Court clerk
Encyclopedia
A court clerk is an officer of the court
whose responsibilities include maintaining the records of a court
. Another duty is to administer oath
s to witness
es, jurors
, and grand jurors
. Traditionally, the clerk also was the custodian of the court's seal
, which is used to authenticate copies of the court's order
s, judgments and other records.
In common law
jurisdiction
s, the existence of the office of a clerk is one of the typical criteria distinguishing a court of record
.
He/She may be more precisely titled after the (type of) court, e.g. clerk of the peace
attending to a justice of the peace
, clerk of the police court, etc. On Guernsey, the medieval French term Greffe is used (in the magistrate's court).
In some jurisdictions, the court clerk is the one who reads the jury's verdict
form to the court. In many states, the clerk of circuit court may officiate civil weddings.
In courts without a clerk, or if there is no specific officer otherwise available, the judge may have authority to act as clerk of the court, as sometimes in a short-staffed probate court.
In some U.S. states, the state trial courts technically do not have their own clerks, but are supposed to use the services of the county clerk, who is normally an elected official. Several U.S. states, like California, that previously had this arrangement eventually recognized that it violates the principle of separation of powers
(because the county clerk is a member of the executive branch), abolished it, and in its place authorized each state trial court to appoint its own court clerk.
In the U.S. state of North Carolina, the elected clerk of the superior court is the ex officio judge of probate, and s/he and his/her numerous assistants and deputies actually possess limited judicial powers. Elected clerks and assistant clerks in North Carolina can hear probate, incompetency, adoption, and foreclosure hearings. Deputy clerks and assistant clerks can issue warrants, orders for arrest, orders for contempt, and orders for involuntary commitment in an incompetency matter. In addition, assistants and deputies may hear a criminal first appearance, may appoint indigent counsel or public defenders, and may sign release and temporary confinement orders for persons held in custody.
In the United States federal courts
, each district court
, court of appeals
, and bankruptcy court
, as well as the Supreme Court
, has its own clerk, appointed by the judges of the court. The clerk is the custodian of the court's records and also has responsibility for collecting fees and other deposits of money made with the court. The court clerk is not to be confused with the law clerk
who assists the judge
in making legal determinations. And in the courts within the City of New York, the Court Clerk, who is a Peace Officer, is the highest ranking, non-judicial person in the courtroom. The Court Clerk is the supervisor of the Court Officers in the Courtroom.
In an English Magistrates' Court
, where the bench
will usually have no legal qualifications, the Court Clerk will be legally qualified. The magistrates decide on the facts at issue; the clerk advises them on the law relating to the case.
The Court Clerk is a critical safeguard for integrity of the courts. In most courts, only the clerk, but not a judge, is the keeper of the Seal of the Court. The clerk is also required to attest/authenticate judicial records, to render them such that command "full faith and credit".
A unique historic study of corruption of the Court Clerks in the United States courts, can therefore be inferred to reflect the variations in integrity of the courts as a whole during the same periods.
Officer of the court
The generic term officer of the court applies to all those who, in some degree in function of their professional or similar qualifications, have a legal part—and hence legal and deontological obligations—in the complex functioning of the judicial system as a whole, in order to forge justice out of...
whose responsibilities include maintaining the records of a court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
. Another duty is to administer oath
Oath
An oath is either a statement of fact or a promise calling upon something or someone that the oath maker considers sacred, usually God, as a witness to the binding nature of the promise or the truth of the statement of fact. To swear is to take an oath, to make a solemn vow...
s to witness
Witness
A witness is someone who has firsthand knowledge about an event, or in the criminal justice systems usually a crime, through his or her senses and can help certify important considerations about the crime or event. A witness who has seen the event first hand is known as an eyewitness...
es, jurors
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
, and grand jurors
Grand jury
A grand jury is a type of jury that determines whether a criminal indictment will issue. Currently, only the United States retains grand juries, although some other common law jurisdictions formerly employed them, and most other jurisdictions employ some other type of preliminary hearing...
. Traditionally, the clerk also was the custodian of the court's seal
Seal (device)
A seal can be a figure impressed in wax, clay, or some other medium, or embossed on paper, with the purpose of authenticating a document ; but the term can also mean the device for making such impressions, being essentially a mould with the mirror image of the design carved in sunken- relief or...
, which is used to authenticate copies of the court's order
Court order
A court order is an official proclamation by a judge that defines the legal relationships between the parties to a hearing, a trial, an appeal or other court proceedings. Such ruling requires or authorizes the carrying out of certain steps by one or more parties to a case...
s, judgments and other records.
In common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
s, the existence of the office of a clerk is one of the typical criteria distinguishing a court of record
Court of record
In common law jurisdictions, a court of record is a judicial tribunal having attributes and exercising functions independently of the person of the magistrate designated generally to hold it, and proceeding according to the course of common law, its acts and proceedings being enrolled for a...
.
He/She may be more precisely titled after the (type of) court, e.g. clerk of the peace
Clerk of the Peace
A clerk of the peace held an office in England and Wales whose responsibility was the records of the Quarter Sessions and the framing of presentments and indictments. They had legal training, so that they could advise justices of the peace.-England and Wales:...
attending to a justice of the peace
Justice of the Peace
A justice of the peace is a puisne judicial officer elected or appointed by means of a commission to keep the peace. Depending on the jurisdiction, they might dispense summary justice or merely deal with local administrative applications in common law jurisdictions...
, clerk of the police court, etc. On Guernsey, the medieval French term Greffe is used (in the magistrate's court).
In some jurisdictions, the court clerk is the one who reads the jury's verdict
Verdict
In law, a verdict is the formal finding of fact made by a jury on matters or questions submitted to the jury by a judge. The term, from the Latin veredictum, literally means "to say the truth" and is derived from Middle English verdit, from Anglo-Norman: a compound of ver and dit In law, a verdict...
form to the court. In many states, the clerk of circuit court may officiate civil weddings.
In courts without a clerk, or if there is no specific officer otherwise available, the judge may have authority to act as clerk of the court, as sometimes in a short-staffed probate court.
In some U.S. states, the state trial courts technically do not have their own clerks, but are supposed to use the services of the county clerk, who is normally an elected official. Several U.S. states, like California, that previously had this arrangement eventually recognized that it violates the principle of separation of powers
Separation of powers
The separation of powers, often imprecisely used interchangeably with the trias politica principle, is a model for the governance of a state. The model was first developed in ancient Greece and came into widespread use by the Roman Republic as part of the unmodified Constitution of the Roman Republic...
(because the county clerk is a member of the executive branch), abolished it, and in its place authorized each state trial court to appoint its own court clerk.
In the U.S. state of North Carolina, the elected clerk of the superior court is the ex officio judge of probate, and s/he and his/her numerous assistants and deputies actually possess limited judicial powers. Elected clerks and assistant clerks in North Carolina can hear probate, incompetency, adoption, and foreclosure hearings. Deputy clerks and assistant clerks can issue warrants, orders for arrest, orders for contempt, and orders for involuntary commitment in an incompetency matter. In addition, assistants and deputies may hear a criminal first appearance, may appoint indigent counsel or public defenders, and may sign release and temporary confinement orders for persons held in custody.
In the United States federal courts
United States federal courts
The United States federal courts make up the judiciary branch of federal government of the United States organized under the United States Constitution and laws of the federal government.-Categories:...
, each district court
United States district court
The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...
, court of appeals
United States court of appeals
The United States courts of appeals are the intermediate appellate courts of the United States federal court system...
, and bankruptcy court
United States bankruptcy court
United States bankruptcy courts are courts created under Article I of the United States Constitution. They function as units of the district courts and have subject-matter jurisdiction over bankruptcy cases. The federal district courts have original and exclusive jurisdiction over all cases arising...
, as well as the Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
, has its own clerk, appointed by the judges of the court. The clerk is the custodian of the court's records and also has responsibility for collecting fees and other deposits of money made with the court. The court clerk is not to be confused with the law clerk
Law clerk
A law clerk or a judicial clerk is a person who provides assistance to a judge in researching issues before the court and in writing opinions. Law clerks are not court clerks or courtroom deputies, who are administrative staff for the court. Most law clerks are recent law school graduates who...
who assists the judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
in making legal determinations. And in the courts within the City of New York, the Court Clerk, who is a Peace Officer, is the highest ranking, non-judicial person in the courtroom. The Court Clerk is the supervisor of the Court Officers in the Courtroom.
In an English Magistrates' Court
Magistrates' Court
A magistrates' court or court of petty sessions, formerly known as a police court, is the lowest level of court in England and Wales and many other common law jurisdictions...
, where the bench
Bench (law)
Bench in legal contexts means simply the location in a courtroom where a judge sits. The historical roots of that meaning come from the fact that judges formerly sat on long seats or benches when presiding over a court...
will usually have no legal qualifications, the Court Clerk will be legally qualified. The magistrates decide on the facts at issue; the clerk advises them on the law relating to the case.
The Court Clerk is a critical safeguard for integrity of the courts. In most courts, only the clerk, but not a judge, is the keeper of the Seal of the Court. The clerk is also required to attest/authenticate judicial records, to render them such that command "full faith and credit".
A unique historic study of corruption of the Court Clerks in the United States courts, can therefore be inferred to reflect the variations in integrity of the courts as a whole during the same periods.