President’s Message: The Clerk’s Committee

Like many FBA members, when I think of the federal courts, the first things that come to mind are the tangible aspects I see when I am there—most notably, the impressive buildings, knowledgeable courtroom staff, and dedicated judges. Many additional parts of the federal court system, however, are not as visible or well known, and yet they play a critical role in the safe and efficient operation of the federal legal system. One such component is each district’s clerk of court and its respective clerk’s office staff. In recognition of the critical role clerks of court play, several years ago, the FBA created a Clerk’s Committee to operate within the Judiciary Division. I recently had a chance to learn more about the Clerk’s Committee from its current chair, Robert Farrell. Our discussion is summarized below.

What is your current position in the court system and what does that mean?
I am the clerk of court for the District of Massachusetts. Clerks of court are responsible for providing the services to the bench, bar, and public in support of the U.S. district judges and U.S. magistrate judges. The clerk manages the staff members who do not report directly to a judge or the whole court. We provide the operational expertise to support each case from filing through to conclusion of the appeals process, including case management, jury administration, and courtroom support. We provide the administrative systems needed to ensure that the court remains open, efficient, and secure, including HR, finance, procure-ment, and IT functions. We work with our fellow agencies, coordinating with the U.S. Attorney’s Office, Federal Public Defender, CJA Board, U.S. Marshal’s Service, and U.S. Probation and Pretrial Service to ensure all parties are notified and prepared for hearings before the court. We oversee the official court report-ers and contract interpreters to ensure that the record can be accurately captured and that every participant understands the proceedings. In addition, we maintain the courtroom systems to facilitate court hearings, the presentation of evidence, and the equitable treatment of all parties before the court.

The clerk’s office staff are your liaison to the judges of the court. The courtroom deputy is the vital link between you and the judge assigned to your case. They can answer questions about how the judge operates the courtroom, assist with making sure your presentation works with the courtroom equipment, and communicate questions to the judge regarding your case. They coordinate all other participants in the case—the U.S. Probation Office, the U.S. Marshal, jury staff, court reporters, and interpreters—to make sure your hearings and trials proceed efficiently.

How did you become interested in working in the court system and how long have you worked in the court system?
I started working in the U.S. Bankruptcy Court in the Southern District of Ohio as a records/reproduction clerk in 1989—basically opening the mail, making copies, and filing documents. Over the past 32 years, I have worked in operations, finance, and IT in four districts (OHS, ME, NYN, and MA) and within the bankruptcy court, probation office, and district court. My career in the judiciary has brought challenging and interesting work that supports a vital branch of our government. It has been a distinct honor as a public servant to assist the public in some of the most chal-lenging moments of their lives and to contribute to the development and improvement of the judiciary.

What do you think is the current greatest challenge facing the court system?
As identified by Director Mauskopf, the greatest external threat to the judiciary is from a cyberattack on our digital infrastructure. The judiciary, as a separate branch of government, has made great strides in developing systems that provide an unprecedented level of public transparency and service for the stakeholders in both criminal and civil cases. Our outward facing appli-cations are open 24/7 worldwide. However, with these advancements comes the responsibility to secure and maintain systems in an environment that presents an ever-increasing threat level. This daunting task is made even more challenging by the decentralized, committee-based management structure of the judiciary.

The greatest internal challenge for the judiciary is the management of the limited resources available through the current appropriations process. The cost of operating the courts has grown at a rate faster than the resources appropriated by Congress. Shortfalls in funding directly affect our ability to retain and train staff, improve automated systems, and maintain or update courtroom evidence systems. All are necessary to maintain the level of service to the bench and bar. The pandemic has added to that challenge in two ways. The pandem-ic brought a rapid drop in caseload numbers that are measured to provide resources to the individual districts. At the same time, many court functions have become more difficult and time consuming; jury management and selection, courthouse logistics, managing hybrid calendars, prisoner logistics, and supervision of probationers all have unique challenges that affect the court and our fellow agencies. It has been an exceptionally challenging two and a half years.

What is your current position in the FBA?
I am a member of the Massachusetts Chapter Board and the national Judiciary Division, and I am chair of the Judiciary Division Clerk’s Committee.

What is the Clerk’s Committee and who is on it?
The Clerk’s Committee is a subcommittee of the Judiciary Division and comprises a district court clerk from each of the circuits, thus representing small, medium, and large courts and courts from urban and rural areas. The committee meets to discuss the issues appropriate to raise in the context of our membership with the FBA. We also look for opportunities to expand the outreach of clerk’s offices to their local chapters, and to foster more interchapter involvement. The pandemic slowed the work of the committee, but we are refocused on changes needed in the court community for the post-pandemic world.

The committee helps to raise the profile of issues that are needed to support the bench and bar and increase the accessibility of the courts for the public at large. The judiciary faces many challenges in the current budget climate: physical and cybersecurity, employee recruitment and retention, access to justice, and adapting to work-load changes due to the pandemic. The Clerk’s Committee helps to ensure that issues critical to the back office get the attention needed to continue the work of the court.

The Clerk’s Committee can also facilitate the development of robust communication between FBA members and their local courts.

We have helped to expand the membership of the FBA to all judges and clerks of court, recognizing the unique collaborative relationship the FBA has with the federal judiciary.

The committee currently consists of the following members:
First Circuit – Robert Farrell, District of Massachusetts
Second Circuit – John Domurad, Northern District of New York
Third Circuit – John Cerino, District of Delaware
Fourth Circuit – Julie Dudley, Western District of Virginia
Fifth Circuit – Karen Mitchell, Northern District of Texas
Sixth Circuit – David Weaver, Eastern District of Michigan
Seventh Circuit – Tom Bruton, Northern District of Illinois
Eighth Circuit – Matt Thelen, District of South Dakota
Ninth Circuit – Mark Busby, Northern District of California
Tenth Circuit – Carmelita Shinn, Western District of Oklahoma
Eleventh Circuit – Chuck Diard, Southern District of Alabama

What are some of the tasks the Clerk’s Committee has undertaken since it was formed?
The Clerk’s Committee has developed a list of items to evaluate and consider for inclusion on the FBA topics agenda to address with Congress. The top three topics are the status of the judiciary budget, developing a case management system to replace Case Management/Electronic Case Files, and the PACER fee issue.

The Clerk’s Committee and its members have actively engaged with the Administrative Office of the U.S. Courts (AO) and the FBA to highlight specific issues within the administration of the courts that can benefit from the nonpartisan lobbying efforts of the FBA. The Clerk’s Committee, the FBA, and the AO collaborated to change the way appropriations are determined for GSA supported court-house maintenance.

As demonstrated by Robert’s insightful comments above, clerks of court and the clerk’s office staff play a critical role in the federal court system. Please check back in future editions of The Federal Lawyer for discussions with other courthouse leaders and personnel to hear more about their roles in ensuring the safe and efficient operation of the federal court system.

About the Author

Matthew C. Moschella is the current President of the FBA and is chair of the Litigation Department at Sherin and Lodgen and a partner in the firm’s Litigation and Em-ployment Departments. He represents companies and individuals in a wide variety of civil matters in state and federal courts across the country as well as in arbitration proceedings. Moschella also represents employers concerning complaints filed against them with state and federal administrative agencies. In addition to representing clients in various types of civil litigation, he counsels clients in a wide variety of industries on employ-ment risk management issues. Moschella is also an adjunct professor at New England Law Boston, where he teaches contract drafting. Following law school, he was a law clerk to Hon. Judith Gail Dein, U.S. magistrate judge, U.S. District Court for the District of Massachusetts.

About the FBA

Founded in 1920, the Federal Bar Association is dedicated to the advancement of the science of jurisprudence and to promoting the welfare, interests, education, and professional development of all attorneys involved in federal law. Our more than 16,000 members run the gamut of federal practice: attorneys practicing in small to large legal firms, attorneys in corporations and federal agencies, and members of the judiciary. The FBA is the catalyst for communication between the bar and the bench, as well as the private and public sectors. Visit us at fedbar.org to learn more.