DIVERSITY OF ROLES FACED BY TRIBAL COURT CLERKS

Tribal court clerks have essential roles in the day-to-day operation and management of tribal courts. They are often the first person those who are using the court encounter. It is therefore important for clerks to have good public relations skills. Public credibility and confidence in the court is strengthened by consistency which is coincidentally what their primary role uses to ensure confidence in court activities.

The duties of the tribal court clerk vary from tribe to tribe, but might include:

• Receiving petitions and complaints filed with the tribal court
• Answering the phone for the tribal court
• Handling tribal court mail
• Keeping court case files in order and updated
• Maintaining the filing system of the court
• Setting court dates and keeping a court calendar
• Writing and sending notices of hearings
• Setting up teleconference equipment for hearings when necessary
• Attending hearings, operating a tape recorder, and taking minutes of court hearings
• Preparing case files for judges to review and use during hearings
• Reminding judges of hearing dates and dates when things are due
• Making certified copies of court documents for other governmental agencies
• Drafting tribal court orders for judges to review and sign
• Making copies of court orders and distributing them to parties
• Being a public relations person for the tribal court
• Keeping judges updated about cases, petitions, complaints and hearings
• Accepting fines, making out receipts, and keeping records of tribal court finances
• Being responsible for the tribal court seal, certification stamp, date stamp, and keys for locked files
• Attending training on a regular basis to sharpen skills and to stay informed of new information

Tribal court clerks have an ethical responsibility to avoid letting the personal views or relationships affect the activities of the court and a duty to maintain the confidentiality of tribal court cases.

CRITICAL CHALLENGES FACED BY TRIBAL COURT CLERKS

A major challenge faced Clerks is their role in setting up and managing record keeping. Records are necessary for the purposes of decision making by judges, for reviewing and possibly rehearing a case, for certification to other agencies or governments that a particular tribal court decision or action has taken place, and for cases that are appealed. Without an accurate record, an appellant cannot properly prepare an appeal, and the appellate court does not have the information it needs to make a good determination about what actually happened. As many courts evolve into a “court of record”, the Clerk must keep complete records filed on each case. By becoming a court of record, tribal courts become capable of interacting and coordinating with other agencies and courts.

A court of record does not necessarily have to record hearings, whether through aged cassette recording, use of digital phones or networked recording as long as thorough notes are taken, but maintaining the integrity of recording from being unintentionally erased or lost is a growing issue  Using simple cassette tape or digital recorders with counters to record hearings, and file cabinets to store hard copies of case files works for small court systems with low numbers of cases. Larger courts use more elaborate tape recorders and internet based systems for recording hearings. They also track cases through special computer programs designed specifically for court use and use microfiche or computer servers in cloud servers for storing information. Specialized court case management computer programs can get very expensive. Thus tribal courts will use more specialized recording devises and computer programs with larger caseloads but when the caseload is small they will simply use Microsoft word, a tape recorder with a counter, and a locking fireproof cabinet to serve the needs of a court of record. 

Recording hearings: Recording hearings with cassette tapes or digital alternatives such as Speech2Data’s portable digital recorders provides a permanent record of hearings for the tribal court and a record for the tribal court of appeals to review. It is important for the tribal court clerk to take notes during hearings to assist in identifying who was speaking on the tape, and to note any other relevant information that the tape recorder could not capture. It is handy to have a recorder that has a an accurate date and time counter such as S2D’s VT300 and VT800. These digital recorders can ensure Clerks capture the speaker’s identity, which makes it easier to retrieve information later from the recorder. Following the hearing, each case can be archived electronically and stored in local or cloud based servers. Files should be identified by the case name, number, and date. Tapes should be securely stored in a permanent file. 

Case Files: Each case should have its own file. The case files should be organized in a consistent way to make it easier for the clerk and judges to find papers quickly. Some tribal courts use different colors of labels or files to more easily identify different types of cases. Case files are often kept using a two hole punch and metal fastener at the top of the file folder. One logical way to organize case files is to file all documents in chronological order with the most recent document on top. This eliminates the need for removing all documents in the file every time a new one is filed. Files organized this way are read from the back to the front.

The types of things that go into the case file are any petitions or complaints filed in the case, statements of mailing and return receipts, tapes of hearings, written minutes of hearings, copies of all correspondence (letters, memos, emails), copies of documents such as birth certificates and medical records that apply to the case, documentation of payments such as foster care that have been made, and case notes. Case notes are made by the clerk or other court personnel that note details of conversations and contacts with people about a case. They might include the date, who was contacted and how, specific information exchanged, and any other significant details such as if the person was very angry or intoxicated.

Confidentiality of Records: It is very important to maintain confidentiality and control over records by keeping them securely locked up. Securing actual papers (hard copies) is one issue, and securing computer files on a hard drive or stored on an offsite server location is another. One rule of thumb is to keep hard copies behind at least two locks, such as a locked fireproof cabinet inside a locked room. Fireproof storage is the safest for hard copies of records that may need to be accessed far into the future such as those involving adoptions. Computer files can be protected by computer security systems and by keeping computers themselves in locked offices. A policy should be made on how long to keep various kinds of records.  Some records such as adoptions should be kept forever. In order to store files copies may be sent out of the village to non-profit Native organizations, the BIA, or some other secure place for permanent storage.

Most state and federal court files are considered public record and may be reviewed by any interested person. However, it is advisable that the tribal courts establish some guidelines and procedures about which files are confidential, who may review confidential files, and when and how this can be done. Additionally, in order to avoid lost case files, the tribal courts should set guidelines for lending, specifying whether or not files may be removed from the office, under what circumstances, and by whom.

Case numbering: Each tribal court case needs a number for identification and there are many systems for numbering cases from which to choose. One easy system for courts with a low caseload is to use the year and then number in sequence of when the case started.  For example, the third case of 1990 would be 90-3. A master list with case numbers and names of people involved may be kept for each year and filed in the front of the case files. Some courts use an alpha-numeric case numbering system. The type of case is indicated in letters, the year the case began is indicated, and a sequential number for each case filed in a category is given. For example, JV00-35 would be the 35th juvenile case filed in 2000.

Court Calendar

A court calendar (sometimes called a ‘docket’) is an essential way to keep track of hearing dates and deadlines for sending notices. Tribal courts with very low numbers of cases may use an ordinary wall calendar for this task or other simple computer calendar programs. The clerk usually is the person designated to keep the court calendar current. The clerk is also typically responsible for reminding judges in advance of any dates to allow them to prepare and schedule their time accordingly.

Tribal Court Forms

The use of forms is essential for consistent and effective tribal court operations. A good rule of thumb is to use forms that are as simple as possible but still accomplish what needs to be done. They should be clear, easily readable, and legally sound. There are lots of available already created template forms for tribes to review and from which to choose. They don’t have to create their own new one each time.  However, forms from another tribe or source need to be modified to fit the particular needs and rules of each tribe.

Some sources for court forms include:

• Tanana Chiefs Conference, Tribal Government Services 907-452-8251. Court Forms. https://www.tananachiefs.org/services/tribal-court-governance/court-forms/
• Sample tribal court forms from Wisconsin Tribes compiled by Wisconsin Judicare Inc.: http://www.judicare.org/Content/Publications__Court_Forms.cfm
• Tribal Law and Policy Institute, California, 323-650-5467
• Other tribes that are willing to share their forms
• Some case management software programs include automated court forms that can be modified by the court buying the software.
• State court

At Speech2Data, we support small towns and communities in areas across the United States that are underserved for their access to federally funded services and critical information. While Speech2Data's hybrid meeting recorder is an ideal solution for these communities for use in their municipal and court settings, we strive to provide additional information that would assist in areas that include technology and beyond.