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Elected Officials

Univ. of Missouri Extension (Audrain Co. office)

 
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Penny J. Creed
Democrat

Audrain County Courthouse
101 N. Jefferson St., Room 204
Mexico, Missouri 65265-2769
Phone: 573-473-5840
Fax: 573-581-3237

The Audrain County Circuit Clerk, Penny J. Creed (Democrat), was elected in 1998. Prior to her election she had worked in the Circuit Clerk's office for 6 years.

The Office of the Circuit Clerk has administrative control of Division I court records and files. Many civil and criminal cases are processed each year. Criminal cases are misdemeanor or felony cases, as well as any criminal case bound over from Division II, Associate Court. Civil cases are civil suits over $25,000, dissolutions, paternity cases, abuse cases, adoptions and juvenile matters. Jury trials are processed through the Clerk's office and passports are processed as well. The Family Support Payment center receives and disburses all child support payments; however, the Clerk's office still has the responsibility of initiating and maintaining all child support cases.

The Clerk's office presently employees three people excluding the Circuit Clerk. All clerks assist with filings, case processing and court attendance, as well as assisting the public or accepting payments of costs and fines.

There is no fee to file an ex parte for adult or child abuse protection orders, but costs may be assessed at the time of the hearing, usually to the respondent, and that person is billed after the hearing. Clerks may assist persons filing an ex parte but this is the only form a clerk is allowed to help prepare, as a clerk is not permitted to practice law or give legal advice. After a clerk has assisted the person seeking to file a petition for protection, the petition is submitted to a judge for determination as to whether they qualify for an order. Only judges make that determination.

Juvenile files are kept in the Clerk's office and Juvenile Court is held once each month, usually on the third Tuesday. Emergency situations may arise and are dealt with between judges, the juvenile office and the Clerk's office.

The Clerk's office provides signed and sealed subpoenas used in Division I cases, both criminal and civil, and processes mechanic lien filings, bankruptcies and foreign judgment cases. By local court rules, the office cannot do record searches for the public, but will assist anyone who wants to search the records. As a keeper of the records, the Clerk's office assists persons seeking records of ancestors and their descendants.

Clerks file misdemeanor cases transferred from the Associate Division and felony cases bound over for trial or those who request a jury trial from the Associate Division. Warrants are issued and writs are processed to bring those incarcerated to court either as witnesses or as a defendant. Files are also kept on all bonding agencies to ascertain their licenses are current for writing criminal bonds.

Court costs, including incarceration costs, and fines are collected and disbursed. Garnishments are collected and disbursed. All billing for both criminal and civil cases is done monthly, as well as month-end reports. Daily deposits are made utilizing area banks.

There is a cost of 25¢ per page for copying services and a certification cost of $1.50. Copies may be obtained from any case unless it has been sealed by the court, excluding juvenile or adoption matters. In the event a file is sealed, only the person that is a party to the case or their attorney may obtain a copy.

The Circuit Clerk is responsible for drawing jurors for the four terms each year. They are computer drawn from a list provided by the Missouri Department of Revenue, of citizens holding a current driver's license and/or voter's registration. Approximately 550 names are computer-drawn each term and jurors are called for a three month term. Jurors receive a questionnaire to complete and return, and then when their services are required they are again computer-drawn for a specific jury appearance. Notification of their selection to serve is by the Court Bailiff and they are summoned by postcards mailed to the residence as provided from the questionnaires.

The Office of the Circuit Clerk is the core of communication for all county agencies, attorneys and general public who need to receive information from Audrain County Division I court. Notification of court dates, times and cancellations are all handled in a timely manner. The processing of cases where defendants are sent to the Department of Corrections, their orders and reports, bonds, probation orders and costs to the state are all part of the duties of the Clerk's office.

Penny Creed is a county-elected officer but is paid by the state of Missouri and is paid according to the Missouri State Statutes. All employees in the Clerk's office are paid by the state of Missouri.