Dallas County District Clerk Function of the Office And Information About Its Operations and Responsibilities

Dallas CountyDallas CountyDistrict ClerkDistrict Clerk

Function of the OfficeFunction of the Office

And Information About Its And Information About Its Operations and Operations and ResponsibilitiesResponsibilities

Office of the District ClerkOffice 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.


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.


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.

Duties of the District ClerkDuties of the District Clerk

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


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.


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


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

The District ClerkThe 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.


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


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” Women’s clubs and won.


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).

District Clerk CivilDistrict Clerk Civil

The District Clerk’s 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.


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


District Civil Cases Filed 12/06 to 11/07

24,929 new cases

1,772 Injury/damages involving motor vehicle

54 Workers compensation3,381 Tax cases4,783 Contracts, accounts & notes18 Reciprocals14,921Other civil cases

District Clerk FamilyDistrict Clerk Family

The District Clerk’s 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.


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.


District Family Cases Filed 12/06 to 11/07

50,772 total dispositions46,206 pending cases carried forward

12, 296 Divorces22,890 Other family cases11,000 (est) IV-D cases

District Clerk JuvenileDistrict Clerk Juvenile

The District Clerk’s 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.


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


District Juvenile Cases Filed 12/06 to 11/07

11,182 including probation revocation7,268 pending cases carried forward

JUVENILE DISPOSITIONS:CINS DELIN

TOTALUnder parental care 22 1,916 1,938Under foster care 1 26 27Residential facility 8 802 810Committed to TYC 1 60 61

District Clerk CriminalDistrict Clerk Criminal

The District Clerk’s 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.


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


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.


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.


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.


105 capital murder153 murder3,157 assault153 sex assaults/adult120 sex assaults/juv1,755 robbery2,591 burglary

3,629 theft3,629 theft

774 auto theft774 auto theft

105 arson105 arson

10,438 drug sales10,438 drug sales

711 drug possession711 drug possession

755 felony DWI755 felony DWI

8,558 various felonies8,558 various felonies

Felony Cases Filed from 12/06 to 11/07

32,851 new cases

District Clerk Trust/AcctDistrict Clerk Trust/Acct

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


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.


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.

District Clerk Trust/AcctDistrict Clerk Trust/AcctRegistry 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


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.


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 pool’s guidelines.

District Clerk RecordsDistrict 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.


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.


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.


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.


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


Records department manages case files on site and at the Dallas County records warehouse.

Civil paper records from 2002 to present – 60,00Civil microfilm records from 1979 to 1994 – 150,000Family paper records from 1995 to present –

260,000


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.

District Clerk- PassportsDistrict Clerk- Passports

2007 Accomplishments2007 Accomplishments

Received “Best of Dallas” award for Best Public office in Received “Best of Dallas” award for Best Public office in DallasDallas

Handled 260% increase in new applicants with existing Handled 260% increase in new applicants with existing staffstaff

Opened East Dallas office an additional day, from three to Opened East Dallas office an additional day, from three to fourfour

Added bilingual staff to North and East Dallas officesAdded bilingual staff to North and East Dallas offices

District Clerk - PassportsDistrict Clerk - Passports

966

1,412

2,570

2006 2007 2008

District Clerk - PassportsDistrict Clerk - Passports

2008 Goals2008 Goals

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

Paper-Less Courts ProjectPaper-Less Courts Project

Going DigitalGoing Digital Complete Family Courts Imaging projectComplete Family Courts Imaging project Commence Civil/Tax Courts Imaging projectCommence Civil/Tax Courts Imaging project Integrate Texas online E-filing with Odyssey Integrate Texas online E-filing with Odyssey

Case Management systemCase Management system Support the development of Information Support the development of Information

Technology plan for Juvenile CourtsTechnology plan for Juvenile Courts Support implementation of Juvenile Case Support implementation of Juvenile Case

Management systemManagement system Provide filing forms and instructions via Provide filing forms and instructions via

District Clerk websiteDistrict Clerk website

Office of the District ClerkOffice of the District ClerkGeorge Allen Courts Building600 Commerce St. Civil/Family Filing Desk (first floor) open 8 am to 6 pmOther departments open 8 am – 4:30 pm

Frank Crowley Courthouse133 N. IndustrialOffices open 8 am – 4:30 pmClerks office closed noon – 1 pm for lunch

Henry Wade Juvenile Center2600 Lone Star Dr.Office open 8 am – 4:30 pmClosed noon – 1 pm for lunch


Passport Office DowntownGeorge Allen Courts Building600 Commerce St.8:30 am – 4 pm Monday-Friday

East Dallas Government Center3443 St. Francis7:30 am – 4:30 pm Monday-Thursday

North Dallas Government Center10056 Marsh Lane, Suite 1377:30 am – 4:30 pm Tuesday-Friday

Documents

Dallas County District Clerk Function of the Office And Information About Its Operations and Responsibilities