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Fairfax Circuit Court Tbe~ moftbe Justice S stem in Fairfi County 1985 .. Annual Report
Presented by the Faiifax Circuit Court Faiif~ Virginia • Introduction.· ,
.~"'''------I
Judges Barnard F. Jennings William G. Plummer Thomas J. Middleton Richard J. Jamborsky Lewis Hall Griffith F. Bruce Bach Quinlan H. Hancock Johanna L. Fitzpatrick J. Howe Brown Jack B. Stevens Thomas J. Fortkort Clerk of Circuit Court Warren E. Barry Fairfax County Board of Supervisors John F. Herrity, Chairman Martha V. Pennino Joseph Alexander Thomas M. Davis T. Farrell Egge Nancy K. Falck Elaine McConnell Audrey Moore James M. Scott County Executive J. Hamilton Lambert 10?-')..'5 • I~troduction
''I think the first duty of society is justice. "
Alexander Hamilton (1757-1804)
102215 U.S. Department of Justice National Institute of Justice This document has been reproduced exactly as received from the person or organization originating it. Points of view or opinions stated in this document are those of the authors and do not necessarily represent the official position or policies of the Nationai Institute of Justice.
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PAGE 1 Thble of Contents
I. Introduction Letter of 1tansrnittll ...... " 3 Message from Chief Judge ...... , , , , .' 4 Message from Clerk of the Court ...... 5 The Court Organization ...... , 7 II. The Judiciary Judges Section...... 8 111e Rand Study ...... ~:...... 9 ~:~:~~ offi~~ ...... ~r;j~' .. '\' ...... 9 III. a\S"A~ .. His·. t?rical Section ...... " .~.. ~ l~' .... \; ...... 1°1 MissIon statement ...... N:!l··...... • . . • . . • . . • j • • • • • • • • 1 E~t.''', !;I ". ~ Financial Statement...... ' .;.~';- ...... "'~. .~...... 12 Court Services ...... ""~ , ...... i.' ...... 13 Ptbli1 CSe rvlce. D'"IV1S10n...... {:c~:""f:'AlI!I'-r:~rVTO~ .."",~.,,,t.,""'" .•.• . . . . . • •~ . . . ~ . • ...... 14 LandRecords ...... ~.- ...... 16 N. COurt Administration Court Adrn.inistration ...... 17 Records Management...... 18 The Court Clerks...... 18 The Law Clerks...... 18 The Cr.irnillal Docket and Caseflow...... 19 The Grand Jury ...... 19 The Civil Docket and Casetlow ...... " ... 20 The Jury Clerk...... 21 Internships ...... , , . , ...... 26 v. COurt Automation ...... 22 VI. Probation...... 25 VII. Public Information...... 26 VITI. Circuit Court Archives ...... 26 IX. The Fairfux Law Libraty ...... 29 X. Statistical Appendices ...... 30
PAGE 2 ~~_~~,--,-,-,~.'r J""""[""·i"">ff.)r·~"d"o~81:£F'"j&0t\i'tri'hh'·i4f;tr'..:t,~~~~~~:-';{~jtb;'b."N'h'i>"bldX'1·;;~'KU91'),""""!"'~-.m,.Wibii'ti"e\!R'\::il'£"'MP;t"@~i1,;,"r~·"i:")ii'Jl.f~~ COMMONWEALTH OF VIRGINIA QIirtuit QIoud of Jlfnirfax QJoltnt~
FAIRFAX. VIRGINIA 22030
WARREN E. BARRY GLENN T. DRYDEN CLERK OF CIRCUIT COURT CHIEF OEPUTY MARK A. ZAFFARANO COURT ADMINISTRATOR JUNE Y. ATTMANSPACHER PUBLIC SERVICES
TO: Chief Judge Barnard F. Jennings and the Judges of Fairfax Circuit Court, Warren E. Barry, Clerk of the Circuit Court, a11 court personnel, and the citizens of Fairfax County. It is my pleasure to submit to you the first Annual Report of the Fairfax Circuit Court. The purpose of the report is to provide an informative review of the Court's activities for 19~5.with a narrative and statistical format. This report serves to inform the publi€;cOnCerlling. the operation of the judicial system as well as its role in state and local ·goverrtment. I ackn01Qledge and'thank the Judpes, the Clerk, all employees and other professional colleagues for their generous contributions regarding the nrel1aration of this publication.
Sincerely,
('/}7/l.fJ.A.i {( •• . ,;:~1.," ;"Z,'(···4~ £4. ~fl ~ Mark A. Zaffarano Circuit Court Administrator
PAGE 3 NINETEENTH JUDICIAL CIRCUIT OF VIRGINIA Fairfa)( County Judicial Center 4110 Chain Bridge Road Fairfax, Virginia 22030
COUNTY OF FAIRFAX CITY OF FAIRFAX CITY OF FALLS CHURCH
BARNARD F. JENNINGS WILLIAM G. PLUMMER THOMAS J. MIDDLETON RICHARD J. JAMBORSKY LEWIS HALL GRIFATH JAMES KEITH F. BRUCE BACH LEWIS D. MORRIS QUINLAN H. HANCOCK BURCH MILLSAP JOHANNA L. FITZPAmlCK RETIRED JUDGES J. HOWE BROWN JACK B. STEVENS THOMAS A. FORTKORT JUDGES
The Nineteenth Judicial Circuit of Virr,inia, composed of the County of Fairfax and the Cities of Falls Church and Fairfax, has jurisdiction over a portion of Virginia rich in history, controversy and achievement. We are all proud of the fact that Fairfax County was the horne of George Washington. Many of his thouf,hts, ideas and plans relating to the inception of these United States orip,inated in our county. Numerous events in the War between the States took nlace in this vicintity and in the immediately adjacent jurisidictions of Alexandria City, Arlinrton and Prince William Counties, formerly a part of this circuit. We are fortunate to enjoy one of the most modern, functional and advanced courthouse buildings in the United States. The building was completed and occupied in June of 1982 and is the result of the combined efforts of the Board of Sunervisors, the County Executive, Fairfax Bar Association, Clerk of the Court and his staff, Federation of Civil Associations, several individual civic associations, Fairfax County Chamber of Commerce, Judges of this Circuit, the news media and most of all a majority of the voters of Fairfax County who sUf>ported the Bond referendum. Many, if not all, of the judicial buildinp-s erected in the U.S. durin?, the period of 10 years or so prior to the commencement of the Fairfax County Judicial Center were studied by personal observations of the actual building or by view of the architectural plans. We have benefited by the wise decisions of others and avoided their mistakes. A 'veIl designed and functional building dnes not necessarily in and of itself create an outstanding system of justice. We have, however, through innovations al',d a spirit of cooperation between the members of the bar and the court, as well as runong the judges themselves, established a judicial system that hasically is working well. Wi th few exceptions all felony criminal cases are tried wi thin 30 to 60 days or less from the time they reach this Court. If the attorneys desire a trial date on civil cases, they can usually secure one within 60 to 180 days or less. Our jury system is unique in the utilization of jurors and has been well accepted by the individual jurors, litigants and attorneys. Our computer system is one of the most advanced. The land records, trial docket and practically all other information and records of the court utilitize the computer. The Clerk's Office has a pilot project for off-site access to our public records that is apparently successful. The Clerk and his staff, the Sheriff's Department, the Judres, the attorneys practicing in this circuit, and the legal community as a whole are workinr well together. Generally speaking, I feel that we do have a system of justice in Fairfax County of which we can be proud and one that we arc constantly striving to improve.
Barnard F. Jennings
PAGE 4 COMMONWEALTH OF VIRGINIA ill ircuit QIoud of Jlfctirfax QI01tl1t~
FAIRFAX. VIRGINIA 22030
WARREN E. BARRY GLENN T. DRYDEN CLERK OF CIRCUIT COURT CHIEF DEPUTY MARK A. ZAFFARANC. COURT ADMINISTRATOR JUNE Y. ATTMANSPACHER PUBLIC SERVICES
As an elected Consititutional Office holder, my principle responsibility as the people's representative in the court system is to administer the many services provided to the public and professions. During the 1985 year, the Clerk's Office continued to accomplish change and re-organization as necessary in meeting the needs of those utilizing the judicial process. The demands upon the services provided by the Circuit Court continue to increase and we have responded with continued expansion of automation and use of modern technology. One of the more exciting projects undertaken by the Circuit Court in 1985 was CPAN (Court Public Access Network) which will, after completion of the pilot program, allow subscribers to access all.court information from their in-house computer. This is a most uqique service with the Fairfax Couty Circuit Court being a pioneer in an undertaking 'iith such broad nerimeters. Interest in the program is receiving national attention and firmly establishes the fact that Fairfax has one of the most progressive and best circuit courts in the country. Our staff, in excess of 100, performs a vast variety of duties, requirinp- a sundry of skills, ranging from computer technicians to courtroom para-ler-als. For the most :part, the general public is not aware of the mnnerous functions and services provided by the Clerk's Office. It is hoped that in viewinr this report, the reader will benefit in a better lmderstandinr of the court system and the services it offers to the general public.
Sincerely,
Warren E. Barry Clerk of the Circuit Court
PAGE 5 The Court Organization
Before the reader eX~U11ines this annual report in detail it is necessary to discuss what type of individuals work in the Circuit Court and spend their professional time within the Judicial Center. This court organization consi:;ts of over one hundred dedicated employ ees. Most employees are county resi dents who have devoted their entire working career to the Circuit Court. There arc over thirteen hundred practicing attorneys who are mem bers of the Fairfax Bar Association. These counselors-at-law are familiar with the majority of Circuit Court employees who work behind the scenes to assist them in the efficient processing of their court cases. Like wise, county citizens arc familiar with the va;ious clerks who have an swered their questions and who have provided direct assistance to them the sponsorship of mock trials for work and they seek to uphold the regarding a wide range of services Fairfax County high school students public's trllst and confidence which such as marriage licenses, passport held at the Judicial Center. Through has bcen delegated to them as public applications, land record questions, out the year, various Judges have cmployees. Court cmployees adhere details about a particular case, juror spoken to students in their court to the Code of Ethics adopted by information, as well as providing a rooms whenever high school govern Fairt~lx County on January 9, 196~, myriad of other facts and data. ment classes have visited the Judicial anti they have sworn to "uphold the The Judges playa key role as Center. In conjunction with George Constitution, Laws, and legal regula public servants in terms of donating Mason Law School the Judges have tions of the l Tnited States, the Com their time and professional expertise served as panel members, modera monwealth of Virginia and Fairfax beyond their daily courtroom case tors for continuing legal seminars, County, and never be a party to their related responsibilities. They h~lve and s~)ecial judges of moot court c\'asion. " emphasized their public minc.ledness competitions for second year law Thl' Clcrk's Office produces a by donating their time to a variety of students. On numerous occasions, bimonthl\' ncwsletter known as the special public activities. For example, members of the judiciary have ad COlll't Rej}()l't('r which is published dLlring Il)H,), severalJudges have de dressed community and civic groups. fOt' all COlll't cmployecs. This news livered talks and speeches to several The .Judges remain active "within their letter j)rO\'ides a direct means for legal associations within the COIll profession and attend legal sl'minars maintaining dfl'ctive communication munity, including the young lawyers with their colleagul's from other dr throughout all sections of the office. section or the Fairfax B,ll', the entire cuit cOllrts throughoLlt the Common The COllrt RC'/}()/'tC'/' tlissl'minatcs per generaimembership of the Fairfax wealth of Virginia. tinent information which is applic Bar, the Association of Legal Ad The goal of the Clerk's Office Staff able to the personal anti organiza ministrators, and pal'ticipated in mvJ the Judges is to provide one tional needs of the employees. Cur orientation programs for new attO!' hundred percent effort in their rcnt activities, rcccnt C\'l'nts and neys, as well as attended se\'eral respective jobs to all citizens of the mel'tings arc listl'tl within this publi othel' legally oriented functions. Nineteenth Judicial Circuit. These cation in mdl'l" to kl'l'P all staff In addition, the Judges shared in men and women take pride in their informed about tht' Circllit Court. Preceding page blank PAGE 7 II The JUdiCia~ , ':~. .:' Judges Section
The Nineteenth Judicial Circuit encom Judge Barnard F. Jennings is cur With the dramatic increase in passes the County of Fairfa..x, and the rently the Chief Judge of this Circuit. population and business growth in cities of Fairfax and Falls Church. He Is elected by his fellow judges, Fairfax County, each year there is a Before 1979, it became readily evi who select among themselves one corresponding rise in the number of dent to citizens of Fairfax County for this post. This major role respon civil suits filed and heard by the Cir that these facilities, which were used sibility is in addition to his daily cuit Court. during the 17th and 18th centuries, court agenda, and not one where the These judges in Fairfax County were outmoded and inadequate to selected judges' stipend is greater, or work conscientiously, diligently, and efficiently and effectively serve the one who has a longer tenure but, impartially to uphold the oath of of vast populace of this County. The rather, one where his duties are more fice they took to see that individual Circuit Court of Fairfax County, in demanding and complex. These in- justice is rendered to each and every The Judges playa key role as public servants in terms of donating their time and professional expertise beyond their daily court room case related responsibilities.
1982, moved to the newly erected Judicial Center located in the City of Fairfax. Prior to that time the old Courthouse, also located in Fairfax City, was the center of all court activity. CbiejJudge, Barl/ard I·: Jellllillgs, add/'esses Ibe [/((111((:>: 8m' AssoclatiOIl durlllg I/Jeil' lIIolltb{V The Circuit Court of Fairfax Coun lIIeeting beld on NO/'e/llbe/' 14, 1985. ty is comprised of eleven judges. Some of the judges were elevated c1ude case assignment of the daily citizen who appears in court. from the General District Court and court calendars, the calling of the In addition, the Judges seek to im the Juvenile and Domestic Relations civil and criminal term day dockets, prove the administration of justice by Court, while others were practicing overseeing the administrative aspects introducing special court projects. attorneys. Usually, the judges are of the court, and appearing at cere For example, this year the Circuit recommended for their respective monial functions. Judge Jennings and Court will hear civil motions by positions by the local bar association county personnel expended much telephone conference calls evety members, and are elected by the time working closely with architects week day morning between 9:00 General Assembly of Virginia to a and planners designing the Judicial a.m. and 9:30 a.m. This experiment term of eight years. Should an unex Center, as well as during the actual saves the attorney travel time and pected vacancy occur when thiS law building of the project. It is through expense associated with appearing in making body is not in session, the their concerted efforts that this court. Furthermore, this procedure Governor of Virginia will make the building will adequately serve many enables litigants to have access quick interim appotntment. generations of citizens in the future. ly to a Judge for purposes of hearing
PAGE 8 II, ~he Judiciary " .
~~~~:.:t:~~1,. __ .. ,...... ~._ .. ______--'-.~:.; __' ... "~"""";= Fai//ax Circuit Om/'I Judges, i eil'euit q/ ViI;qillia. S(!C1/('d (from rigbl) T/.n' HOl/om/)le 1Z1O/lUlS A Forlkorl, T/.lI! Fim/O/'{/ble 7Z1O/I/(/S J. ,lliddMolI, '{be l/oll()mIJIL' }J(/I'I/a/'d F. Jellllillgs. nle r/()//(J/'{/ble lI'illimll (/. 1'1/111/111('/', Tbe J/()//(J/'l/hle Riebll/'d}. .I(/I/Ihm:\·k.l'. Sial/dillg (thulllejf10 I'igbl) '/Zle F/cl/Io/'{/h/ejl/ck n. Slel'ells, '/Z1(' f[o/u}I'(//J/eJ(J/1(/)/IU1 r.. Filz/wlrick, 'lZn' U(J//(Jrtlhle Quill/till 11. I/{///('()ck. nn'I/()//(J/'l/hle Judge Related f.eu'is Fl. (/1'i/lUb. 'lZn' [/c)//omlJle F Bl"llce }Jtlcb. alld 71.1(' Flc)//(Jrtl/JIL' J lIoll'e Broil'//. Statistics an important or an emergency mo it is faster, cheaper, or involves less The Fairfa.'C Circuit Court has more tion, The American Bar Association emotional stress for litigants to ar authorized judgeships than any other has encouraged courts throughout bitrate, settle their cases with or circuit court within the Common the country to consider this kind of without the help of a judge, 01' pro wealth of Virginia, Based upon sev· program for adoption and they have ceed to trial. Rand does not know eral statistical categories, Fairfax Cir endorsed telephone conference what effect these alternatives have on cuit Court is considered to be the motions. case outcomes, on litigants' costs, on busiest and largest trial court in the The Judges maintain active com time spent in litigation, or on how state. The following statistics reflect munication and cooperation with the litigants evaluate the justness of case the active caseload ~ll1d workload local bar associations, Recently the outcomes and the fairness of relying activity of the court: Fairfax Bar and the Circuit Court have upon these procedures to dispose of approved the introduction and util ization of arbitration for civil lawsuits as an alternative to formal trial ad judication, Arbitration has the poten 19..~5 tial to offer litigants a speedy and in I. Authorized Judgeships: 11 expensive means for having their dis Population per Judge: 63,499 putes or conrlicts heard by a neutral Judicial District Population 698,490 third party who has no direct interest in the outcome of the case, II. Age of Concluded Civil Cases a, Cases filed 0-12 months ago 5,931 The Rand Study b. Cases filed 13-24 months ago 1,222 c. Cases filed more than 2 years ago 350 The Institute for Civil Justice and the Age of Concluded Criminal Cases Fairfax Circuit Court are sponsoring a a. Cases filed 0-30 days ago 1,532 study of the effects of different b. Cases filed 31-150 days ago 2,041 dispute resolution procedures on c. Cases filed more than 1SO days ago 242 litigants. Trial courts in the United III. Total Cases Commenced States have over time introduced 1,1,555 a. Civil cases commenced per judge 909 significant changes in the pretrial b. Criminal cases commenced per judge 414 phase of lawsuits. The most common procedures that today supplement IV, Total Cases Concluded 13,182 "out-of-court" settlement and trial a. Civil cases commended per judge 805 are judicial settlement conferences b. Criminal cases concluded per judge 394 :U1d court arbitration. Despite the re V. Total Pending Cases Per Judge 1,421 cent attention that these procedures have received from policymakers, VI. Jury Trials Per Judge 44 Rand has little systematic data about Jury Days Per Judge 63 their effects on litigants. There have been no empirical studies of whether
PAGE
9 II The Clerk's Office " . Fairfux County Courthouse History
The Fairfax County Court met for took care of official County of the county court well after the the first time on December 16,1742 business. This included the issuance War of Independence. in a Courthouse located at what is of licenses and collecting ta.\:es to Justices played a role in the selec now Tysons Corner. Neither this nor hearing litigation and holding elec tion of all other county oWcers. The the second Courthouse, built in tions. The type of cases they heard Clerk of Court was elected, but other Alexandria, was preserved. ranged from matters involving new including the sheriff, coroner, inspec The General Assembly's order to citizens or the condition of County tors and commissioners for special relocate the Courthouse was not roads, to Civil suits and Criminal duties, and militia officers below the specific as to the site of the structure. preliminalY hearings. rank of brigadier, were commission In May of 1790, a commission waS The County Courthouse, in ed by the governor from lists pro up pointed to inspect a site near Virginia, was the focal point of vided by the justices. Ravensworth which proved to be When Virginia joined the Con unsuitable. federacy in 1861, the Fairfax Court In May of 1798, Commissioners ceased meeting; the presence of were appointed to inspect a site at Union troops and the possibility of Earp's Corner owned by Richard arrests made it unsafe to gather. The Ratcliffe. After inspection, the site first officer casualty of the war took was approved. Ratcliffe sold four place on the Courthollse grounds on acres to the County for one dollar the morning of]une 1, 1861, in an and the deed was recorded on June exchange of fire between the War 27, 1799. renton Rifles and a Union Calvary, in Bids were made for the construc which John Quincy Marr, a Captain tion of the Courthouse. John Bogue of the Rifles, was fatally shot. und Nungo Dykes were the The Courthouse was used during Successful bidders. this period by both Union and Con Construction of the third Court federate troops alternately. Many of house was completed late in 1799, in the Court's records were either the town of Providence, or present destl'Oyed or removed and never day Fairfax City. A half acre was recovered. On the 19th day of reserved to build an office for the J:U1umy, 186~, less than three weeks Clerk of the Court. The orginial four after the Presidential Emancipation, acre track did not provide adequate public affairs. It was the scene for the Fairf:L\: Coun convened for the space for the jail yard and other social events and market days. Until first time in almost five months, grounds making up the Courthouse 18'52, the Court was essentially a self.. Many changes occured during the compound. Thus, in March 1800, a perpetuating body comprised of the last quarter of the nineteenth cen new survey was prepared by William leading men of the County. tury. A number of public offices ap Payne. This survey was for ten acres Officers of the colonial court serv penred and disappeared. Growth of which allowed for sufficient space ed various functions. Highest held of the county led to the expansion of for accommodating courthouse, jail, fice W~lS that of the justices, who this structure and eventually resulted clerk's office, gallows and pillory, a were originally designated as "com in the ·construction of the Massey stable, a storehouse, and possibly ~m missioners" and later refered to as Building, a government center com ordinary. "magistrates". In Virginia, however, pleled in 1969 and to the construc AprH 21, 1800, marked the first members of the Court became tion of a new five-story Judicial recorded meeting of the Court in the known as "Gentlemen Justice". Center complcttc.l in 1982. "new" courthouse. These were lifetime appointments. As The source of information in the Between 1840 and 1861, it was there was no compensation for those foregoing ~\rticle was secured from: decided that the Court would meet holding this office, it was considered Netherton, Ross D and Waldeck, on the third M()nday of each month. an honorable obligation fm those Ruby. The Fairfax County Court Leading men of the County assem who were in a position to perform it, hOllse, Fairfax County Office of bled, acting as "Gentlemen Justice" The Governor appointed the justices Comprehensive Planning, July 1977.
PAGE 10 Duties of the Clerk of the Court and Correlati11g "Geneldl Mission" atid Goals of theAgency
The clerk of the circuit court is a and clerical services (including jury constitutional official; Le. his office is functions) necessaty to accomplish mandated by Article VII, Section 4 of such resolution economically. The the Constitution of Virginia. General goal of the Court Services Division is provisions of this office are also set to provide support to the judges of forth in Section 15.1-40.1 of the the 19th Judicial Circuit Court and to 1950 Code of Virginia, as amended. maintain, in accordance with the The clerk is elected to an eight-year Code of Virginia, a records manage term by voters of Fairfax County, the ment system which will provide for City of Fairfa.'C, and the City of Falls continual retirement of files, keep Church. Warren E. Barry is the Clerk records current, and reduce of the Fairfax County Circuit Court. operating space. The goal of the He began his term on January 1, Public Services Division is to provide 1984. The clerk handles administra prompt and efficient service to the tive matters for the court and also public with respect to filing of Court has authority to probate wills, grant actions, the recordation and certifica administration of estates, and appoint tion of legal instmments, the pay guardians. He is the custodian of the ment of traffic fines, the issuance of court records and the recorder of licenses, and processing of judgment deeds. Marriage licenses are issued by liens and other public records. The the Clerk. goal of the Land Records Division is, The clerk of the circuit court in accordance with the provisions of fuIt1lls his responsibilities with the the Code of Virginia to record, assistance of dedicated Fairfa.'C Coun Clerk ofCourt, Wan'el1 E. Barry is responsible for preserve, and safeguard all documents the culministrative duties of the court and ty personnel. The office is composed custodian Of court records and tbe recorder of pertaining to lat1d and property and of an administrative staff and five deeds. The elected Clerk hegan bis term on to provide convenient public access divisions as follows: jtmuary 1,1984. to same. The goal of the Comp- Court Administration Court Services Public Services Land Records Comptroller It is the general goal of the clerk's office to provide an efficient system of judicial administration and to maintain a reliable public records system for the citizens of Fairfa.'C County, and the Cities of Fairfax and Falls Church and provide the leader ship and administrative skills necessary to afford responsible ser vice to the legal community and the general public. 77:Je Clerk s office Administrative Staff. From left to rigbt, Mark Zaffarano, june Attmal1spad;;er, Glenn Dryden, Sharon Hanzel, Faitl; Kaudel'S, Ba/'t",1ra Heffron, Dolores 7estennan, jane Deliee, Sbirley BUcklf!Jl In the effort to meet this goal, the andjoonBreen. administrative staff of the office monitors program efficiency and ef It is the goal of the Court Administra troller's Division is to account for, fectiveness, defines evaluation tion Division to insure appropriate and disburse as directed all monies criteria and goals, and provides an and prompt resolution of all cases, collected by the clerk and to manage analysis of fiscal needs with regard to and to provide the judges of the Cir the court bookkeeping and auditing workloads and goals and objectives. cuit Court with full administrative functions.
PAGE 11 • .' The Clerk's Office ' Financial Information
The Clerk's Office maintains a finance and accounting section con sisting of six employees whose responsibility is to monitor all finan cial transactions. Their workload consists of coordinating funds f1'Om three sections of the office including Public Service, Land Records, and Court Services (criminal) who collect court fees for a variety of purposes such as fines, taxes, and other ad ministrative services. All revenues received by this section are shared by the County, the State, and the Clerk of the Circuit Court. Chart 1 depicts revenues collected and distributed during the past five years by the Fairfax Circuit Court finance and accounting section. This section prepares a state budget for the Circuit Court Clerk's Office which must be approved by the Virginia Compensation Board. Each year this section submits to the Clerk a budget request for the Coun ty. The Clerk's share of the total revenues collected in excess of the total budgeted amount is divided as follows: one-third is allotted to the State and two-thirds to the County treasury. The State utilizes their por tion of the additional Fairfax Circuit Court funds to help the Common wealth of Virginia. The Clerk's office finance and accounting section remits to the State their share of the L~'- Front, Mal), Miller and Robin Henderson rr!l'iewing tl;e general ledger. Back,Jo(ll/ Breen clI/djeall excess fees from the Circuit Court on Pczrrisb preparing a finClncial report. a monthly basis. The Clerk's Office is audited annually by the State and if dition, a number of reports and Court Clerk's Office according to any discrepancies are noted, then schedules are compiled throughout general ledger accounts. these matters are resolved at that the year. Some of these reports must Employees of this section have time. be available for the State auditors to responsibility for projecting revenues This section must also monitor examine while others are utilized as pertaining to the County, State, and special funds and make deposits into primary sources of management in Clerk general and subsidiary ledger a savings account those monies formation for the Clerk of the Circuit accounts. The forecasting reports arc associated with active civil court Court and his administrative staff. At produced on a monthly basis. Cur cases until such time as a court order the end of each fiscal year the rently, County funds have been ap is received by this section for finance and accounting section proved to design and implement a disbursement to the actual parties prepares a final report detailing the new automated financial information connected with the court case. In ad- financial condition of the Circuit system.
PAGE 12 The Clerk's Dffice . .'. .. • " .,JI Court SenTices Division
The purpose of the Court Sen'ices Division is to provide administrative and clerical support to the judges, lawyers, and citizens of Fairf~D( County. This Division is divided into five scparate sections: Criminal, Mo tions docket, Data elltry, Supreme Court Appeals, and Court of Appeals. The workload of the Court Services Division represents a function of the court's caseload activity, as well as the changing demographic, legal, and economic conditions affecting
CaIIJerine Locke, Supelvisor 0/ Recorc/s JHallagement prepcm'ng court/iles.
Ktllby jacksoll assisls county police office!: C/X/rlene Hopkins searcbes/ol' case in/ormation 011 compuler 10 allswer pbone request. The workload of the Division represents orders that fines, court costs or a function of the restitution must be paid by the court's caseload defendant, the Criminal Section must monitor and collect these fees. In ad activity, as well as dition, all criminal evidence introduc changing economic ed in court is retained by this sec Employees jJelfol7ll dala (mil,! All Pleadillgs alld tion. Monthly administrative reports conditions within Orders arrJ pmcessed Ihmugb Ibis seclioll. are issued to state criminal justice Fairfax County. Siallding,jackie Hollingsunrlb, sealed,jtllline agencies, including the Department Hubbard and Lisa Grayson. of Corrections and the Division of Motor Vehicles. In 1985, 4"54 criminal cases were filed. The motion's docket section processes and schedules all civil Fairfax County in terms of the total motions filed by attorneys for the litigation activity entering the Circuit weekly Friday Motions Day. The Cir Court. cuit Court will hear motions on The Criminal Section is responsible Fridays only. The request to place a for preparing all court cases held for motion on the docket must be filed presentation to the Grand Jury as in the Clerk's Office by "1:00 p.m. well as all criminal cases on appeal evety Tuesday prior to the desig from the General District Court and nated Friday motion schedule. Indi the Juvenile ~U1d Domestic Relatiolls vidual motions are limited to thirty Court. Personnel maintain all search minutes of courtroom argument. warrants and affidavits filed with the During 1984, 1:\,:\85 motions were Anolmel/rom tbe Ciuil Admillistration Se::liotl Clerk's Office. Whenever a judge heard as compared to 14,029 allsll'erillgpublic inquiries.
PAGE 13 The Clerk's Office motions in 1985. The moving party who flles the notice of motion may withdraw their motion prior to Thursday at 4:30 p.m. The Data Entry Section is responsi Public Service Division ble for transforming legal documents and information filed with the Court of the Clerk's Office in the form of civil pleadings, court orders, and subpoenaed records into the creating of identical automated flle records. The final results of court cases are entered into the computer whenever final orders are presented to the judges. During 1984, approx The Public Service Division of the change of names, personal injury imately 69,666 pleadings and orders Clerk's Office assists the public by cases, garnishments and attachments. were handled, while for 1985 a total providing prompt and efficient ser Furthermore, this section issues of 74,847 were processed. vice regarding the filing and process witness subpoenas for all civil court The Court of Appeals was ing of all civil lawsuits, the recorda cases. Public Service personnel established January 1, 1985. The tion and certification of legal in- discuss with the public what ad Clerk's Office maintains personnel ministrative procedures must be who prepare the Circuit's case taken to flle a case in the Circuit records whenever an appeal case is Court whenever any citizens choose directed to the Court of Appeals of to legally represent themselves. the Supreme Court. Other staff members prepare and distribute orders of publications to various newspapers. Growth of the During 1985, the number of county eventually fiduciary cases processed within the Fiduciary section increased by 13 %. led to the construc The specific workload within the tion of the Judicial Fiduciary section includes the pro- bate of wills, the acceptance of wills Center, completed for safekeeping, guardianships, adminis in 1982. tration of estates, oath administra- tion, and authorization of ministers to perform marriage ceremonies. An appeal can be made to the The following statistical informa Supreme Court after entlY of an tion and narractive description Order of the Circuit Court dealing Court staff assisting tbe public witb Notat" Public highlights the major activities of the with Civil cases, Habeas Corpus Applications and Passports. Public Service Division: cases, and any case not under the Management jurisdiction of the Court of Appeals. struments, the issuance of marriage Indicators 1984 1985 A Notice of Appeal must be filed licenses, the administration of judge within thirty days from the entlY of ment liens and other public records, Chancery Cases the Order of which you are as well as the payment of traffic Commenced 5922 6009 appealing. fines. Whenever citizens of Fairfax Law Cases County require assistance, or have Commenced 3734 3992 Other Services special questions involving the court, Fiduciary Cases Another important responsibility of usually they will be served by per Processed 12,574 14,265 the Court Services Division involves sonnel working throughout the Financing the adminstration of divorce and vatious sections of the Public Service Statements adoption records. The Clerk's Office Division. Citizens will often appear in Recorded 12,490 13,258 coordinates their work regarding the Public Service Division seeking Judgement Liens adoptions with the Virginia Depart assistarlce in obtaining passports, in Recorded 8,6'±8 10,341 ment of Welfare and Bureau of Vital terpeting and storing a will, obtaining Records. During 1985 there were a marriage license, the issuance of a Passport Applications 359 adoptions flled. The Virginia notary commission, and assistance in Passports applications are process Bureau of Vital Records received the administering an estate or probating ed and forwarded to the Passport monthly divorce report from the Cir a will. Office in Washington, D.C. for is cuit Court. Approximately 3,567 final The Civil Intake Section accepts, suance. This convenience eliminates decrees of divorces were recorded for uing, all Chancery Law actions, the travel time to the Washington by the Court in 1985. including divorce cases, adoptions, D.C. Office.
PAGE 14 • The Clerk's Offic~ ,
Marriage Licenses Issued Marriage Licenses are issued by the Clerk of the Circuit Court. The fee is $20.00 cash. Both parties must ap pear before the Clerk to obtain a license and must be eighteen years of age or older (proof of age required) or, if between sixteen and eighteen, must have formal parental consent. During 1985 a total of6861 marriage licenses were issued. Notary Public Applications The Clerk's Office approves Notary Publics for the State of tions. All persons doing business in the Circuit Court Clerk's Office. Fairfa..'<: County are required to Virginia. During 198'), a total of These records are now available 2330 Notary Public applications register the trade name with the from the computer. were processed. Clerk's Office. During 1985 a total of 3665 trade Financing Statements Recorded Wills for Safekeeping name applications were processed. A financing statement is a notice The Clerk's Office accepts wills for Judgltlent Liens Recorded that a creditor has a priority lien in a safekeeping. Upon notifications of specified collateral. It may be in the testator's death, the Clerk will deliver (Abstracts ofJudgments) The Circuit Court Clerk's Office form of an original, continuation, ter ~ will, previously held for safekeep mination amendment, aSSignment or mg, to any person entitled to offer records the Circuit Court judgment liens and judgments granted in other collateral release. the will to probate the executor or During 1985 a total of 13,258 administrator. jurisdictions in Virginia. The recorda tion of the judgments become liens financing statements were processed. Administers Oaths against real estate located in Fairfax Oversees Return of Ballots Oaths are administered to all per County. and Poll Books After Each sons appointed to official offices by During 198') a total of 886 judg the State of Virginia and local ment liens were processed. Election government. The Clerk is responsible for CIJa'rters overseeing the return of ballots and all poll books after each election. Authorization of Charters are received from the Marriage Celebrants State Corporation in Richmond, These official records are returned to the Clerk's Office and are available to Virginia, and then indexed and All ministers In the State of Virginia the Secretary of the Electoral Board recorded in the Circuit Court must be authorized to perform mar for canvassing and the verfication of Records. The charters for corpora riage ceremonies. Out of state the total votes. The Clerk's Office ac tions located in Fairfax County are ministers must also be authorized by cepts notices of candidacy filed by sent to the Clerk's Office. the Clerk of Court or a]udge to per independants for any office. Cer During 1985 a total of 12,389 form marriage ceremonies in the tification of this notice of candidacy charters were processed. State of Virginia. is sent to the Secretary of State Elec toral Board and the Fairfax County Fictitious or Trade Names Delinquent Real Estate Taxes Secretary of the Electoral Board. The FictitiOUS or trade names include in Delinquent taxes through the year Clerk is required to maintain the dividual partnerships and corpora- 1981 are recorded and collected in ballots for one year.
PAGE 15 • Th~ Clerk's Office land Records
The Land Records division of the representing approximately S22,000 Fairfax County Circuit Court con pages filmed. It is estimated that ap tinues to lead the Commonwealth of proximately $163,740 was saved in Virginia (and the entire metropolitan FY85 by filming documents in area) in volume of land-related trans house rather than sending out the actions. The effects of a locally materials to be produced as hard booming economy are reflected in copy. At the end of the fiscal year the highest levels of recording to 1985, deed books numbered 6,172. date: a total of 126,598 instruments Every day, approximately 600 film (documents) were recorded in fiscal copies and another 600 book copies year 1985 for a total revenue of of the various documents on record $24,755,994.14; average daily are requested by and produced for ,recordings numbered 513 for the the public. year, a 7% increase over FY84 and At present, the Land Records divi 42 % over FY83. The low occurred sion has approximately 20 full-time on January 17 with 309 documents staff members divided almost equally recorded, and the high on June 28 Jean Lavin tracing a deed of trust ill olle ofLand between its three sections: Record with 1,017 documents (901 followed Records deed books. ing, Computer (data entry), Micro graphics. There are an additional eight to ten employees hired as Chartl seasonal/temporary help during the Fiscal Instruments Percent Revenue Percent busy summer surge. Year Recorded Change Collected Change Currently, Land Records is involv 1985 126,598 +5% $24,755,994.14 +15% ed in a major reorganization effort 1984 120,024 +34% $21,607,261.'58 +'58% that will include the following 1983 89,278 +27% $13 ,6S 1 , 197.46 +42% endeavors: 1982 70,183 -25% $ 9,62S,004,48 -2'5% 1. increased cross training between 1981 90,957 -9% $12,779,448.72 -01 % sections: 2. production of a training/ on July I, 1985 for the beginning of ranges for both individuals and procedural manual; the new fiscal year). Average families. 3. rearrangement of systems furn monthly recordings for FY85 In order to cope with ever iture to facilitate better job numbered 10,550. increasing demands, the Land performance; In additional to falling interest Records division has been automated 4. continual monitoring of work rates, several other factors contribute since 1980. Documents recorded on procedures to provide for to these current increases: Fairfax one day appear in the daily index the changes where necessaty; County encompasses a large land next working day. Names, indexed S. possible automation of recording area, two-thirds of which is by the Computer section of Land procedures: undeveloped and still growing. Records numbered 431,810 in 6. increased tracking of legislation as Because of the County's proximity to FY85, 80% of the total for the Cir it pertains to land transactions in Washington, D.C., it attracts new cuit. In addition, there is an in order to suggest further changes bUSiness which in turn provide jobs house micrographics department and/or efficiently insure current for a fast-growing popUlation. Fairfax which films the deed books and laws are fo1iowed. has also been targeted as a high-tech other court related information such L:md Records division continues to center due to its location near the as Charters, Wills, Marriage Licenses, strive to perform as a well organized' governmental center for the nation Clerk's Orders, and Fictitious (trade) team in order to serve the people of and proximity to a major university. names. In FY8S, a total of 261 Fairfax County in an efficient and Finally, Fairfax County has one of microfilm cartridges were produced courteous manner and provide ac the Nation's highest median income (191 of which were deed books) curate and up-to-date information.
PAGE 16 • C~~rt Administration > Court Administration
The office of court administration assists the Judges and the Clerk of the Court with the nonjudicial ac tivities of the Court. This office is in volved with both case and jury scheduling. In addition, modern I_~ administrative methods are utilized in day-to-day court operations. The of fice serves as a promoter of court technology and innovation. The court administrator and his staff func tion within general management areas rather than within specific legal areas. In addition this office assists at torneys, members of the public, and litigants by providing current infor mation pertaining to individual court cases and specific case events. The capability to conduct court related research is an important Docket clerks prepare and coordillate tbe COtll't's~di;a;{ilh:J,;W;:;-).k~roa.dTtlc~iiiTz:;;U;tio:~Jth'"""' responsibility for this section of the attomeys'schedules. Clerk's Office. For example the Rand 8. Coordinate scheduling with Institute of Civil Justice has selected court reporters, interpreters, and The court adminis Fairfax County Court as a pilot test other nonjudicial personnel who site and research participant for have daily contact with the trator and his staff studying the effect of litigant satisfac court. tion upon their preference to choose 9. Assist the Sheriff's Office, the function within among three different possible Commonwealth Attorney's Of general manage methods for hearing civil disputes. fice, Police, and other criminal The following are general m~U1age· justice agencies in daily court ment areas rather ment activities: operations. than within specific 1. Analyze pending court caseload 1(). Provide assist;mce to the Clerk's and project statistical trends. Office and the Judges concern· legal areas. 2. Evaluate and implement ing a broad range of administra automated systems to produce tive tasks, future planning ac quired decrees, orders, and rules special performance reports. tivities, conferences, including of the court are implemented. 3. Remain accountable for efficient service to the public and the 14. Institute more effective and effi management of court records. news media. cient court procedures and work 4. Serve as a Iiason to county agen 11. Develop innovative ideas, ex with other court administration cies and programs which affect perimentation, and introduce personnel in the county from the daily court operations. new state-of-the-art court teth the General District Court and '5. Select, train, and develop the nologies to improve court the Juvenile and Domestic nonjudicial staff. operations. Relations Court. 6. Review productivity statistics I» Communicate with state court 1'). Analyze proposed legislation and and assist in preparation of the administration personnel regard advise personnel regarding the court's budget submission. ing the business of the Fairfax anticipated impact upon the 7. Respond to public information Circuit Court. court of all approved legislation inquiries and review manage 13. Supervise support staff to the as well as change internal ment information reports. Juclges and insure that the re- operating procedures.
PAGE 17 . . Court~Admi"istratioFi ' . • .I Records Management Section; Circuit Court Clerks; Law Clerks
Records Management Section This office is charged with the im portant role that records play in the overall Circuit Court operations. Over the years, there has been a marked increase in the amount of paperwork being initiated, circulated, and filed. Seven full time employees retrieve court files for the Judges, clerk's office staff, the public and at torneys and ~mswer phone inquiries from citizens throughout the nation. Clerk's Office correspondence is pro cessed and filed by records manage ment staff. In addition, the Court's COllrt Clerks assigned to Work witb Ibe CirclIit Court judges. Sf!(Ilecl,/rom Ie/I 10 rigbl, Donna Gerlb, jeff record retention schedules are Blandx//'cl, Ninajoyce, Diane Karlen, Susan 7lmjield. Standing/rom left 10 ligbl, Claire SCeI7'C1, Kalie SWCII1, LeslieMinOl; Lynn Frederick, Bomlyjones, 717ldy \'(Iborlon. carefully tracked and monitored. Specific categories of rccords arc of all exhibits during trials. Notes are Court orders has decreased marked declared inactive and disposed within taken by the Court Clerk during both ly. It is estimated for the year 198';, the prescribed statutory time limits criminal and civil Court proceedings approximately 4';54 criminal cases established by the Virginia Public relating to the incidents of trial. will have been completed with ap Records Act. As the Court's workload These notes are later utilized by the proximately 24,000 orders processed continues to expand the records Court Clerk in preparing court orders by the COlll't Clerks. management section's volume in in criminal cases, and in addition, Court Clerks, in many instances, creases proportionately. serves as a basis for assembling all serve as a liaison with the Sheriff's For civil case files alone, the total necessary documents for appeal Department, Adult Detention Center, number of chancery cases maintain purposes. Commonwealth's Attorney's Office, ed by this section exceeds 95,000 Instruments prepared by the Clerk Probation Office, and Attorneys prac files. The total number of law cases include: general criminal orders, ticing before the bar. exceeds 73,000 files. Furthermore, bench warrants, capias, rules to show 39,200 fiduciary files and 25,000 cause, scire facias, two and five year LillI' Clerks closed civil case files are retained orders, probation referrals, Division Each year three law clerks are hired from the General District Court. of Motor Vehicle abstracts, Jail cards, for the staff of the Circuit Court. The and jail credit forms. clerks arc law school graduates who Circuit Court Clerks Revocation hearings are scheduled have successfully passed the Virginia At present, there are eleven Fairfax by the Court Clerks in addition to State Bar Exam. Each year between County Circuit Court judges. Each other hearings specified by his or her eighty and one hundred applications judge is assigned a Court Clerk judge. are received for the three positions. whose functions range from assisting Accuracy is of vital importance as The law clerks assist the cleven Cir the judge in the courtroom, to it relates to the responsibilities of the cuit Court Judges with research on preparing the proceSSing of various Court Clerk. All case results and various complex cases that come Court orders and Court related other matters relating to each case before the Court for decision. The documents. are entered into the computer by the cases, both civil and criminal, some Specifically, a Court Clerk's duties Court Clerk. This information is times reqUire that detailed research in the courtroom, among others, in utilized by Court personnel for memorandums citing related cases clude: administering oaths to Inter docketing and statistical purposes as ,md applicable law be prepared to preters, Court Reporters, Grand wei! as a source of information. assist the judges in their decisions. Jurors, Petit Jurors, Commissioners, With the aid of word processors, The three clerks serve for a period of and Witnesses. They are custodians the turnaround time for processing one year, commencing each August.
PAGE
18 II. Court Administration , ' CritnhJal Caseflowand Docket Aclminjstration; Grand Jury
The criminal docket clerk is responsi Chart I ble for the daily criminal calendar.
After obtaining the criminal files from Typical Progression of Criminal Felony Utlg:ulon the Clerk's Office, she prepares the cases for each respective day. This entails contacting each defense at· torney, and each prosecutor assigned 1 ~~,~.h", .... It.".. • "O"I.!f<"""""'Ii'l"'~lr.M to a specific case in order to ascertain i ! ...... ~.JI'I!Im:rur>ho ..~ the anticipated time status. After con sultation with both parties, she is able to ascertain whether or not a jury is necessary. The Clerk checks to see if a jury had been set earlier, whether or not a plea is anticipated and, in either event, the approximate court time that will be expended on the case. In the Circuit Court of Fairf:L"{ County, Monday through Wednes day is set aside for the hearing of all criminal cases. Thursdays are devoted for misdemeanor trials, and Fridays are the pre-arranged criminal lished for processing all felony cases carcerated defendants are given a sentencing days for the eleven from time of af1'est through trial. For grand jury in the interim month. At Judges. All criminal motions are also misdemeanor cases the National this time the Grand JlIl'ors heat' about heard on Fridays unless another addi Time Standard from arrest to trial fifty individual cases. The incarcerated tional day is specially designated by should not exceed ninety days. In defendants already have a court date the Chief Judge. Fairfax, felony cases take no longer which is given to them at the time The Criminal Docket Clerk plays than one hundred fifty days from of the preliminary hearing, thus an important role in the orderly flow arrest to trial and the cases are usually eliminating another term day. of the daily criminal agenda. At the concluded within sixty days. Chart 2 depicts total criminal cases end of the day, and again the next Chart 1 illustrates the typical stages filed from 197'5 through 1985. morning, the docket clerk delivers a of a felony trial. printed copy of the final schedule to the Chief Judge for the assignment of Chart 2 cases. This will include any jUlY trials Orand 1m:)} that may have carried over to the The Grand Jury meets every month. Year Number of Cases Filed following day or any emergency They determine whether there is 1975 162S bond motions that have been added probable cause to believe a crime has 1976 181~ to the court's docket. been committed, and if so ~1l1 indict 1977 22~7 On the average, approximately fif ment is returned to the court on each 1978 276S teen felony cases are scheduled per case. Criminal term day Is held the 1979 2771 day ;md sixty misdemeanor cases are following day when each defendant, 1980 ~83:'> set for each Thursday. Fairf;L"{ Circuit who is not incarcerated, appears with 1981 48:'>0 Court processes all criminal cases his attorney to select a court day. At 1982 '1790 swiftly and exceeds national time this time approximately two hundred 198:'> 4994 proceSSing standards. For example, cases are scheduled. These dates are 1984 S006 the National Time Standard of one set within a sixty day term of court. 198'5 ~SS4 hundred eighty days has been estab- To expedite the judicial process, in-
PAGE 19 II Court Administration' ,
Civil Caseflow and Chart 3 Docket Administration Each day throughout the year, the l'ypk:tI Progression of Civil !.lUsation civil docket clerk contacts local at tOl'11eys to obtain their time estimates regarding all Circuit Court trials which have been scheduled for the following day. Some case time estimates range f1'Om a half day to three weeks or longer depending upon the type of case. On the average day in CIrcuit Court, approx imately 25 to 35 civil cases are scheduled for the Judges to hear. The civil docket clerk has automated management information reports available to assist her with this work. Every two months, new civil cases ~lfe ~ldded to the court's annual case workload through a special schedul ed courtroom proceeding know as Civil Term Day. Ordinarily over 300 new cases are assigned a specific date the court ate available for judicial receive their case aSSignments. Due for trial. This scheduling effort in review. to the close scrutiny by the civil volves coordinating the court's docket clerk, the court can more ac- schedule with hundreds of lawyers The Civil Docket Clerk and their daily work schedules. Civil The civil docket clerk has the Chart 4 Term Day does not last the entire responsibility of contacting each at Year Number of Cases Filed day but rather one brief hour. During torney involved in all civil cases 197'5 (),"120 198'5, approximately 1,670 new cases assigned on a given day. She will 1976 6,'584 were assigned trial dates in cour determine whether or not a settle 1977 6,62·j troom 5E. The Court continues to ment on a case is eminent, whether 1978 7,063 perform efficiently by exceeding the or not there will be a jury trial, and 1979 7,8()6 approved national civil time stan the anticipated court time to be 1980 8,~176 dards for case processing adopted by utilized on each case set on the 1981 8,9--+9 the Conference of State Court Ad docket. Civil matterli are heard every 1982 9,')92 ministrators on July 29, 1983. These day of the week with the exception 1983 1I,2·,H * standards insist that all civil jury of Friday, which iii set aside for Civil 198·j 9,6()() cases should be tried, settled or Motions, Criminal Motions and im 198'5 10,001 disposed of within 12 months of fil pOliition of sentence in felony cases. • TlJis figure includes 1,232 cases ing or service of complaint, which The civil docket clerk delivers to /iled regarding one de/elldllllt. ever comes first. the Chief Judge a daily printed listing Chart :; illustrates the typical legal of the scheduled cases, along with Clll'ately determine the number of stages associated with the processing her case time elitimateli, and all jurors needed, and the need, if any, of any civil court case regardless of necessary files. Should a case become to secure additional visiting judges, case type. At each stage the Judge resolved by the parties or if a case is especially during heavily c\ocl 20 .' Court Administration . tant measure of the court's \vorkload has fluctuated over the years in ac cordance with the judicial circuit's Juror Utilization population growth and the county's 1985 changing economic conditions. lum" Ileportlng Jury Clerk Each year approximately 10,O(x) Jum" t',ed for \blr Illre names are selected at random by a Jum" Iktumlng I'lt Multiple computer from the voter registration Ii')t. 'Iliitl A qualification questionnaire L'l sent to each person chosen andL<; separated when retmned into magisterial cll')tricts. jury Commissioners from each magl'lterial district, appointed by the Circuit COllrt judges, screen the questi01uu'lires according to statutOLY guidelines. Those determined to be qualified m'e selected as a pool from which jurors are drawn throughout The court has a "start-strike" system which enables us to have a very high percent juror usage. jurors reporting initially are given a brief orientation by one of the judges of the Circuit Court, supplemented by the jury clerk. ~ use a call-in system for jurors. At orientation the jurors are instnIcted to call for a recorded message the (.'Venlng before their assigned day each week to detem1ine whether he or she shall report for jury duty. Every effort is made to call in the minimum number the year. serves one c.lay per week for a two month of jurors necessary. Our cL'lily goal is to Each teon of court approximately 6;0 teml. If a trial tal PAGE 21 II Court Autq,mation '. .' clerks of the Circuit Court judges, the Commonwealth Attomeys, the cOtmty fin;:mce department and other county agencies as necessary. The Assistant Court Court Automation Ad.ministrator and the jury clerk coordinate all jmor scheduling each mOlning with the bailiffs of judges assigned to hear jmy cases. The Circuit Court has a "Slatt- suike" system which enables us to have a high percentage of juror usage. For example, if we have five jury uials scheduled, we Data processing support for Fairfax nommlly call in enough jurors to Slatt 2 Circuit Court began in January 1977 or 3 jl11Y Uial'i at 10:00 PAGE 22 II Court Automation' " .'.. .~: public as well as other County agen program the service provided by plaintiff and defendant names, cies the capability to use on-line CPAN will be evaluated by the pilot pleadings filed, orders entered and transactions for the calculation of participants, the Clerk's Office and scheduled hearing dates and type. pay-off figures and also generates the County. A decision will then be There is also an on-line name index management reports for their lise. made to offer CPAN to the real estate for all plaintiffs and defendants. In 198'5 two new information and legal communities of the Batch support includes: systems were implemented: County . • Indexes (hard copy) • Judgment Information Automation of COllft functions has • Master Dockets (trial schedules) (implemented January 198'5); allowed the COllft to maintain an • Motions Dockets • Criminal Restitution ever-increasing workload with a • Civil Cover Sheets (implemented April 198'5). minimum staff increase. Functions • Exceptions Report Current hardware consists of 31 CRTs, 2 printers and we are now averaging 290,000 on-line trans The goal of CPAN is actions per month. to provide law firms, Remote Access title companies and In addition to the new information systems implemented in 198'5, the other interested Clerk's Office also embarked on a individuals and new area of public service. Early in 1985, the Clerk sought legislative ap businesses with fast proval to provide the public with all and efficient access non-confidential court records main tained in his office, through a remote to land and court access computer system. The en abling remote access legislation related information. became the Court's Public Access Network (CPAN) and has been • Statistical Reports developed to allow access to non • Management Reports confidential CO lift records through the lise of personal computers. Tbe Criminal Case Management goal of CPAN is to provide law firms, that literally took days to accomplish Computer support is both on-line title companies and other interested manually are now done in hours. and batch. The on-line programs businesses and individuals with fast Another benefit is the increased contain arrest information (name, ad and efficient ~Iccess to land and court accuracy of the information. Prior to dress, date of arrest, date of offense, related Information. automation of our Land Records, our bail/bond, arresting officer, social CP AN has been designed to reduce manual system had an 8-10 percent security number, drivers license the number of times users must error rate. The automated system has number, etc.), charges, State/County either come to the Clerk's Office to reduced our error rate to less than 1 charge, all scheduled hearing and research information or telephone percent. case dispositions '>,;hich includes the Clerk's Office requesting As we look to 1986, we plan to sentencing and probation informa information. expand our court's Public Access tion. There is also on-line defendant A pilot CP AN program became Network and to automate om name index. Batch support includes: operational on September 9, 1985 revenue collection and accounting • Index (hard copy) with one law firm and one title com functions. • Master Dockets (trial schedules) pany as subscribers. The pilot com • Motions Dockets panies volunteered to participate in Cilli/ Case lfJallagenumt • Criminal Cover Sheets the CPAN program and pay all Computer suppOrt is both on-line • Exceptions Report monthly communication and com and batch. The on-line programs • Statistical Reports puter costs. At the end of the pilot contain case number, date filed, all • Management Reports PAGE 23 c;purt Automation . Juror Selectioll and Crilnillal Restitution to highlight errors that might have Mallagenlellt been missed at the first verification Computer support is both on-line level. In addition, there is an on-line This system is supported by batch and batch. On-line support includes a grantor name index. Batch support programs. Support allows for defendant summary and a victim includes: random selection of potential jurors summary. The defendant summary • Indexes (hard copy) from "voter registration" files, pdnts contains defendant name, defendants • Exceptions Report mailer questionnaires, produces roll attorney, Judge, pl'Obation officer, books for attendance records, pro sentenced date, total restitution • Repol'ts 1Tsed by Other County Agencies duces juror occupation information amount, victim name, mailing ad reports :md procedures payment in dress, restitution due, terl111>i.lmount • Data Entry Operators Statistics formation for both state and county. and payment information. There is • Statistical Report also an on-line defendant and victim • Management Repot·ts Records Inde.'Y:ing name index. Batch support includes: • Microfiche Production computer support is both on-line • Delinquent Accounts Report JUdgment Il1Jormatioll and batch. The on-line programs sup (one for Judge and one for Computer support is both on-line pl'Obation officer) port all indexing requirements for and batch. On-line support includes Charters, Fiduciary bonds, Fictitious • Monthly collections (all judgment summary which contains Names, Financing Statements, payments processed and total plaintiff and defendant names, defen General! Miscellaneous Index, List of nl110unt collected) dant's address and social security Heirs, Marriage License and Will & • Exceptions Report number where judgement renttered .l Exceptions Report attorne):(s) of recOl'~I, case file ' number, judgment date and descrip The on-line capabil tion, docket date and time. Addi ity has allowed tional on-line support inc:iudes judg ment execution information, judg these agencies to ment release information and defen expedite citizen's dant name index. Batch support in cludes: requests for infor • Indexes (hard cdpy) • Judgment Lien Ducket mation and the issu !:I Levy and ExecLltion Service ance of County Document building permits. • Exceptions Report • Statistical Repol'tS Fiduciary. Batch support includes: Cil'if and Crimiual • Indexes (hard copy) Sen/ice System • Transaction Reports (used for Computer support is both on-line data entry verification) and batch. On-line support includes a • Exception Reports summary record for each individual • Statistical Reports Land Records Indexing who is served in a civil or criminal Computer support is both on-line case. The summary record includes Delinquent Real Estate Tax and batch. On-line support includes plaintiff, defendant or \vitness name, Computer support is both on-line an Index and Verification transaction. service address, hearing address (if and batch. The on-line programs sup A data entry operator will usc the other than court), type of service, port summary information which in .. Index" transaction to enter index hearing date and time (if applicable), cludes property owner's name, mail information from the source docu who is to make service, date docu ing address, brief property descrip ment. A second data entry operator ment was served and how served (in tion, map reference number, tax due, wiII take the source document anti person, posted, not found, etc.). In penalty and interest. Additional on use the "Verification" transactIon to addition to the summary record, line support includes calculation of entel' the same information. The other on-line support includes an in pay-off figures, payment history in computer program ~~ompares tach dex of all persons served and a "case formation and an index to all proper entry and highlights ally discrepan query" which lists all people served ty owner's names. Batch support cies. The verification operatot' must in an individual case. Batch support includes: resolve all discrepancies before includes: • Index (hard copy) master record is \vritten. At the same • Service Generation (batch • Delinquent Accounting time the verification master record is program produces .W different Summary Information written, the record is also printed on types of service documents and • Maximum Payment Report a printer in our office. This printed their "proof of service") • Interest Factor Sheet record is then visually verified 1:1 Exceptions Report • Audit Report against the source document in order • Statistical Reports PAGE 24 .7 Probation '. .' \ ': . Adult Probation and. Parole in FairfJx County The Nineteenth Judicial Circuit, Fair fax County, received its own Proba tion and Parole office in 1977. This agency has grown substantially since that time to a management staff of four, twenty-four Probation ~U1d Parole Officers, and ten sup port/clerical personnel. Still though, with heavy caseloads (averaging 66.18 per officer) and an extremely high turnover rate in staff, more posi tions could easily be utilized. The basic ideologies of probation and parole are similar, however, most of the comments here will be confined to the probation aspects of Chief Probation and Parole Officer, Mary Lee Raymond, testifying as a witness in court regarding tbe facts our function. The work of the Proba olltlined in herpresentence report. tion Officer requires a professional study of the offenders' background, some other sentencing alternative. If an assessment of his/her current probation is considered appropriate, The responsibilities situation and a reliable program of the Presentence Report may help the supervision in the community. Such Court to decide if special conditions of probation and functions require the services of pro of probation, such as substance fessionals trained and experienced in abuse treatment, mental health treat parole al'e numer the humanities and in the treatment ment, or some other alternative ous. Foremost is to of offenders through the develop would be beneficial. ment and utilization of individual and Specific services provided by our ensure the protec community resources. agency which benefit County tion offhe The responsibilities of probation residents are obvious. Each year the and parole are numerous. Foremost Probation and Parole office serves community. is to ensure protection of the com over twelve thousand County munity. Adult Probation and Parole residents and their fanli1ies, pro year. provides services to the Circuit Court viding them with stmctured supervi An effective system of probation of Fairfa..'{ County as well as all local sion, counseling, general infonna and parole stands ready to offer the District Courts. This includes a varie tion, and referrals to appropriate client friendship and encouragement, ty of investigations, reports, and community resources. In addition we personal gUidance, and referral to supervision of offenders in the com aid our clients by providing employ community resources. Probation and munity. Most prominent is our in ment opportunities. The benefit to parole offers a kind of freedom in vestigative work relating to the the County as far as taxes paid and which the individual is encouraged Presentence Report, the primary pur living expenditures is apparent. Final to become a contributing member of pose of which is to provide the ly our office acts as a collection agen society, to provide for the security of Court with timely, objective, rele cy for the County by collecting from his/her family, and to make intelli vant, and accurate data so it may our clientele assessed court costs and gent decisions for himself/herself. determine the most suitable sentenc restitution, hence returning monies Therefore, while probation and ing alternatives. The report includes to victims, insurance companies, and parole is a rehabilitative service, it is information about a defendant's the Court System, thus saving tax also one in which authority must be family history, dmg and/or alcohol dollars. The Probation and Parole Of judiciously exercised and a close usage, mental health, vocational fice is further required by legisla degree of surveillance maintained in background, criminal arrest history, tion to collect a fifteen dollar per order to ensure compliance with the and other pertinent data that may month per client supervision fee Conditions of Probation/Parole and assist the Court in its decision for which is returned to the general fund to protect the members of the probation or for confinement or for of the Commonwealth's budget each community. PAGE 25 B. Public Information " . Internships; Public Information In the Circuit Court there are many floor of the Judicial Center, provides The move to the new Judicial Center opportunities for graduate and a vital link between the court and the inJune 1982 has given the Archives a undergraduate students to gain valu public. The Center acts as a liaison spacious, comfortable, and perma able insight to the essential functions by assisting citizens either by phone nent home, attractive to researchers of the Court and to gain further or in person with directions for of genealogy and Fairfax County understanding of the judicial process locating the Clerk's Office, and other history. Since the move, researchers through internships. There are matters such as where to pay court from 41 states and D.C. have visited basically two types of internships fines and other county information. the archives; numerous letters and available. Other daily tasks include checking telephone calls have been received The first is intended for those who on court cases not listed on the daily and answered. Land, court, and pro are interested in court administration bate records housed in the archives and law related careers. This position are used regularly by title examiners provides career-related educational and attorneys. development through the intern's The archives has undergone im completion of specific court studies portant changes since it was first involving participant observation and opened to the public in June 1982. analytical evaluation. The average in The addition of surplus filing tern of this type has the equivalent of cabinets previously stored on the a Bachelor's degree in criminal jus fourth floor of the Judicial Center, tice and or court related experience. has made possible the expansion of The second variety of internship existing files and exposure of new permits the student to gain familiarity records pulled from wills, deeds, and with court operations. During the court minutes. Marriage, birth, and summer months, many of the perma death files have greatly expanded, as nent employees work with interns to have the records of physici~U1s, complete special summer projects Tbe infO/malion clerksfrom Ibe Office ofPublic """""" clergy, bUSinesses, and other aspects therefore many of the interns, (sum Affairs assisl lbe public eacb day by answering of early Fairfa."'{ County life. The file mer temporaries) substitute as regular courl scbeduling questions Clnd a llClliety ofolber infO/malion. cabinets now house 150,000 3 x 5 clerks among the different sections of cards which offer the researcher a the Clerk's Office wherever they are docket and performing appropriate continuous alphabet of persons in needed. research for additional information, volved in legal transactions from These internships are channeled such as mailing notary applications, 1742-1870. (The file cabinets have directly through the clerk's office as posting dockets, and maintaining a replaced the colorful shoeboxes well as through the county's grad daily log of citizen contacts with a formerly used to house the cards.) uate management and work/study corresponding monthly report based Attractive posters of historic interest programs. The graduate management on the figures. have been hung on walls, expertly program is sponsored for a one year In conjunction with the media, the mounted by the Fairfax County term. The work study program is Information Center maintains a daily Graphics Department. handled through the agency in con newspaper clipping file for the Public junction with several local univer Affairs Office, keeps abreast of cur Historical Collections sities. The work study program is rent public interest court cases, and Archives housed the earliest deeds, designed for a limited time period, maintains a supply of county wills, and minutes of court sessions usually twenty hours per week and brochures and has Metro bus recorded in Fairfax County courts either college credit can be earned or schedules as needed. since 1742. (Deeds after 1866 and a paid internship will be arranged. The importance of the Information wills after 1904 are housed on the Center is readily seen in their role as third floor in the Record Room.) Ar an extension of the County to the chives also houses all circuit court public. Through their contact with and common law orders from 1952 Public Information the Courts they provide valuable and to 1979, chancelY orders from In the Fairfax Circuit Court, the In necessary information to the public 1858-1979, and the Clerk's orders formation Center, located on the first and aid the courts. from 1904 to 1981. In 1973, a pro- PAGE 26 • Circuit Court Archives . ject was begun to index indepth the early minute books from 1749 (1742-1748 are missing), ftmded by the cOlmty through the Fairfux COlm- ty History Commission. The project, in ten years, has produced a com- plete name and subject index, and abstract of the minutes from 1749-1860 on approximately 150,000 3 x 5 cards supplied by the Clerk of the Court, which have been microfiched by a private publisher, marketed, and sold to several dozen libraries and univer sities, including Harvard, University of California, and Miami (Dade Coun ty) Public Librmy System. The ar COllllit' Ring, COllrt Ubmria/l alld !'OIl/II/eel' Smll(JI Zeitlill display /)is/orial records /rom /be chives maintains a microfiche Circuit COllrt Arcbil'es IOCClt'eci Oil tbe 100I'er leu!!1 of tb!!.lllciicial Omt!!I·. reader/printer for public usc. for a full-time microphotographer is Valuable research tools have been includecl in the Circuit Court's Among the most compiled as by products of the in budget request for 1984-8'5); ancl (2) valuable resources in dexing project, and are used by to index the suits on magnetic tape public and staff. The tools include using a computer terminal to be the archives are the about 2,000 marriages prior to 18'5:), housed in the archives connected to a place-name file, births and deaths, the main computer at the county approximately as well as files of categories such as computer center. Application has also 11,000 original slavery, apprenticeships, and military been made to the county Cooperative pensions. Computer Center for progrm1ltning chancery suits Among the most valuable support. dating from the mid resources in the archives are the ap Presently, chancery suits are stored proximately 11,000 original chancery in acid-free envelopes, in numerical 18th century. suits dating from the mid 18th cen order, in metal filing cabinets, in the tlllY. Chancery, a form of litigation archives. Rules governing the grant also benefIted from the expertise of which frequently deals with partition ing of funds by NHPRC states that Vera Espinola of the Smithsonian, of property settlement of estates, and original documents should be acces who has advised us on preservation, distribution among heirs and sible for public use. The documents lighting, and displays. Acid-free creditors, yields such information as arc folded, brittle, and in some cases storage materials are also available to marriage, births, deaths, place names, torn, broken or otherwise in poor us through the Fairfax County plates and surveys, industries, mills condition. Preservation would entail Archives, located in the old Court crops, social and family relationships, flattening and moisturizing, technical house. The director, Dr. George and other aspects of early Fairfax procedures only experimentally at fIruneni, has been generous with County History. To make maximum tempted by archives staff. supplies and staff time. (The County use of the information in the Archives also has been the bene Archives stores the records of COUll chancery papers, archives has made ficiary of the Fairfax County History ty agencies such as Planning, application to the National Historical Commission, which has purchased Sheriffs Department, Board of Publications and Records Commis acid-free envelopes and acid-free Supervisors, and others. Records arc sion for a two-fold grant: (1) to film tissue to be placed between the discarded according to a disposition the cll~U1cery suits from 1742-1904 leaves of original documents to pre schedule governing non-archival on 35mm silver halide film using a vent contact. The Commission has material. Records kept in the Circuit Kodak planetalY camera already also provided part-time staff for the Court archives remain in the jurisdic housed in the Circuit Court (salary archives since 197:). Archives has tion of the Cleric) PAGE 27 II, Circuit Court Archives Valuable original documents have chased more than 30 Original Fairfax call, again and again (but have been recently been added to the Circuit County marriage bonds dated 1788 counted only once) for additional in Court Archives from three sources. from a collector in New York. Both formation on research. A file of "sur Public-spirited citizens such as Mrs. of these valuable iJurchases were names searched" is kept in the Ar RogerJ. Wolz of Johnstown, Penn later presented to the Clerk of the chives, and persons searching the sylvania, who offered to us 18th and Circuit Court, and are now in the ar srul1e name are brought together. 19th Centuty Fairt~lX County court chives. The Historical Society has There is a great interest in the history records which she had found in her also provided funds for purchasing a of Fairfax County on the part of attic, are especially gratifying. Her Xerox copy of our 1763 minute students, scholars, genealogists, and papers include summonses, pro book housed in the Huntington the general public, many of whom missory notes, marriage bonds, Library in San Marino, California. come to the Judicial Center to see judgments, attachments, commis The most exciting source of recent George Washington's will (housed in sioner's reports, depositions, suits, acquisitions has been the attic of the the third floor vault). Also using the deeds, accounts, and bills of sale old Courthouse. The summer of Archives regularly are attorneys, title from 1743 to 1820. Mrs. Louise Koss 1983 saw a small group of historians examiners, and staff of county agen of Arlington donated an original land and Clerk's Office staff selecting, cies, e.g. Planning, Archeology Lab. grant dated 1739 and signed by boxing, and labeling thousands of Mapping, Lib r;uy , and others. Letters William Fairfax, cousin and agent of books and documents for transfer to arrive from New York and New Thomas, 6th Lord Fairfa."'{, for '5, '568 the Circuit COl11't Archives. The South Wales (a university there has a acres on which are located the pre- transfer of more than '50 boxes of department of American litudies). In ---...... ------1 papers, books, maps was made in the Fall of 1982, Professor David two separate moves by the work Coon of the Washington State Archives also houses release program of the Sheriff's University at Pullman spent six the earliest tax maps Department. These materials include weeks in the Archives studying the the 1813 minute book (long missing), records to determine the nature of which are frequently unrecorded deeds, original doc lower and middle class society in the used by title search uments recorded in missing deed vicinity of Mt. Vernon during books, suit papers, insurance pol Washington's day. Much of 18th and ers, and original icies, Clerk's correspondence, Civil 19th centulY daily life appears in maps and reproduc War pension records, and numerous court records. The courts issued items which help to reconstruct in business licenses, established roads, tions of 18th and formation lost during the Civil War set tavern rates, appointed public of 19th century Fairfax or other events. Sorting, claSSifying, ficials, recommended military of and indexing this material, and mak ficers, levied taxes, and performed a County. ing it available to the public, will oc variety of functions affecting daily cupy Archives staff for many months. life. George Washington and George sent Great Falls and Wolf Trap Farm Additional materials brought to the Mason formulated their political and Parks. The land grant is displayed in Archives by the work release pro social ideas in Fairfax County, thus an exhibit case in the Archives. Dr. gram are the more than 700 volumes providing an inexhaustible fascina Ma."'{ Walten, a Springfield pediatri of land tax records from 18'51, long tion for students of political history. Cian, also donated a land grant, dated stored in the Virginia Room of the While crucial records are unfor 1770 and signed by Lord Fairfa."'{. Fairfax County Public Library, under tunately missing, such as the court (Exhibit cases in the lobby of the the jurisdiction of the Clerk of the minutes for the first six years of the Judicial Center are, unfortunately, Circuit Court. The Archives houses county's existence, the minutes for not appropriate for the displaying of the volumes from 18'51, through the Revolutionary War period, and historical documents because 1920, later volumes are stored on the several 18th and 19th century deeds sunlight fades the ink and damages fourth floor of the Judicial Center, books, later deeds and minutes often the paper. If filters could be obtained and are available to the public. Ar refer to earlier records, and the miss to screen the ultraviolet rays, these chives also houses the earliest tax ing periods can be partially cases could possibly be used.) maps which are frequently used by reconstructed. A second source has been the title searchers, and original maps and There is a need to restore several Historical Society of Fairfax County, reproduction of 18th and 19th cen damaged volumes of the early deeds whose primary function is to support tury Fairfax County. and court minutes. Restoration in the history programs of the county The Archives, through corres volves specialized procedures and through the purchase and presenta pondence, in person and telephone considerable expense. W.J. Barrow tion of documents, the publication of inquiries, and copy requests, has Restoration shop, Inc., at the State a yearbOOk, two semi-annual general served approximately 1600 patrons Library in Richmond, restores most meetings, and the sponsorship of an since the move to the new Judicial of the county records throughout the annual historical essay contest, the Center inJune 1982. Many of these state. Basic dc-acidification and winning essay published in the year patrons become "old timers," and lamination costs about $2.00 per book. The Historical Society has pur- return to the Archives, or write or page, depending upon the extent of PAGE 28 .' The ~airlax Law Library I the damage. Matching funds for restoration at Barrow's are available from patriotic organizations, such as The Fairfax Law Libwy the Daughters of Founders and Patriots In Washington, D.C. The staff of the CIrcuit Court Ar chives consists of myself (Librarian) and four part-time research assistants employed by the Fairf;L,,{ County History Commission. These able and talented people are Edith M. Sprouse, The primaty function of the Fairfax search and reference training. It is an Beth Mitchell, D'Anne Evans, and Law Library is to support the active member of the American Nan Netherton. All are authors of research needs of the courts and at Association of Law Libraries. Library historical publications pertaining to torneys in Northern Virginia. Full patrons who request treatises or jour Fairfax County and are thorough and Iibrmy services are also provided to nal articles not available in this facili meticulous researchers. other branches of local government, ty are assisted by staff use of the I have recently served on the Legal Aid, students and the general inter-library-loan system. Board of Trustees of the Historical public without charge. Electronic information retrieval of Society of Fairfax County, as co The Library is the largest County fers fast, efficient and thorough legal editor with Ms. Sprouse ami Ms. Mit Law Library in Virginia. It has a research beyond the capability of chell of the yearbook, and chairman of the essay contest selection com mittee. Current projects underway in The Library is the the Archives are: indexing and largest county law abstracting the 1813 minute book, sorting and cataloging the records library in Virginia retrieved from the attics, preparing with a seating an inventory of all loose original documents, indexing and readying capacity of 70 and chancelY suits for filming, and the more than 30,000 daily assistance given to patrons by telephone, letter, and in-person. bound volumes. Organizations such as civic ;lssocia seating capacity of 70, conference tions make extensive use of the Ar facilities, more than 30,000 bound traditional methodS. The Law Library chives. Members of the Great Falls volumes, materials on microform and makes this capability available Historical Society, all volunteers, are audio cassettes. Full copying facilities through the following databases: compiling a comprehensive history are available at a nominal charge. Westlaw: USing West Publishing of the Great Falls Historical area up Materials may not be removed from Company's Westlaw, full texts of to 1900, utilizing records in the Ar the Library .. cases, federal statutes ~U1d regula chives. The Clerk of the Circuit We ask that you assist us in our tions, attorney general's opinions, Court has offered free copy service goal of providing a good, workable t;L"{ and securities libraries and other to support this effort. The Herndon collection with accurate enthusJ;lstic databases are searchable and Historical Society has produced a reference service by complying with printable. three-volume history of Herndon, us our policies. Patron suggestions are Virginia Automated Legislative ing records from the Archives and always welcome and can be given to System: This database tracks the third floor record room. either the Law Librarian or the Chair status of cutrent bills in the Virginia The Archives enjoys a reciprocal of the Law Library Committee, who General Assembly. working relationship with other is appointed by the President of the Dialogue: The files on Dialogue agencies and institutions, exchanging Fairfax Bar Association. The Library provide a cost effective means of in information and copies of documents is not a County agency. It is sup dexing journals, books, scholarly of particular interest. The agencies ported solely through fees paid on papers, newspapers, reports, etc. include the Virginia Room of the civi/legal actions and contributions. covering a wide variety of subjects. Fairfax City Regional Library, Fairfax The Library staff provides full Autocite: Distributed by Lawyers County Park AuthOrity, Lloyd House bibliographic assistance to the public. Cooperative Publishing Company in Alexandria, the Historv Section of Staff members cannot give legal opin Autocite checks the validity of case the Office of Comprehensive Plan ions about the interpretation of citations in the most up to date ning, Fairfax County Archeology Lab, statutes or court decisions. manner. George Mason University Depart The Library advises the public and Searches arc fce-based for all data ment of History, and the libraries of academic libraries in the Fairfax area bases and can be performed by the the DAR, Mt. Vernon, and Gunston regarding their collection develop Law Librarian. Phone requests arc Hall. ment policies and offers legal re- taken for WESTLA W subscribers. PAGE 29 II Statistical ApPf!ndices VirginiaJuwcial B~ch Route of Appeal Organization of Faitfax County Government CUMOf'HCCllltUlTCOUIIt O.. IeIOfflll COMMOIfWlALnu AY101W1Y Of'ICIO'ItIIItI'lM, o UCI ..... IIA ••OIQI ... l\.lAl$OflWm• • O,flCIOllIfUMAltlllGHt. oa .. a.ttH ..... 'QIUoI ... lll.ltOHwmf III IDA IU'~AUI~I. PAGE 30 • Statistical App~ndices ' . Growth in Northern Virginia Percent Change in Population 1980-84 16.5 % Arlington Alexandria Fauquier Pro William Stafford Fairfax 1btal PojJulation ill Nortbern COli nties bas from 1. 16 million in 1980 to 1.28 million in eln increase of9.2% PojJukltion in Failjax City (20, 600) and Falls Cbu/'cb (9,500) bas Loudoun remained almost constant. CircUit Court and Records (S) Denotes State Positions (El Denotes Exempt POSitions Court Services Office of the County Clerk Land Records I Chief Judge (S) 1 County Clerk (El I Chief of Administr:ttive Services 10 Associme Judges (S) I Deputy County Clerk (El 1 Office Service Manager I 4 Assistant COunty Attorneys I Special Assistant to the Clerk (El 1 Supervisory Clerk I !\dmlnlstrlttivc Secretary 1 Management Analyst III (El 6 CleriC'JI Specialists 2 I.egal Secretary 2 Management Analysts II 2 Cierk Typists II 1 Sccrct:lry I I Secretary III (El 95 Regular Positions I 95 Regular Staff Years 6 Exempt Positions I 6 Exempt Staff Ye:trs II State POSitions I 11 State Staff Yt'ars 112 Total Positions I 112 Tot:tl Staff Years PAGE 31 II Glossary , Altet7latejuror criminal case. Pre-Selltence [llvestigation Additional jtu'or impaneled in elSe of An investigation into tile chamcter and sickness or disability of another juror, Dismissed Generally refers to l11Ses which tile court closes WitIlOut trial. Tlus may background of a defend'l1lt, usually by a Depending on expected duration, up to six occur when investigation shows the probation department, for use by a judge in altemate jurors may be seated in criminal evidence insufficient to support tile clain1S deternuning an appropriate disposition. cases and up to four altemate jurors may be seated in civil c:lSes, or charges, tile claims or charges are Prelimi1latY Heat'lug witIldrawn, tile court fmds it does not have A hetring where a Judge detem1ines AnnllalJtwy List . juris(liction, etc. In a civil non-jury trial, whetIler there is probable cause to believe a A list containing prospective jurors' names, clisn1issal may also occur at tile end of the defendant committed a felony. A person addresses, voter identification numbers, plaintiffs case. charged witIl, but not yet inclicted for, a This inform.'ltion helps determine eligibility felony h:1S a right to a preliminary he:trlng. If for jury duty, Disposition probable cause exists, tile detend:U1t may be Answer In a criminal case, tile proceeding where tile confined pending gr:U1d Jury action unless judge imposes sentence TIle defendant's written response to the :U1d eitIler orders he posts the bail established by tile Court. If tile sentence to be served or suspends sen allegations in the complaint. probable cause does not e...ast, tile defencl:U1t tence :U1d places tile defend'l1lt on proba is entitIed to be released. Appeal The process of obtaining judicial tion. TIle judge's decision is usually based f{.'View by :U1 appellate court of the on a written presentence investigation :U1d .Probation judb'ffient of a trial court, 01' by the Supreme recommend'ltion by the Probation Depart Allowing a person convicted of a crin1inal Court of the judgment of :U1 appellate court. ment. offense to live in the conununity under the The appeal seeks reversal or modification of supervision of the Court :md probation the judgment appealed from. Exctlse(l dep:lrtment instead of being confined in A prospective juror, who for some reason prison or jail. The probationer must comply Appellate Court CarU10t serve on a jury, may be excused, WitIl cert:un conditions set forth by the A court that has juris(liction to review court. Failure to comply 'VitIl tIlese concli judgments of lower courts. Grandjllry tions may result in probation being revoked Citizens who heir evidence to determine Arraignment by tile comt and tile defencl:U1t being whetIler probable cause exists tIlat a crinle required to serve l1is sentence. A court proceecling in which the defenci:U1t has been comnutted :U1d whetIler an inelict is informed of the charge against him and ment (frue Bill) should be retumed against a Prospectivejtlrol' advised of his constitutional rights, At tIus person for such a crime. If tile gr:U1d jury A person who is eligible to be seated :IS a time he may enter a plea of guilty, not guilty, determines tI1at probable cause does not jmor. or no contest. The Court may also consider bail at tile arraignment. exist, it retums a "No Bill", It is :U1 accusa Scbedttlillg Conference tory body and its function does not include The court proceeding in which trial or Arrest Detaining a person in a tn:U111er a detem1ination of guilt. hemng Ci:ltes are set, plelS are entered, :U1d authorized by law, so tIlat he may be Guilty Plea final dispositions (defendant or sentenced brought before tile court to answer charges placed on probation) occur. of having committed a crime. A plea in wluch tile defendant admits guilt of the ch:lrges contained in :U1 indictment. Service Automatedjllry Drawing Electronic Indigent Defem/allt TIle appropriate notification to a person system for tile storage and r:U1dom selection that he is inVOlved in a Court proceeding. A defend:U1t who is financially unable to of the n:unes of prospective jurors. Service may be personal, by mail, residen llire an attomey. Bond A sum of money to be posted WitIl tial, or by publication in a newspapet: the court to secure the appear;U1ce of a jury SU11lmons defendmt in a criminal c;lSe, or tile Citizens who decide questiOl1S of fact In a civil case, :Ul order directed to tile perfomlance of an obligation in a civil case. according to tile evidence presented to defend:U1t notifying him that an action h:1S them, and the law provided by tile Court. been filed against him :U1d instructing hinl Complaint The it1itial pleading in a civil jmy Summons as to how :U1d when he must :U1swer the case in which tile plaintiff alleges facts complaint. Failure to answer may result in entitling him to obtain money dmlages or Official document sent to :U1 individual slm1l110ning him to appl-':tr for jury duty. rellefbeing granted to the plaintiff by otIler relief from tile defendant. The default. document used in nllsdemeU10r cases to No Contest Plea 7HalDeNovo inform the defencl:U1t of the charge. A plel in which the defendant adn1its tile A trial occurring after :U1other tribunal h:1S facts in tile indictment but does not admit he made nlctual determinations about the same Court Costs Money charged by the court is gUilty of a crime. TIle judge finds the for services provided by tile court, the c:lSe. These factual detemunations :tre gen defendant guilty if the indictment contains emily not adnussible as evidence at the trial. amount of which is fIXed by statute or court f.'lcts constituting a crime. rule. The court may award all or part of tile Undeliverable costs to the prevailing party. Not Guilty Plea A jury summons that is rctumed by tile post A plC'.l in wluch the defend:U1t delues the office to tile sender because the addressee Court 7J-ial A crin1inal or civil trial witIlno allegations contained in the indictment. h:lSmoved. jury. The judge m.1.kes tile factual fmdings Voir Di"e that would otherwise be made by the jury. PetitjlllY Ex:unination of prospective jurors to select a 'flle jury for the trial of a civil or criminal jury. Prospective jurors are excused through Criminal Action A court proceeding c;tSe. instituted :U1d prosecuted by the tile use of challenges for cause :U1d preemp govemment for tile punishment of a crime. Plaintiff tory challenges, A person who brings a civil action for d'lm Waive Defelldant The person sued in a civil c:lSe. ages or injunctive relief. TIle government in To surrender or renounce some privilege or The person charged with crime in a a crin1inal case. right. PAGE 32 • credits:. ." ,,' ~ Produced by Circuit Court 411 () Chain Bridge Road Fairfax, Vil'ginia 220~O Editorial and Production Design and Layout Coordination Visual Design Services, Inc. Mark A. Zaffarano Manassas, Virginia Kimberly Blackwell Art Direction Author Contributions to Gary Smith Annual Report PbotograjJby Shirley Buckley Scott Boatright Hillary Burg Glenn Dryden Printing Sharron H:mzel Colorcraft Litho Inc. Bonny Jones Sue Littlefield Pllrcbasing Melissa Martin Larry Wellman. Direct()r Mary Lee Raymond Printing Buyer Connie Ring Marlene Parnett Diane Stmley Desigll Buyer Dolores Testerman Patsy (Itt Mark Zaffa.rano PAGE 33