In the last few years, the Fairfax County, Virginia Clerk of Court’s office has made big changes to how people can access court records online. Under the former Clerk, records were available digitally, but users had to pay to view them. At the time, Fairfax was the only place in Northern Virginia that charged for this kind of access, and it became a key issue in the 2023 Clerk of Court election. One candidate, Chris Falcon, pledged to improve the system by making records easier to access, especially for people whose first language isn’t English. After winning the election, Falcon kept his promise and immediately began making changes. Now, anyone can search for basic case information (things like case numbers, hearing dates, and charges) for free. The online tool also gives information in the seven languages most commonly spoken in Fairfax. This expanded access helps a lot of people: anyone from small businesses on tight budgets who want to check records before hiring contractors, to renters looking for landlord dispute cases, to people with traffic or civil cases who need to appear in court. Language access is particularly helpful for multi-lingual families, who don’t need to rely on translators as often when searching for information. Overall, the changes have made the local court system more accessible and user-friendly.

Sources: FFX Now, August 2023 and July 2024

Term limits: no term limits for parish Clerks and Orleans Clerks; some City Court Clerks have term limits, which vary by city. Terms are four years

Eligibility: to serve in local government, you must be eligible to vote in Louisiana, and must have lived in Louisiana for at least two years and in your parish for at least one year (except for some City Clerks, who just need to be a current resident of their parish)

In Louisiana, there are four types of elected Court Clerks. All of them are responsible for maintaining the records of their court, but the specifics vary a bit:

• Parish Clerks of Court
  Every parish has one elected Clerk, except for Orleans, which has two. The parish Clerk of Court is an important election administrator, in charge of maintaining voting equipment, training poll workers, and qualifying candidates. (They don’t provide voter services like registration and absentee ballots, though – that’s the job of the Registrar of Voters.) They also maintain all official court records for both civil and criminal cases, and property-related records like deeds and mortgages. They provide many services to the public, including issuing marriage licenses and serving as a notary.
• Orleans Clerk of the Criminal District Court
  Orleans divides its parish-level court system into civil and criminal divisions. In Orleans, the Clerk of the Criminal Court is the parish’s election administrator, and has the same election-related duties of parish Clerks in other parishes. This Clerk also maintains all the court’s legal records related to criminal cases and makes them available to the public when needed, and oversees all the administrative work that keeps the criminal court system running.
• Orleans Clerk of the Civil District Court
  Orleans divides its parish-level court system into civil and criminal divisions. The Civil Clerk’s office has two divisions. The Civil Division handles civil case paperwork, including things like personal injury, foreclosures, divorces, and child support. The Land Records Division maintains property documents like deeds, sales records, and mortgages. Orleans residents can visit this office to file civil lawsuits, research property ownership, or access other civil court records.
• Clerk of City Court
  In Louisiana, many cities have their own City Court. Each of these courts has a Clerk, and some of them are elected. City Court Clerks manage court records, schedules, and paperwork; help process cases; process fines, fees, and other payments; and oversee administrative staff. They also serve as the Court’s official record-keeper. 

Sources: the Louisiana Clerks of Court Association; Louisiana Secretary of State; Louisiana Revised Statutes; Jefferson Parish Clerk of Court; Iberville Parish Clerk of Court; St. Charles Parish Government; Orleans Parish Clerk of Criminal Court; Orleans Parish Clerk of Civil Court; City of Baton Rouge

Term limits: none; terms are four years

Eligibility: to run for any office in North Carolina, you must be at least 21 years old and eligible to vote in the state

Every county has a Clerk of the Superior Court, who manages all the legal records for cases that go through the area’s local courts (including the District Court, even though it’s not in the name!). The Clerk handles both civil and criminal matters, and also has some judicial powers. The Clerk’s most important powers and responsibilities are:

• Managing court records
  If you need legal records for any civil, criminal, or traffic matter that was dealt with in a local court, the Clerk’s office is a great place to start
• Overseeing probate hearings
  Probate is the process of making sure a deceased person’s will is legally valid, paying any debts they may have, and distributing their estate. If there are any questions or conflicts over the estate, hearings can be held to resolve the issue. As a judge of probate, a Clerk can also oversee guardianship cases, divorces, adoptions, name changes, and some foreclosures
• Some judicial powers
  Clerks can issue subpoenas (requiring people to appear in court or produce documents in court), administer oaths, certify evidence, issue citations and orders, and hold people in contempt of court
• Appointing and removing guardians and trustees
  A guardian is an adult who’s authorized to make decisions for a person who is unable to care for themselves, and a trustee manages financial assets on behalf of someone else. These roles come with a lot of power over a beneficiary’s life and finances, and careful decision-making is needed to prevent abuse and exploitation
• Managing the Clerk’s office
  Depending on how busy the local courts are, the Clerk may oversee a large team of deputies and assistants
• Court records only
  The Clerk’s office does not handle property records or vital records like birth certificates – in North Carolina, that’s the job of the Register of Deeds office.

Sources: the North Carolina Constitution, Article IV and Article VI; the North Carolina General Statutes Chapter 7A; the University of North Carolina School of Government; Durham County Clerk of Superior Court’s office

Term limits: none required by state law; terms are four years

Eligibility: to run for office in Pennsylvania, you must be a registered Pennsylvania voter. 

In Pennsylvania, every judicial district has a Clerk of Courts, which handles criminal court records, and a Prothonotary, which handles civil court records, and in every district except the 1st (Philadelphia), these roles are elected. Most judicial districts are just one county, but a few have two counties. In many districts, one person performs both jobs, and a few of these counties call the job something different – find out who your local court officials are here. The Clerk of Courts and Prothonotary offices serve the public in different ways.

Clerk of Courts: criminal court procedures and records

• Maintains criminal and juvenile court records
• Maintains records of convictions, bonds, emancipations and expungements
• Collects court costs, fines, and fees that are owed to the court by criminal defendants
  If you owe anything from a criminal court case, this is where you’ll make the payment
• When the court is in session, may swear in jurors or perform other administrative duties
• Makes records available to the public when needed
  You can visit this office to view or get copies of records
• Provides information about the criminal court process
  Ask this office if you have questions about jury duty, filing an appeal, expunging an old conviction, posting bail, and more

Prothonotary: civil court procedures and records

• Maintains civil court records
  Including records of civil trials, arbitration hearings, building agreements, landlord-tenant disputes, family court proceedings, and more
• Issues marriage, divorce, adoption, and name change certificates
  Visit this office if you need official copies of these records
• In some counties, the Prothonotary’s office issues U.S. passports
• Makes records available to the public when needed
• Notarizes documents
• Provides information about civil court processes
  Ask this office if you have questions about obtaining records, getting a passport, family court issues, and other civil matters

Sources: the Constitution of Pennsylvania; the Pennsylvania Consolidated Statutes, Title 16 Chapter 123 and Title 42 Chapter 27; Dauphin County Prothonotary’s Office; Buck’s County Prothonotary’s Office; York County Clerk of Courts Office; Montgomery County Clerk of Courts Office

Term limits: none; terms are eight years

Eligibility: to run for Clerk, you must be qualified to vote in Virginia, a resident of the county you want to represent, and have been a resident of Virginia for at least one year. 

Every Circuit Court in Virginia has an elected Clerk. Most counties and independent cities have their own Circuit Courts, but a few lower-population counties share a court, which means they’ll have the same Clerk as well. The job of the Clerk dates back to the 1600’s, and has over 800 different responsibilities defined in state law! Some of their most important duties are:

• Keeping all official court records
  And making them available to the public when needed
• Maintaining property records
• Acting as a judge for probate matters
  Probate cases are about wills, estates, and other issues related to a deceased person’s property and assets
• Issuing licenses
  Including marriage, concealed carry, and hunting and fishing licenses
• Court-related administrative tasks
  Including preparing court orders, maintaining jury lists and contacting jurors, issuing  summonses, and making sure all court proceedings run smoothly

Sources: the Constitution of Virginia; the Code of Virginia; the Virginia Court Clerks’ Association; Bland County Government; Spotsylvania County Government; Northampton County Government