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10-11-17 Three Federal Judicial Center publications pertaining to the duties and responsibilities of the Clerk of the Court
Attached are two publications of the Federal Judicial Center, and a third is posted at: http://www.scribd.com/doc/42952670 The three publications refer to the duties and responsibilities of the Clerk of the Court. The publications highlight the difference between the letter and spirit of the law relative to duties and responsibilities of the Clerk of the Court, bonded and bound by Oath of Office, and practices of the US courts today. Restoration of integrity of the Clerk of the Court through the
Salary Act
of 1919 is credited as a main measure that restored integrity of the US courts following a period of rampant corruption. Undermining the authority of the Clerk of the Court in the mid and late 20
th
century, through the Judicial Conference and the Administrative Office of the US Courts, is claimed as central to the corruption now seen in the US courts. Points of interest:
1)
Russell R. Wheeler,
Origins of the Elements of Federal Court Governance
,
Federal Judicial Center
(1992)
-
page 3 of instant PDF file
(page numbers below - as shown in the record itself)
Page 3:
1789 First Judiciary Act is passed. It … • creates the office of the clerk of court in each district court;
Page 11:
Clerk of Court (1789) (28 U.S.C. §§ 711 (court of appeals), 751 (district), 156(b) (bankruptcy) (In effect, the chief administrative officer in almost all district and bankruptcy courts; in courts of appeals, mainly responsible for case-flow management support and being custodian of court records)
The First Judiciary Act authorized the Supreme Court and each district court to appoint a clerk, who was “to discharge the duties of his office, and seasonably to record the decrees, judgments, and determinations of the court for which he is clerk.” Congress subsequently authorized appointment of clerks for the circuit courts and then for the circuit courts of appeals.
The paragraph fails to mention that the Clerk of the Court must take an Oath of Office and is bonded as well.
2)
Conference on Assessing the Effects of Legislation on the Workload of the Courts: Papers and Proceedings
, A. Fletcher Mangum, Editor,
Federal Judicial Center
(1995)
-
page 35 of instant PDF
Page 172:
307. For civil cases, these data are generated at the time of initiating an action in federal district court by the filing attorney. When filing a case in federal court, the attorney must complete a form (JS-44) that includes coded information on the general nature of the suit and reference to a precise statutory section and subsection of the U.S. Code that links the case filing to a relevant cause of action. The clerk of court verifies and transcribes the information from the JS-44 to a more condensed format (the JS-5), which the clerk transmits to the Administrative Office.
Digitally signed by Joseph Zernik DN: cn=Joseph
Zernik, o, ou, email=jz12345@earthlink.net, c=US Date: 2010.11.17 17:48:24 +02'00'
Page 2/2 November 17, 2010
The paragraph highlights the significance of form JS-44 (Civil Cover Sheet). Today, except for the Summons, it is the only record in the full civil docket, where a valid signature (either graphic or digital) of a Deputy Clerk, bound by Oath of Office, may be found. In cases, which were previously opined as pretense litigations and Fraud on the Court, no signed Civil Covered Sheet could be found, and no valid signed Summons could be found.
3)
Federal Courts and What They Do
,
Federal Judicial Center
(no year of publication provided)
Page 10:
The courtroom deputy or clerk.
The courtroom deputy or courtroom clerk, who is usually seated next to the judge, administers the oaths to the witnesses, marks the exhibits, and generally helps the judge keep the trial running smoothly. Sometimes the deputy or clerk is away from the courtroom performing other tasks during parts of the trial. The courtroom deputy is employed by the office of the
clerk of the court.
The clerk of the court by all the judges on the court and works closely with
chief district judge
, who is responsible for the court’s overall administration.
The paragraph entirely blurs the difference between a Courtroom Deputy and a Deputy Clerk. In fact, the former is a court employee, who is not bound by Oath of Office, while the latter is. Moreover, the paragraph inserts a comment:
Sometimes the court deputy or clerk is away from the courtroom performing other tasks during the trial.
In fact, an authorized Deputy Clerk, bound by Oath of Office, must sit in all court proceedings, for the proceeding to be a valid seating of the court.
Page 17:
CLERK OF THE COURT – an officer appointed by the court to work with the chief judge and other judges in overseeing the court’s administration, especially to assist in managing the flow of cases through the court.
The paragraph entirely fails to mention that the office of the Clerk of the Court is established by law, and the main duties and responsibilities of the Clerk of the Court – attesting/authenticating and maintaining valid court records.
COURTROOM DEPUTY or CLERK – a court employee who assists the judge by keeping track of witnesses, evidence, and other trial matters, and sometimes by scheduling cases.
The paragraph again blurs the difference between a Deputy Clerk, who is bound by Oath of Office, and Courtroom Deputy, who is a court employee, who is not bound by Oath of Office, and holds no specific duties and responsibilities by law.