Dallas County District Clerk

1
Dallas CountyDistrict Clerk

• Function of the Office
• And Information About Its Operations and
  Responsibilities

2
Office of the District Clerk

• The office of district clerk has been included in
  every Texas constitution since the Republic.
  Article 5, Section 9 of the Texas Constitution
  provides that there shall be a district clerk in
  each county.

3
Office of the District Clerk

• The district clerk is an elected official who
  serves a four-year term. If the office becomes
  vacant, a district court judge appoints a new
  clerk, who holds office until it is filled by
  election.

4
Office of the District Clerk

• In a Texas county with multiple District judges
  such as Dallas County, a replacement is appointed
  by all the judges by unanimous consent. In the
  event that the judges cannot agree on a
  replacement, the Texas Governor shall appoint a
  new District Clerk.

5
Duties of the District Clerk

• The district clerk provides support for the
  district courts in each county.
  

6
Duties of the District Clerk

• The clerk is custodian of all court pleadings and
  papers that are part of any cause of action,
  civil or criminal, in the district courts served
  by the clerk.

7
Duties of the District Clerk

• The district clerk indexes and secures all court
  records, collects filing fees, and handles funds
  held in litigation and money awarded to minors.
  

8
Duties of the District Clerk

• The Texas Constitution also provides that the
  District Clerk in each Texas county shall be
  empowered to accept passport applications.
  

9
The District Clerk

• The current District Clerk is Gary Fitzsimmons
  who was sworn into office on January 1, 2007.
  Prior to his election, Mr. Fitzsimmons was a
  nonprofit administrator specializing in public
  parks and historic preservation.

10
The District Clerk

• Mr. Jim Hamlin, 1999 - 2006
• Mr. Bill Long, 1983 1997
• Mr. T.E. Moore, 1981 - 1982 (appointed)
• Mr. Bill Shaw, 1947 - 1980
• Ms. Pearl Smith, 1939 - 1946
• Mr. George Harwood, 1933 -1938

11
The District Clerk

• Ms. Pearl Smith was the first and only woman
  elected District Clerk in Dallas and the first
  woman to be elected to a countywide office in
  Dallas County. She attempted to unseat George
  Harwood in 1934, and lost. In 1938 she formed
  Pearl Smith Womens clubs and won.

12
The District Clerk

• Benjamin Long, elected District Clerk in 1867,
  was prevented from taking office by the Union
  army after refusing to take the Iron-Clad oath.
  He was later shot to death in a bar room brawl
  at the site of the Dallas County administration
  building (old school book depository).

13
District Clerk Civil

• The District Clerks office manages judicial
  process for the 13 statutory civil district
  courts. In addition, it provides services to two
  civil associate judges and one permanent visiting
  judge who presides over the Tax Court.

14
District Clerk Civil

• The civil courts are supported by 29 deputy
  district clerks and 11 deputy clerks are assigned
  to support the Tax Court.
  

15
District Clerk Civil

• District Civil Cases Filed 12/06 to 11/07
• 24,929 new cases
• 1,772 Injury/damages involving motor vehicle
• 54 Workers compensation
• 3,381 Tax cases
• 4,783 Contracts, accounts notes
• 18 Reciprocals
• 14,921 Other civil cases

16
District Clerk Family

• The District Clerks office manages judicial
  process for the seven statutory family district
  courts. In addition, it provides services to
  seven family associate judges, 4 IV-D (child
  support) courts and the guardian ad litem (GAL)
  program.

17
District Clerk Family

• The family courts are supported by 15 deputy
  district clerks while 13 deputy clerks are
  assigned to support the IV-D courts, and two
  clerks support the GAL program.

18
District Clerk Family

• District Family Cases Filed 12/06 to 11/07
• 50,772 total dispositions
• 46,206 pending cases carried forward
• 12, 296 Divorces
• 22,890 Other family cases
• 11,000 (est) IV-D cases

19
District Clerk Juvenile

• The District Clerks office manages judicial
  process for the two statutory juvenile courts.
  In addition, it provides services to two juvenile
  associate judges, and collects fines and fees
  associated with juvenile cases.

20
District Clerk Juvenile

• The juvenile courts are supported by six deputy
  district clerks while 14 deputy clerks are
  assigned to support juvenile case records,
  collections and process.

21
District Clerk Juvenile

• District Juvenile Cases Filed 12/06 to 11/07
• 11,182 including probation revocation
• 7,268 pending cases carried forward
• JUVENILE DISPOSITIONS
• CINS DELIN TOTAL
• Under parental care 22 1,916 1,938
• Under foster care 1 26 27
• Residential facility 8 802 810
• Committed to TYC 1 60 61

22
District Clerk Criminal

• The District Clerks office manages judicial
  process for the 18 felony courts. In addition,
  it provides 24-hour services to the magistrate
  court located at Lew Sterrett Justice Center.

23
District Clerk Criminal

• The criminal department also provides criminal
  process services, criminal fine and court cost
  collections, indictment and appeals process, and
  manages bond forfeitures.

24
District Clerk Criminal

• The criminal courts are supported by 38 deputy
  district clerks while 12 deputy clerks are
  assigned to the magistrate court and work 24-hour
  shifts.

25
District Clerk Criminal

• There are 14 deputy clerks assigned to criminal
  process including indictment, expunctions,
  appeals and bond forfeitures while six deputy
  clerks are assigned to criminal collections and
  two clerks manage protective orders exclusively.

26
District Clerk Criminal

• The district clerk is charged with the duty of
  managing criminal trial court evidence. One
  clerk is assigned to manage the retention of more
  than 25 years of evidence.

27
District Clerk Criminal
Felony Cases Filed from 12/06 to 11/07
32,851 new cases

• 105 capital murder
• 153 murder
• 3,157 assault
• 153 sex assaults/adult
• 120 sex assaults/juv
• 1,755 robbery
• 2,591 burglary

• 3,629 theft
• 774 auto theft
• 105 arson
• 10,438 drug sales
• 711 drug possession
• 755 felony DWI
• 8,558 various felonies

28
District Clerk Trust/Acct

• Each district and county clerk must maintain a
  registry of the court to receive payments ordered
  tendered into the courts registry. In addition
  to money, the court may also order property to be
  held in the courts registry for the benefit of
  whomever it is ultimately adjudged to belong.

29
District Clerk Trust/Acct

• The funds held in the registry of court do not
  belong to the county rather, they are
  essentially held in trust by the clerk to satisfy
  the result of a legal pleading or to await the
  outcome of a legal proceeding.

30
District Clerk Trust/Acct

• Although the funds in the registry of court are
  construed as trust funds, the clerk acts only in
  a custodial capacity in relation to funds held in
  the registry of court. A clerk is not a trustee
  for the beneficial owner and does not assume the
  duties, obligations, or liabilities of a trustee
  for a beneficial owner.

31
District Clerk Trust/Acct

• Registry of the Court
• 43,299,339 total funds are currently managed by
  the district clerk
  
• 90 of all funds are minor trust funds
• 10 of funds are interpleader
• 33,299,339 funds are currently in investment
  accounts
  
• 10,000,000 approximately in funds are cash
  accounts
  

32
District Clerk Trust/Acct

• Registry Policy Changes
• The district clerk has directed that funds
  currently deposited with over 40 different
  financial institutions are to be consolidated
  into two different public investment pools except
  where the rate of return justifies continued
  investment.

33
District Clerk Trust/Acct

• Investment Pools
• Government Investment Pool (GIP), or Local
  Government Investment Pool (LGIP), is a state or
  local government pool offered to public entities
  for the investment of public funds. These pools
  are important investments tools, offering safety
  with a competitive yield. GIP managers are vested
  with a public trust that the pool will maintain
  liquidity, diversity, and follow the investment
  pools guidelines.

34
District Clerk Records

• Local Government Records Act Chapters 201-205
  requires that all district clerks establish
  programs for the efficient and cost-effective
  management of the records of their offices. It
  also requires that the records of the office of
  district clerk be retained for minimum periods of
  time set by the Texas State Library and Archives
  Commission before they are eligible for disposal.

35
District Clerk Records

• Any information created or received by a district
  clerk pursuant to law or in the transaction of
  public business is a local government record,
  regardless of whether it is a document, paper,
  letter, book, map, photograph, sound or video
  recording, microfilm, magnetic tape, electronic
  medium, or any other type of information
  recording medium and regardless of whether it is
  an open or closed record.

36
District Clerk Records

• Court records in the custody of the district
  clerk are not subject to the provisions of the
  Public Information Act (PIA). Access to court
  records are governed by Rule 12 of the Texas
  Rules of Judicial Procedure.

37
District Clerk Records

• Rule 12 stipulates that the purpose of the rule
  is to provide public access to information in the
  judiciary consistent with the mandates of the
  Texas Constitution that the public interests are
  best served by open courts and by an independent
  judiciary. The rule should be liberally construed
  to achieve its purpose.

38
District Clerk Records

• Management and administrative documents, email,
  correspondence and other budget materials are all
  public record and covered by the PIA.

39
District Clerk Records

• Records department manages case files on site and
  at the Dallas County records warehouse.
  
• Civil paper records from 2002 to present 60,00
• Civil microfilm records from 1979 to 1994
  150,000
  
• Family paper records from 1995 to present
  260,000

40
District Clerk Records

• Records department employs 43 deputies and handle
  both civil, family and criminal records. In
  addition, 13 deputies are currently assigned to
  the records imaging project.

41
District Clerk- Passports

• 2007 Accomplishments
• Received Best of Dallas award for Best Public
  office in Dallas
  
• Handled 260 increase in new applicants with
  existing staff
  
• Opened East Dallas office an additional day, from
  three to four
  
• Added bilingual staff to North and East Dallas
  offices

42
District Clerk - Passports
43
District Clerk - Passports

• 2008 Goals
• All three offices open five days a week
• Saturday openings for at least one office
• Accept credit card payments
• Add bilingual staff to Downtown office
• Upgrade computers and printers

44
Paper-Less Courts Project

• Going Digital
• Complete Family Courts Imaging project
• Commence Civil/Tax Courts Imaging project
• Integrate Texas online E-filing with Odyssey Case
  Management system
  
• Support the development of Information
  Technology plan for Juvenile Courts
  
• Support implementation of Juvenile Case
  Management system
  
• Provide filing forms and instructions via
  District Clerk website
  

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Office of the District Clerk

• George Allen Courts Building
• 600 Commerce St.
• Civil/Family Filing Desk (first floor) open 8 am
  to 6 pm
  
• Other departments open 8 am 430 pm
• Frank Crowley Courthouse
• 133 N. Industrial
• Offices open 8 am 430 pm
• Clerks office closed noon 1 pm for lunch
• Henry Wade Juvenile Center
• 2600 Lone Star Dr.
• Office open 8 am 430 pm
• Closed noon 1 pm for lunch

46
Office of the District Clerk

• Passport Office Downtown
• George Allen Courts Building
• 600 Commerce St.
• 830 am 4 pm Monday-Friday
• East Dallas Government Center
• 3443 St. Francis
• 730 am 430 pm Monday-Thursday
• North Dallas Government Center
• 10056 Marsh Lane, Suite 137
• 730 am 430 pm Tuesday-Friday