Opinion
September 12, 2003.
On October 25, 2000, this court entered an Order that authorized the chief judge of a judicial district to curtail, to the extent deemed practical and necessary, the time during which the clerk of district court offices within a district are open to the public. This action was approved as a temporary measure for addressing unmanageable backlogs in many clerk of court offices caused by insufficient staffing and increased responsibilities. Statewide staffing cuts in January 2002 further aggravated the problem.
Although reducing public hours does not directly affect operating expenses, it provides clerks' offices time to focus on reducing backlogs. It has also enabled offices time to reorganize following reductions in staff. Since the budget cuts, many clerk of court offices have adjusted their business practices to improve workflow, and some offices are sharing staff and responsibilities with clerks' offices in nearby counties. The chief judges of the judicial districts have advised this court that while statewide clerks' staffing levels have not changed, many offices are now in a position to resume normal public hours.
Moreover, the judicial council recently approved the following recommendation to the Supreme Court: "The council recommends that all clerks' offices be open to the public during regular business hours, from 8 a.m. to 4:30 p.m. However, the chief judge of the district may approve reducing the public hours of an office when exceptional circumstances exist, but only between the hours of 8 a.m. and 9 a.m., and 3:30 p.m. and 4:30 p.m. If due to an emergency or illness only one person is working in an office on a given day, that office may be closed during the noon hour so long as the district court administrator's office is notified in advance." In addition, the Legislative Study Committee on the Organization of the Offices of the Clerk of District Court recommended uniform hours for clerks' offices throughout the state.
Therefore, it is the Order of this court:
1.Effective October 1, 2003, the public hours of all clerk of district court offices shall be during regular business hours, from 8 a.m. to 4:30 p.m., Monday through Friday, except state holidays or when the chief judge of a district has approved reduced hours for an office within the judicial district. The chief judge of the district may approve reducing the public hours of an office only when exceptional circumstances exist, but in any event offices must be open to the public between 9 a.m. and 3:30 p.m. In addition, if because of an emergency or illness only one employee is working in an office on a given day, that office may be closed for up to one hour to allow the employee on duty to take a mid-day break so long as the district court administrator's office is notified in advance.
2.The clerk of district court offices affected by this order shall immediately post notices within their respective courthouses to inform the public of this action and shall notify the county attorney, local law enforcement, local probation services, and other government agencies that conduct regular business in the office.
3.The chief judges shall inform the state court administrator of any clerk of court office that is operating with reduced public hours by order of the chief judge on or after October 1, 2003.