Clerks of the court
Clerks of the court, also known as county clerks, serve a crucial role within the judicial system as the custodians of all records related to criminal and civil cases. They are responsible for the maintenance and preservation of court pleadings, ensuring the integrity of legal documentation. During court proceedings, clerks log information, manage the recording system, and maintain judges' calendars, facilitating the smooth flow of necessary documents. They also handle evidence presented during trials, receiving and marking it appropriately. In some jurisdictions, they may have limited judicial duties, such as issuing warrants and preparing jury pools. Additionally, clerks of the court can take on roles as probate judges, overseeing issues related to probate estates. The hiring practices for these positions can vary by state, with some favoring shorter-term appointments while others rely on experienced staff for continuity. Overall, clerks play an essential role in upholding the interests of justice and ensuring the efficient operation of the court system.
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Clerks of the court
SIGNIFICANCE: Acts as the sole custodian of the records of all criminal and civil cases.
Clerks of the court (also referred to as county clerks) are also known as the keepers of the records, as they play a vital role in serving the interests of justice. They are responsible for the maintenance and preservation of all court pleadings for criminal and civil cases. Clerks of the court attend court hearings, motions, and trials in order to log information onto court records. They are responsible for the recording system in the courtroom and transcribing the information onto docket sheets. They maintain the judges’ calendars, prepare files for docket, and coordinate the flow of documents necessary for court assignments. During trials, the clerks of the court receive, mark, and assume custody of evidence presented. They also serve as liaisons between judges and a wide variety of agencies throughout the county.
In some states, as determined by a judge, clerks of the court may be afforded limited judicial duties, such as preparing and issuing warrants, subpoenas, and other official documents on behalf of the court. They may also prepare jury pools, swear in witnesses and jurors, file jury charges and verdicts, and record jury service and compensation due jurors. Lastly, clerks of the court may serve as probate judges, becoming responsible for the administration of numerous issues regarding probate estates. In some states, such as New Jersey, the court system routinely hires clerks to serve in one- or two-year stints at a time. Other states, such as California and New York, prefer to use seasoned court employees to do the work given to clerks elsewhere.
Bibliography
Dileo, A. M., and A. B. Rubin. Law Clerk Handbook: A Handbook for Federal District and Appellate Court Law Clerks. Washington, D.C.: Federal Judicial Center, 1977.
Schmalleger, Frank. Criminal Justice Today: An Introductory Text for the Twenty-first Century. 8th ed. Upper Saddle River, N.J.: Pearson/Prentice-Hall, 2005.
"Why Should I Clerk and Where Can I Clerk?" Cornell Law School, 2024, community.lawschool.cornell.edu/careers/judicial-clerkships/clerkship-advice/why-should-i-clerk-and-where-can-i-clerk/. Accessed 24 June 2024.