(1) (a) The position of clerk of the county court is established in counties of Classes A, B, C, and D, except as otherwise provided in this section and in section 13-3-107.
(b) In counties of Class A, the appointment of the clerk shall be made and his salary fixed as prescribed in the charter and ordinances of such county.
(c) In counties of Classes B, C, and D, the appointment and salary of the clerk shall be in accordance with the provisions of section 13-3-105.
(2) In such counties as may be determined by the chief justice, the functions of the office of the clerk of the county court may be performed by a consolidated office serving both the district and county courts, as provided in section 13-3-107.
(3) In any county in which there is no clerk of the county court provided pursuant to the provisions of section 13-3-105, the judge of the county court shall act as ex officio clerk without further compensation and have all the duties and powers of the clerk.
Source: L. 64: p. 416, § 20. C.R.S. 1963: § 37-14-14. L. 69: p. 251, § 14. L. 79: (2) amended, p. 599, § 17, effective July 1.
ANNOTATION
Annotator's note. Since § 13-6-211 is similar to repealed laws antecedent to CSA, C. 46, § 191, relevant cases construing those provisions have been included in the annotations to this section.
A county judge may elect to perform the duties of clerk of his court and when he does so elect is authorized to issue and sign all processes from his court. But when a clerk has been appointed by a county judge, so long as the appointment is not revoked, the clerk or his deputy alone has power to discharge the clerical duties of the office, and a summons issued and signed by the judge is void notwithstanding the disqualification of the clerk to act on account of absence or sickness. McNevins v. McNevins, 28 Colo. 245, 64 P. 199 (1901).
A clerk may also be probation officer. There is no statutory inhibition against one person holding the offices of clerk of the county court and probation officer. Bd. of County Comm'rs v. Wharton, 82 Colo. 466, 261 P. 4 (1927).