Court clerks are paid well, but a look at their duties shows why

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At first glance, the position of Circuit Court clerk in Virginia seems a cushy job for veteran politicians as well as newcomers.

For starters, the eight-year term is envied by most office-holders. Others who hold local office must campaign for re-election every four years, while delegates to the state’s General Assembly must hit the campaign trail every two years. Court clerks get eight years per election.

The salary isn’t shabby, either.

CLERKS' SALARIES:
  • Buchanan, Beverly S. Tiller, $95,616
  • Dickenson, Joseph H.Tate, $83,512
  • Lee, Beverly Anderson, $99,441
  • Scott, Mark Taylor, $99,441
  • Smyth, Jimmy Warren, $97,328
  • Tazewell, James E. Blevins, $107,609
  • Washington, Tricia Phipps, $100,457
  • Wise/Norton, Jack Kennedy, $104,474
  • Wythe, Hayden H. Horney, $99,441
Related:

Phase II

Phase I

The Virginia Compensation Board reports that court clerks’ salaries are determined by the populations they serve. Most counties in Southwest Virginia fall into the 20,000 to 39,000 population level, which gives clerks a minimum salary of $99,441. Mid-sized counties, such as Wise, Washington and Tazewell, have a count of between 40,000 to 69,000 people, putting the salary at a minimum of $104,475.

So it’s not unusual for Southwest Virginia clerks to rake in more than $800,000 during an eight-year term.

But the job requires plenty of work. According to the Virginia Court Clerk’s Association, a Circuit Court clerk has 800 duties. The Virginia Compensation Board lists many of the basic duties as collection of fines, court costs, forfeitures, penalties and restitution required by the judicial process.

A clerk and his or her staff also must make monthly reports to the Virginia Supreme Court about the money collected. The information additionally is tracked each month by the governor’s office, and helps state budget officials to forecast revenues.

Other duties can include issuing marriage licenses, probating wills, maintaining property records, keeping track of civil and criminal court cases, preparing court orders, maintaining jury lists, contacting jurors and issuing summonses for court procedures as well as concealed gun permits and passports.

One of the few things a court clerk does not have to do is give legal advice. Clerks, by state law, cannot provide any legal advice to the public.

State Sen. Phillip Puckett, D-Lebanon, said the lengthy term and compensation for clerks were set by Virginia lawmakers long before he was elected. The House of Burgesses, Virginia’s first legislative body, established the clerk’s position in 1619.

“Historically, the Circuit Court clerk position was probably the position in the county that dealt with all the important records,” Puckett said. “It was a pretty important office. The issue of continuity is an explanation for the eight-year term.”

Puckett compared the lengthy term and the benefits of continuity with the term for Virginia’s governors, who can’t serve consecutive four-year terms. The senator said it often is difficult for a governor to accomplish much in a single term.

“The clerk’s office needed that continuity to establish the recordkeeping system that we have today,” Puckett said. “A pretty good system was set up.”

The continuity also is important for maintaining vital and important land and court records, he added.

Jack Kennedy, Circuit Court clerk for Wise County and for the city of Norton, said the eight-year term also coincides with the term given to Circuit Court judges.

“It does provide continuity among the judges and clerks and generates stability in judicial administration,” Kennedy said.

It also ensures little political turnover with the staffs, he said, noting it would be disastrous for a new clerk to get rid of a current staff and hire all new workers.

“The jobs are fairly complex,” he said. “I learn something all the time.”

Many in the public are unaware that a clerk invests money in certain situations, Kennedy said. The clerk holds money for juveniles or for property owners whose property was seized by the Virginia Department of Transportation for road construction, he said.

A clerk makes daily trips to the bank to deposit various fees and revenues collected, he said. The money then is deposited electronically into the state’s general fund.

Patti Page Church, a Lee County attorney, said clerks have an overwhelming number of duties.

“It’s also basically a big accounting office,” she said, adding that the preservation of public records is vital.

“You don’t know how important it really is until you go to look for a record. When you get into real archaic property records, you realize how important clerks are. I guess people kind of take that job for granted until it is important for them to get those records.”

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