AGO 2004-04.

• Case Date: April 29, 2004
• Court: Indiana

Indiana Attorney General Opinions 2004. AGO 2004-04. April 29, 2004OFFICIAL OPINION 2004-4The Honorable Kathy RichardsonIndiana House of Representatives Third Floor, State House Indianapolis, Indiana 46204 Re: Official DutiesDear Representative Richardson: This letter is in response to your request for an opinion regarding the following question: Pursuant to Title 31, article 11 of the Indiana Code, individuals must obtain a marriage license from the clerk of the circuit court in the county of residence of either of the individuals seeking the license. What are the requirements of a clerk of court in the performance of this duty and what may result if a clerk of court knowingly disregards state law regarding the issuance of marriage licenses? ANALYSIS Pursuant to Article 6, section 2 of the Indiana Constitution, each county elects a clerk of the circuit court.1 While the office was created by the Constitution, the duties and authority of the clerk are prescribed by statute.2 A constitutional officer may have his or her duties increased or diminished by statute, but the officer "has only such power as is enumerated within the four corners of the statutory enactment defining his duties, and he has no residual common law rights or powers."3 STATE OF INDIANA OFFICE OF THE ATTORNEY GENERAL INDIANA GOVERNMENT CENTER SOUTH, FIFTH FLOOR 302 W. WASHINGTON STREET · INDIANAPOLIS, IN 46204-2770 STEVE CARTER ATTORNEY GENERAL TELEPHONE (317) 232-6201 1 "There shall be elected, in each county by the voters thereof, at the time of holding general elections, a Clerk of the Circuit Court, Auditor, Recorder, Treasurer, Sheriff, Coroner and Surveyor, who shall severally, hold their offices for four years; and no person shall be eligible to the office of Clerk, Auditor, Record, Treasurer, Sheriff, or Coroner more than eight years in any period of twelve years." IND. CONST. art. VI, 2. 2 State v. Market, 302 N.E.2d. 528, 533-34 (Ind. App. 1973). Clerks of the circuit court derive their power solely from statute and may exercise only those powers delegated by the legislature.4 As a public officer, the clerk's execution of statutory duties is an exercise of the sovereign power of the state.5 The clerk of the circuit court takes an oath to faithfully support the Constitutions of the United States and the State of Indiana and to faithfully discharge the...