Virginia Court Clerks' Association Serving Virginia's Circuit Court Clerks since 1910
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From colonial days to the present time, the duties of the office
have changed significantly, but the office of the Clerk of the Circuit
Court remains one of the most important constitutional offices in each
county or city in the Commonwealth of Virginia. The
Clerk of the Circuit Court in Virginia performs multiple duties that in
many states are divided among several government offices.
The Code of Virginia lists over 800 responsibilities and duties
for the Clerk, many of which are legally sophisticated and highly
complex. The growth in
population in the Commonwealth of Virginia in recent years, makes the
delivery of the Clerk’s services more challenging.
The variety of duties, which are explained in detail below,
include the following: public
safety, court services, recorder of deeds, probate
judge, custodian of court cases, public services, preservation of
historic records, keeper of election ballots and law library
maintenance. Public
Safety:
The Clerk participates in the administration of public
safety as a consultant to prosecutors and law enforcement officials.
The grand jury that hears criminal indictments is assembled by
the Clerk for the prosecutors and the sheriffs. The Clerk collects
criminal fines and costs levied against criminals upon conviction in
court trials. The Clerk is
the official record-keeper of criminal felony cases, misdemeanor appeal
cases and criminal indictments. The
Clerk is responsible for providing critical public safety information
related to criminal convictions and terms of incarceration of criminals
to the Department of Corrections, Probation and Parole agencies, the
State Police and many other public safety agencies. Court
services:
The Clerk provides direct administrative support to the judges in
court proceedings. The
Clerk prepares many legal documents for the court such as criminal court
orders that determines the outcome of a criminal court case, summonses
and legal service of process , authorizations for arrest and other
judicial directives. The
Clerk is responsible for maintaining all court files and ensuring proper
recordkeeping of the legal documents in the court files. The
Clerk assembles jurors to sit for a jury trial in the circuit court and
provides an orientation to prepare jurors for the courtroom proceedings. Jury
Management:
The Clerk manages jury operations and is responsible for issuing
juror questionnaires to establish a qualified jury pool, issuing jury
summons for jury trials, preparing jury lists, providing a comprehensive
juror orientation and coordinating the needs of citizens who report for
jury duty. Citizens
are assembled on a regular basis to sit on a grand jury to hear
testimony on criminal indictments. Land
Records:
The Clerk is responsible for collecting the taxes and fees
associated with the legal recordation of deeds.
Additionally, the Clerk is responsible for retaining all deeds
and land records recorded since the inception of the city/county and for
ensuring adequate public access to these public records.
The recordation taxes collected by Clerks statewide ($319,382,379
in fiscal year 2002) demonstrates substantial growth in the Commonwealth
and increased value of real estate in Virginia. Probate
and Fiduciary:
The Clerk acts as a probate judge when a last will and testament
is presented to the Clerk for legal probate of an estate.
The Clerk ensures the authentication of the will, conducts a
legal hearing with witnesses, makes a legal appointment of an executor
or administrator of a decedent’s estate and prepares legal documents
and orders related to the handling of the estate.
The Clerk collects the applicable estate taxes for the
Commonwealth. The Clerk is
also responsible for the appointment and qualification of guardians for
minors or incapacitated adults. Custodian
of Court Cases:
The Clerk is the official recordkeeper of all circuit court cases
which include contract disputes, claims of negligence, criminal cases,
divorce proceedings, land disputes, adoptions, requests for name
changes, court judgments, and many other types of court cases.
Under Virginia law, the Clerk is responsible for providing public
access to most court files. Public
Services: The Clerk is
responsible for issuing marriage licenses in Virginia, processing notary
public commissions, and processing business name applications (commonly
referred to as fictitious name applications) for citizens in a
county/city. The Clerk
issues witness subpoenas in court cases, issues concealed handgun
permits, and administers the oath of public office to elected officials,
sheriff deputies and to citizens who are appointed to local or state
commission posts. In most
jurisdictions, military discharge papers, referred to as DD-214, are
filed with the Clerk. In
some jurisdictions, the Clerk may provide passport application services
and fishing license services. Official
Recordkeeper of Election Ballots:
The Clerk takes custody of all election ballots after the local
election officials have certified the election results.
When localities request that bond issues and referendums, such as
school bond construction issues, be placed on election ballots, the
Clerk issues legal documents for legal publication. Custodian
of Historic Records: The
Clerk’s Offices throughout the Commonwealth of Virginia possess a
wealth of historic records, such as the original last will and testament
of George Washington, that are available for public inspection.
These historical records required constant protection and
preservation work to ensure these artifacts remain in existence for
future generations. The General Assembly created a special grants preservation
program which is managed by the Library of Virginia and this program
allows Clerks to use state grant funding to perform preservation and
conservation work to restore and protect Virginia’s valuable history. Law Library: By law, Clerks collect a fee when each new lawsuit is filed for purposes of maintaining a law library for the general public. Some Clerk’s Offices have a law library that is open daily while others have part-time law library operation. The law books and other legal resources in the law library are available to the public to use at no charge. |
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