It’s hard to describe in only a few words what Virginia Clerks of Courts do.
In state code, their list of duties surpasses 800 individual tasks, said Chaz Haywood, a member of the Virginia Court Clerks Association and Rockingham County’s Clerk of Court for 19 years.
“Really, it's an administrative role, Haywood said. “We are the keeper of the record … (and) the clerk has the hat of the clerk of court.”
Gloucester County is holding a special election for a new Clerk of Court. Gloria Owens currently holds the position on an interim basis. Owens said when she was appointed that she wasn’t going to run to finish the five years in the previous clerk’s eight-year term.
Clerks of court are constitutional officers, along with commonwealth attorneys, local treasurers and commissioners of the revenue. Clerks are elected for eight-year terms and manage official historical records, court filings and can provide services, such as passport applications, Haywood said.
“You have to have that heart for service, because if not, it's going to show to the community you serve,” he said.
Clerks’ daily work varies widely on how large their locality is, Haywood said. Clerks manage all the filings and documents that come through civil and criminal courts – marriage licenses, divorce filings, adoption paperwork, plus everything filed in relation to serious cases, such as murder or malpractice suits.
It requires a sharp eye for detail, Haywood said.
“One mistype of a date, and you're going to send someone to jail, or you're going to let somebody out that should not be let out,” he said.
Clerks also handle juries. The clerk’s office distributes jury questionnaires and keeps lists of eligible jury members. They also coordinate jury members once a group is assembled for a case.
But clerks of court also handle more straightforward legal proceedings, including keeping a deed room with real estate and other property information. When a person dies, clerks also help with the probate process to carry out the deceased’s will (or follow state law when there isn’t a will).
There are other tasks clerks’ offices around Virginia take on that aren’t officially part of their duties, Haywood said. In his part of the state, it’s common for clerks to offer passport services so people don’t have to travel long distances to get one.
“The clerks, they don't get funded for it,” he said. “They work their staff extra to provide that special service to folks in their community.”
Elected clerks of courts are the head of an office with other deputy clerks, and like other municipal department heads, are responsible for managing a budget.
Salaries come through the Virginia Compensation Board, but clerks can also use money from the Technology Trust Fund for their daily work. The fund is from fees at clerks’ offices for various public-facing services. Then, clerks can request some of the collected money to make improvements.
Haywood said the fund can cover things such as larger TVs in courtrooms “for the judges so everybody can see,” replace computers for staff or improve the process of putting court records online for public viewing.
“The clerk really gets to drive that … and that's where they can also have an opportunity to build better relationships with attorneys and others by putting other technology into the courthouse,” Haywood said.
Although clerks work within the judicial system, there is no requirement for them to have a legal background. Instead, Haywood said, being a good planner and detail-oriented can make for successful clerks. Plus, being able to implement changes to help constituents is key, he said.
“End of the day, the relationship part that a clerk has with their community is priceless,” Haywood said. “People know that you're approachable. People have seen you. People know that you are with them.”
