one of the primary areas in the office that provides this service.
The Clerk's Office receives and files all pleadings such as petitions, answers and exceptions in Civil, Family, Probate, Juvenile and Adoption matters as well as Indictments, Bills of Information and other filings in Criminal matters. It is the gate through which all proceedings must pass to reach the Court of trial. Each lawsuit, succession proceeding and criminal matter is entered on a docket, assigned a number and indexed for ready reference. The office issues all process, such as citation or notice of the defendants, for service by the Sheriff and subpoenas all witnesses to be used on the trial of Civil, Family and Probate. Daily minutes of the Court are kept in which is entered a brief summary of all proceedings had in each matter.
Civil/Probate, Criminal, and Family Departments serve to organize and house all of the information of their various cases. All the pleadings, petitions, answers, exceptions, motions and judgments filed in each case are recorded by microfilming and placed in jackets for easy and ready use by the public.
The Domestic Violence Department has been created by the Clerk of Court's office to assist victims of violent domestic abuse in obtaining a Temporary Restraining Order. The department works with the District Attorney's Office and the Family Court system of East Baton Rouge Parish. The department staff is well-trained to offer effective and confidential assistance.
The Public Service department is a multi-functional center that is the first department of its nature introduced in a Clerk of Court's office in Louisiana. The department greets the public and helps customers obtain information that they request. A research center located in the department houses most of the information on hand and some microfilm is available in many instances. Employees can also quickly guide customers to other departments that they might need to visit for additional information. Another function of the department is the issuance of marriage licenses and recording the returns thereof after the celebration of the marriage ceremony.
Other services available in the Public Service department include the issuance of passport applications, pro tho notarial certificates, conveyance certificates, certified copies of military discharges, registration of clergymen and municipal address information.
In addition to being Chief Election Officer of the Parish, the Clerk is also the Parish Custodian of Voting machines. Other duties require the Clerk of Court to notify all Commissioners and Deputy Parish Custodians of their duties and responsibilities on election day. After an election, he is required by law to open each voting machine used in an election, record the number of votes, reseal the machines and report the totals to the Board of election Supervisors.
The use of microfilm has been authorized by the Legislature as a means of recording ever-increasing volume of records which can create housing and storage problems after many years. Therefore, we are constantly engaged in the project of microfilming all records, not only as a security measure, but for the convenience of availability for public viewing. In addition to cameras used to film suit information in various other departments, the Microfilm Department operates several cameras and processes, duplicates and distributes all of the microfilm generated by the Clerk's office. The department also houses and maintains a large, temperature-controlled vault in which original and master copies of each reel of film are permanently stored.
The office's computer is a Wang system which has automated the retrieval of information concerning conveyances, mortgages, civil, family and probate suits, marriage licenses, chattel mortgages, election results and criminal suits.
In 1993, the office was proud to introduce an on-line service, which allows personal computer users to access various data from the Clerk's system. The system has proven very useful and popular with subscribers as round-the-clock computer linkage and interaction continues to be an increasingly prevalent tool of the present and future.
The Archives Department of the Clerk's office houses and maintains the oldest records on hand at the office, some ranging back to the early 1800s. The Archives contents represent one of the largest collections of historical data in the South. Records in their original form which fall out of current status are transferred from their various departments for permanent storage in Archives. The cut-off dates vary and are determined by the original departments.
No tax money is provided for the operation of the office except for residence, utilities and some modifications. The fees collected for recordings, certified copies and services rendered in connection with civil, family/probate and criminal proceedings are established by statute. All salaries and expenses of the office are paid out of the fees. This makes the Clerk of Court's office almost entirely self-supporting.