Presentation on theme: "Some general information about the County-level Judiciary and the role of the Clerk of District Court."— Presentation transcript:
Some general information about the County-level Judiciary and the role of the Clerk of District Court.
District Court Clerks in all 53 Counties Courts are divided into 8 Districts Districts are distributed between 4 Units Clerks of Court are established by statute under three categories of employment. Clerks may be employed by the State or by the County under contract with the State to provide judicial services, or be strictly a County employee without a contract. At this time all ND clerks are State employees or County contracted employees.
All North Dakota District Court judges are elected in their district and employed by the state. Their reporter or recorder is also employed by the state. Judges are not chambered in all counties, but all counties are served by an assigned judge or judges. The legislature establishes the number of judges needed by the state. (Currently 47)
State Clerks are paid under the State Court budget as State employees. Their office budgets are under the State Court Administrator. County Contract Clerks are employees of the County and are paid by the County. Contract Counties are reimbursed for judicial services by a formula based on caseload which is reviewed on an annual basis. Contract Counties also receive reimbursement for copies, phone and postage. The State Court pays for Clerk training. Jury Expenses are paid by the State.
All case types are handled in the County District Courts Criminal- Traffic, Game and Fish Infractions, Misdemeanors and Felonies Civil- Contract collections, Family, Child Support, Personal Injury and Property Juvenile Mental Health Small Claims Probate
Sheriff- enforces court orders, provides paper service, performs courtroom and courthouse security transports prisoners and patients. State’s Attorney- Provides legal advice to Clerk, files all criminal cases and acts as prosecution counsel. Serves as enforcement counsel for non-IV-D child support cases and represents the Petitioner in mental health and juvenile court cases. Auditor- In contract counties Auditors maintain budgets, payroll and benefits and other employment issues. Oversees accounts of contract clerks. Commission- Approves budgets of contract offices, contracts with State Court Administrator to provide judicial services in the County. Approves and submits grant applications for facilities grants.
North Dakota Supreme Court, Court Administration and Presiding Judges Jails and ND Penitentiary Community Service Parole and Probation Highway Patrol, Game and Fish, BCI and Drug Task Force ND Child Support Enforcement Agencies ND State Hospital and other treatment facilities Attorney General’s Office Agencies Human Services Credit Reporting Services
Some Counties have combined Clerk and Recorder positions Many Contract Clerks perform non-judicial functions such as issuing marriage licenses, passports and various other duties as determined by the County. Court Facilities Improvement Funds are available through grant applications to all Counties to help maintain Court spaces in County Courthouses. In recent years they also have opened the grant parameters to include some technology and security needs.