Transcript New Clerk Academy Tallahassee, Florida Role of the Clerk in the Courts: Honorable Bob Inzer, Clerk and Honorable Don Barbee, Clerk Elect OVERVIEW.

New Clerk Academy
Tallahassee, Florida
Role of the Clerk in the Courts:
Honorable Bob Inzer, Clerk
and Honorable Don Barbee, Clerk Elect
OVERVIEW
Objectives
Learn the Role of the Clerk
Get to know the players
Learn the partners in the Court
Review the case types
Be the Custodian of the Record
The Role of the Clerk in the Courts
• The role of the Clerk is ministerial
• The Clerk is an officer of the court and is obliged
to comply with the rules of procedure governing
duties
• The Clerk must keep all papers, exhibits, evidence
and other records of the court provided by statute
or rule
• The Clerk keeps the progress docket
• The Clerk keeps the minutes of the Court
• The Clerk collects all fines and fees
Partners
Judiciary: State and
Circuit
Court Administration
State Attorney
Public Defender
Law Enforcement
State Agencies
DHSMV
FDLE
FDOR
Lawyers and the Florida
Bar
Supreme Court Administrative Order
Case Types
Felony
Misdemeanor
Domestic
Relations/Family
Municipal Ordinance
Circuit Civil
County Ordinance
Probate/Guardianship
County Civil
Mental Health
Small Claims
Guardianship
Traffic Infractions
Delinquency
Criminal Traffic
Dependency
Non Criminal Infraction
Appeals
The Role of the Clerk in the Courts
28.14 Records, judgments, orders, and
decrees prior to circuit courts.—All the records,
judgments, orders, and decrees of the several
circuit courts, in the respective counties, made
and entered before July 28th, 1868, shall be
taken and held to be the records, judgments,
orders, and decrees of the circuit courts as
established in said counties July 28th, 1868, and
may be amended and enforced according to law
and the practice of said courts.
The Role of the Clerk in the Courts
28.13 To keep papers.—The clerk of the circuit
court shall keep all papers filed in the clerk’s office
with the utmost care and security, arranged in
appropriate files (endorsing upon each the time
when the same was filed), and shall not permit any
attorney or other person to take papers once filed
out of the office of the clerk without leave of the
court, except as is hereinafter provided by law.
The Role of the Clerk in the Courts
28.211 Clerk to keep docket.—The clerk of the
circuit court shall keep a progress docket in which
he or she shall note the filing of each pleading,
motion, or other paper and any step taken by him
or her in connection with each action, appeal, or
other proceeding before the court. The clerk may
keep separate progress dockets for civil and
criminal matters. The clerk shall keep an
alphabetical index, direct and inverse, for the
docket.
The Role of the Clerk in the Courts
28.223 Probate records; recordation.—(1) The clerk
of the circuit shall record all wills and codicils admitted
to probate, orders revoking the probate of any wills and
codicils, letters of administration, orders affecting or
describing real property, final orders, orders of final
discharge, and orders of guardianship filed in the
clerk’s office. No other petitions, pleadings, papers, or
other orders relating to probate matters shall be
recorded except on the written direction of the court.
The direction may be by incorporation in the order of
the words “To be recorded,” or words to that effect.
Failure to record an order or a judgment shall not affect
its validity.
The Role of the Clerk in the Courts
Collect and disburses Court Fines and fees
28.241 Filing fees for trial and appellate
proceedings.—(1) Filing fees are due at the time a
party files a pleading to initiate a proceeding or files a
pleading for relief. Reopen fees are due at the time a
party files a pleading to reopen a proceeding if at least
90 days have elapsed since the filing of a final order or
final judgment with the clerk. If a fee is not paid upon
the filing of the pleading as required under this section,
the clerk shall pursue collection of the fee pursuant to
s. 28.246.
The Role of the Clerk in the Courts
28.212 Minutes of court
proceedings.—The clerk may keep
minutes of court proceedings. The
action of the court shall be noted in
the minutes, but orders and
judgments shall not be recorded in
the minutes.
28.213 Disposal of physical
evidence filed as exhibits.—The clerk
of any circuit court or county court
may dispose of items of physical
evidence which have been held as
exhibits in excess of 3 years in
cases on which no appeal, or
collateral attack, is pending or can
be made. Items of evidence having
no monetary value which are
designated by the clerk for removal
shall be disposed of as unusable
refuse. Items of evidence having a
monetary value which are
designated for removal by the clerk
shall be sold and the revenue
placed in the clerk’s general
revenue fund.
The Role of the Clerk in the Courts
• Mortgage and
Foreclosure Sales
• Keeps Court Registry
Audits Guardianship
Reports and Reports to
the Court
The Role of the Clerk in the Courts
28.22205 Electronic filing process.—Each clerk of
court shall implement an electronic filing process. The
purpose of the electronic filing process is to reduce
judicial costs in the office of the clerk and the judiciary,
increase timeliness in the processing of cases, and
provide the judiciary with case-related information to
allow for improved judicial case management.
……. Revenues provided to counties and the clerk of
court under s. 28.24(12)(e) for information technology
may also be used to implement electronic filing
processes.
Rule 2.420, Florida Rules of Judicial
Administration
1) “Records of the judicial branch” are all
records, regardless of the physical form,
characteristics, or means of transmission,
made or received in connection with the
transaction of official business by any
judicial branch entity and consist of:
Role of the Clerk as Custodian of
Court Records
(A) “court records,” which are the contents of the court
file, including the progress docket and other similar
records generated to document activity in a case,
transcripts filed with the clerk, documentary exhibits in the
custody of the clerk, and electronic records, videotapes, or
stenographic tapes of depositions or other proceedings
filed with the clerk, and electronic records, videotapes, or
stenographic tapes of court proceedings; and
(B) “administrative records,” which are all other records
made or received pursuant to court rule, law, or ordinance,
or in connection with the transaction of official business by
any judicial branch entity.
Role of the Clerk as Custodian of
Court Records
Permanently recorded records means documents that have
been microfilmed, optically imaged, or recorded onto an
electronic record keeping system…
Court records that have been permanently recorded may be
destroyed…by the clerk…after a judgment has become final.
Court records not permanently recorded may be destroyed or
disposed of in accordance with schedule in
2.430(c)(1)(2)(3).
Role of the Clerk as Custodian of
Court Records
Examples:
Traffic Infractions
Misdemeanor Cases
Felony Cases
Probate Guardianship
Juvenile Proceedings
Adoptions
Marriage Dissolutions
Role of the Clerk as Custodian of
Court Records
Exhibits. Exhibits in criminal proceedings shall be disposed of as provided by law.
All other exhibits shall be retained by the clerk until 90 days after a judgment has
become final. If an exhibit is not withdrawn pursuant to subdivision (i) within 90
October 23, 2012 Rules of Judicial Administration 82days, the clerk may destroy or
dispose of the exhibits after giving the parties or their attorneys of record 30 days’ …
Disposition Other Than Destruction. Before destruction or disposition of court
records under this rule, any person may apply to the court for an order requiring the
clerk to deliver to the applicant the court records that are to be destroyed or disposed
of. All parties shall be given notice of the application. The court shall dispose of that
court record as appropriate.
Release of Court Records. This rule does not limit the power of the court to release
exhibits or other parts of court records that are the property of the person or party
initially placing the items in the court records. The court may require copies to be
substituted as a condition to releasing the court records under this subdivision.
Role of the Clerk as Custodian of
Court Records
Right to Expunge Records. Nothing in this rule shall affect the
power of the court to order records expunged.
Sealed Records. No record which has been sealed from public
examination by order of court shall be destroyed without
hearing after such notice as the court shall require.
Destruction of Jury Notes. At the conclusion of the trial and
promptly following discharge of the jury, the court shall collect
all juror notes and immediately destroy the juror
notes.
Key Points to Take Away
The role of the Clerk is in the Constitution
and the Statutes
Each county is unique and has unique
operations
All counties operate within a circuit
References
Best Practices - Clerk Intranet
Supreme Court Judicial
Administration Rule 2.420
Chapter 28, Florida Statutes