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Early History of the Clerk of Court
Jefferson Parish was created in
February, 1825. From then until 1845, the parish judge performed the clerk
of court's recording
duties. This changed in 1840 when an office for a separate register of mortgages
was created for Jefferson Parish. The register of mortgages was appointed by
the governor to two-year terms. When this office was created, all books,
records, and papers related to recorded mortgages were surrendered by the
parish judge to this new official. The parish judge retained the conveyance
recording duties. Until 1845, the parish judge issued
marriage licenses. Since then, the clerk of the district court has performed that
duty.
The Constitution of 1845 made no
provision for a parish judge. Thus, the register of mortgages office was renamed
Recorder of Mortgages, and a separate Recorder office was created for conveyance
records. This official was known only as recorder. The officials who headed
these offices were elected to four year terms. In 1855, the Recorder of
Mortgages office was abolished, and all of its duties were assumed by the
recorder of conveyances.
Legislation which established
the district court empowered the district judge to appoint a clerk of
the district court for each parish in his district. Until 1846, Jefferson parish
was included in the 1st Judicial District Court, where sessions of
court were held only in New Orleans. A clerk served the court. Since 1846,
when sessions of district court began being held in Jefferson Parish, a clerk of
the district court has been elected by the voters of Jefferson Parish to four
year terms.
Until 1868, the district judge
was authorized to fill vacancies of both the clerk of district court and of the
recorder by appointment, with a special election to be held shortly thereafter.
After 1868, the governor had the power to fill vacancies in the recorder’s
office until a special election could occur. Advise and consent of the Louisiana
Senate was needed to confirm a gubernatorial appointment of the clerk of court.
It was in 1879 that the clerk of
the district court was declared the ex-officio recorder of conveyances,
mortgages, and other notarial acts. The clerk of court became an
ex-officio notary public, as well. Since then, the Louisiana
Constitution has been rewritten several times, most recently in 1973.
Jefferson Parish has been part of several judicial districts, which
have been reorganized and reapportioned. Today, Jefferson Parish is the only
parish within the 24th Judicial District. The clerk of court
still performs the mortgage and conveyance and marriage license recording
duties. The clerk is also the Parish's chief elections officer and jury
manager, and he serves as clerk of the Jefferson Parish Juvenile Court, the 1st
Parish Court of Jefferson Parish, and the 2nd Parish Court of Jefferson
Parish. All of these duties were added by legislation enacted before and
after the 1973 Constitutional Convention.
Source:
Inventory of the Parish Archives
of Louisiana: #26: Jefferson Parish
by
the Works Progress Administration, 1939
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