The Circuit Clerk is responsible for the administration and management of the jury system in both Circuit Court and Magistrate Court.
There are two types of juries:
- The Grand Jury which issues Indictments for Criminal offenses. The Grand Jury only finds probable cause (the probability that a crime was committed). It does not find guilt or innocence. The Grand Jury meets at the beginning of each term of court, which is three times per year (January, May, and September). It has 16 members.
- The Petit Jury:
- In criminal cases the jury determines guilt or innocence. A guilty finding must be by unanimous vote. 12 persons sit on a criminal jury.
- In Civil cases the jury decides between a plaintiff and defendant as to disagreements that have arisen between the parties. Six person sit on a civil jury. They must also be unanimous in their decision.
Every two years using the WV Driver’s License list for Mineral County and the Registered Voter List, the Circuit Clerk makes a pool of at least 3,000 persons from which to draw juries – Three hundred (+/-) are drawn each term for Petit jury. After qualifications approximately 150 persons are in the Petit jury pool for each term. Petit Jurors are on call for four months. 100 persons are drawn each year for the Grand Jury. Person on the Grand Jury usually serve one full year.
- Fee Officer
In addition to this role as the official record keeper of the court, the circuit clerk is also the fee officer. The circuit clerk is authorized by statute to collect various fees, fines, and costs associated with cases and hold and disburse other types of payments and deposits, such as bonds and restitution. With the exception of the portion of fees and costs that are sent directly to the state under various statutory provisions, all such moneys are either deposited into the county treasury for subsequent disbursement to the appropriate county or state agency or, as in the case of bonds or restitution, disbursed directly to the appropriate individual.
- Filing of Forms
The circuit clerk is responsible for all papers filed in the office. This means the clerk is the registrar, recorder and custodian of all pleadings, documents and funds pertaining to cases filed in the circuit court.
Various forms are available to assist in filing of some court cases. The following is a short list of some forms available .
- Affidavits of Indigence
- Pro Se Divorce Packets
- Pro Se Divorce Answer Packets
- Pro Se Modification Packets
- Conservator/Guardian Packets
- Abstract of Execution
- Affidavits of Suggested Execution
- Release of Suggested Execution
- Summons and Subpoenas