"Ask the Judge" Column continues in Sunday's La Prensa, 10-16
Ask the Judge: JP Clerks expedite the process
By Judge Steve Walker
For thirty-two weeks running, “Ask the Judge” has addressed nearly every possible aspect of the judicial process in Justice of the Peace Court to include: updating new laws, truancy, juvenile disorderly conduct, evictions, small claims, and all forms of misdemeanors like traffic tickets, various writs, contempt of court, and the appeals process.
One area that has not been addressed to date is the role of the clerks who are the first ones plaintiffs/defendants and attorney’s alike encounter before their opportunity to speak with the judge.
In many cases once the defendants/plaintiffs speak with one of the twelve clerks that man the twelve counters in Justice of the Peace Pct. 2 lobby, concerns and questions raised by those expecting to stand before the judge are successfully addressed by the clerks themselves to the satisfaction of the party involved.
The first time someone wishes to file papers to evict a person from their premises for example, the clerk handles the paperwork, accepts the filing fees and forwards the notice to vacate to the constable’s office for papers to be served. Once the notice has been served, the clerk then notifies both parties and schedules a trial date.
The same process occurs when someone files in small claims against someone.
When truancy offenses occur, the schools file the paper work with the clerks and notices are sent out to the parents of the truants along with their children cited with a copy to the school attendance officers who show up to court to present the case to the court. The attendance officers act as the representative for the school districts.
When the students and parents show up for their court date, they check in with the truancy clerks who pull their record that will be taken into the courtroom and handed to the judge who will review the file with the attendance officers to decide what will be done on the offense.
A clerk also sits in the courtroom and once the judge has decided a course of action he hands the clerk the file and the parents are called by the clerk who in turn explains what is expected of the student and parent.
As far as the misdemeanor docket is concerned, (predominately traffic violations) the same procedure of checking in with the clerk takes place. However, the defendant may choose to deal with the clerk by paying the fine, sign up for defensive driving to keep the moving violation off their record or ask for some options such as time to pay the ticket without having to face the judge in the courtroom.
If the defendants choose not to work with the clerks they still have the option of waiting to see the judge if they choose. The clerks are a valuable asset to the court in moving the process forward in a timely manner.
“Lastly as always, if you are due in court, be sure to show up to court on time. It is in everyone’s best interest.”
Justice of the Peace, Pct. 2 Steve Walker is a Vietnam Veteran and a former Journalist.
By Judge Steve Walker
For thirty-two weeks running, “Ask the Judge” has addressed nearly every possible aspect of the judicial process in Justice of the Peace Court to include: updating new laws, truancy, juvenile disorderly conduct, evictions, small claims, and all forms of misdemeanors like traffic tickets, various writs, contempt of court, and the appeals process.
One area that has not been addressed to date is the role of the clerks who are the first ones plaintiffs/defendants and attorney’s alike encounter before their opportunity to speak with the judge.
In many cases once the defendants/plaintiffs speak with one of the twelve clerks that man the twelve counters in Justice of the Peace Pct. 2 lobby, concerns and questions raised by those expecting to stand before the judge are successfully addressed by the clerks themselves to the satisfaction of the party involved.
The first time someone wishes to file papers to evict a person from their premises for example, the clerk handles the paperwork, accepts the filing fees and forwards the notice to vacate to the constable’s office for papers to be served. Once the notice has been served, the clerk then notifies both parties and schedules a trial date.
The same process occurs when someone files in small claims against someone.
When truancy offenses occur, the schools file the paper work with the clerks and notices are sent out to the parents of the truants along with their children cited with a copy to the school attendance officers who show up to court to present the case to the court. The attendance officers act as the representative for the school districts.
When the students and parents show up for their court date, they check in with the truancy clerks who pull their record that will be taken into the courtroom and handed to the judge who will review the file with the attendance officers to decide what will be done on the offense.
A clerk also sits in the courtroom and once the judge has decided a course of action he hands the clerk the file and the parents are called by the clerk who in turn explains what is expected of the student and parent.
As far as the misdemeanor docket is concerned, (predominately traffic violations) the same procedure of checking in with the clerk takes place. However, the defendant may choose to deal with the clerk by paying the fine, sign up for defensive driving to keep the moving violation off their record or ask for some options such as time to pay the ticket without having to face the judge in the courtroom.
If the defendants choose not to work with the clerks they still have the option of waiting to see the judge if they choose. The clerks are a valuable asset to the court in moving the process forward in a timely manner.
“Lastly as always, if you are due in court, be sure to show up to court on time. It is in everyone’s best interest.”
Justice of the Peace, Pct. 2 Steve Walker is a Vietnam Veteran and a former Journalist.
Editor's Note: This is the 33rd consecutive Sunday column run in La Prensa. Next week we will visit the topic, "Wanna be on the Judge Judy Show?"
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