Skip to main content

Should a circuit clerk remove himself and his subordinates from filing a case in which the case is about the clerks wife?

Akron, CO |

If the circuit clerk has a conflict of interest, what clerks would file it?

+ Read More

Attorney answers 2


Mr. Lebowitz is correct. If a judge's clerk is related to the case, it is likely that the judge will recuse himself or herself from the case and it will be heard by a different judge. Absent that situation, the clerk's office does not exercise control over the case and shouldn't have an issue. If it turns out that the clerks office is doing something untoward (such as removing documents from the file or altering the record) such actions would rise far beyond a conflict of interest and it would be expected that the offending parties would lose their jobs.

You can reach Harkess & Salter LLC at (303) 531-5380 or Stephen Harkess is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.


Maybe Court Clerks have a different role in Colorado where they exercise more discretion, but typically a court or county clerk job is what is known as a "ministerial" position, where there is no discretion exercised, like getting a fishing license when you pay the fee, as long as you meet the objective written license requirements in the rules (residency, age, etc.).

If a Clerk is required to file any papers presented for filing if they are in the proper form and all required forms are submitted and the required fees are paid, there is no conflict with the Clerk filing a case against or for his wife. I would imagine the Clerk is not filing the papers him or herself, but on behalf of an attorney or party.

So, I don't see any conflict of interest.

This answer is provided under the “Terms and Conditions of Use” (“ToU”), particularly ¶9 which states that any information provided is not intended as legal advice or to create an attorney-client relationship between you and me or any other attorney. Such information is intended for general informational purposes only and should be used only as a starting point for addressing your legal issues. In particular, my answers and those of others are not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely solely upon Legal Information you obtain from this website or other resources which may be linked to an answer for informational purposes. You understand that questions and answers or other postings to the Site are not confidential and are not subject to attorney-client privilege. The full Avvo ToU are set forth at . In addition, while similar legal principles often apply in many states, I am only licensed to practice in the State of New York and Federal Courts. Any general information I provide about non-New York laws should be checked with an attorney licensed to practice in your State. Lastly, New York State Court rules (22 NYCRR Part 1200, Rule 7.1) also require me to inform you that my answers and attorney profile posted on the site may be considered "attorney advertising" and that "prior results do not guarantee a similar outcome".

Jack Richard Lebowitz

Jack Richard Lebowitz


p.s. Is a "circuit clerk" a "law clerk", that is, confidential advisor to a Judge or Court who is a lawyer who assists a judge in deciding a case by researching the law and writing proposed decisions or opinions? If so, that is probably a confidential and discretionary job and there may be a conflict.

Lawsuits and disputes topics

Recommended articles about Lawsuits and disputes

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer