Naked Conch: Clerk to Close Courts - Other Solutions Exist

Or...what would never happen if Matt Gardi were Clerk!

- Naked Conch - Posted by Matt Gardi - June 27, 2012

A recent article in the Key West Citizen (Found Here) discussed the fact that in response to a budget crisis, the Clerk of Courts intends to close the Courts on Fridays at 3pm. This is to make up for a State funding shortfall of $210,000.

That's great, so the solution is to reduce service to the public in an already overwhelmed and back logged court system, versus finding other efficiencies and cost savings.
The solution will idle Judges, Prosecutors, Public Defenders, Bailiffs and other Court staff that continue to be paid and consume tax revenue regardless of whether or not the Courtrooms actually remain open and conduct business. Then let's point the finger at the mean old legislature.

Give me a break. If Matt Gardi were your Clerk, it would come right out of my salary, and the salary of other top paid administrators before the Courtrooms would reduce service to the public for one minute! Why? Because it is a failure of leadership, plain and simple.

But it wouldn't have to come to that because I would be finding ways to save money in other areas whether there was a shortfall or not, as I have mentioned during the course of this campaign.

First, I have been the only candidate raising the issue about Banks evading filing fees by not filing mortgage assignments with the Clerk of Courts. (See here.) My estimation is that Banks have evaded close to $2,000,000 dollars in the last ten years alone here in Monroe County. I've called for joining Duval County's suit to recapture these fees. These evaded fees, along with unused funds dedicated to technology are specifically dedicated to modernizing access to records and the Courtroom. Florida Statute 28.24 specifically states;

If the counties maintain legal responsibility for the costs of the court-related technology needs as defined in s. 29.008(1)(f)2. and (h),... $1.90 shall be retained by the clerk to be deposited in the Public Records Modernization Trust Fund and used exclusively for funding court-related technology needs of the clerk as defined in s.29.008(1)(f)2. and (h);

That's $1.90 of a $4 component of filing fees, and furthermore 29.008(1)(f)2 states;

“Communications services” are defined as...support staff or services including any county-funded support staff located in the offices of the circuit court, county courts,...necessary for an integrated computer system to support the operations and management of the state courts system, the offices of the public defenders, the offices of the state attorneys, the guardian ad litem offices, the offices of criminal conflict and civil regional counsel, and the offices of the clerks of the circuit and county courts; and the capability to connect those entities and reporting data to the state as required for the transmission of revenue, performance accountability, case management, data collection, budgeting, and auditing purposes.

We could be funding existing IT staff with existing technology money, (Lance Guerry - $88K, Tangela Thurston $84K) and adding staff to complete case management, data collection, electronic case file redactment and other IT related duties to free up dollars for other staff to keep the Courtrooms open. Aside from recapturing fees the banks evaded, we should move to proactively capture them going forward by putting the banks on notice, if you want to enforce your rights to a lien in our court system, you'll file legal transfers in our Clerk's Office. The Clerk maintains land records...end of story.

This also doesn't even take into account the opportunity costs associated with dragging our feet implementing cost saving measure like E-filing and consolidating case management systems with the State Attorney. We could have been enjoying those savings all along, but instead we are last in the State to enjoy efficiency and conveniences of technology. Regardless of what the Clerk's Office claims, only 16 local attorneys are "testing" E-filing on a handful of cases.

If the public had better access to electronically redacted civil and criminal case files on-line, they wouldn't be consuming Clerk staff to access and redact those files, and labor resources could be reallocated to the Courtroom.

But no, let's use all the imagination of a sea cucumber and close the Courtrooms. Man, we could save so much money if we just didn't have that nasty task of providing service to the Public at all!

Well folks, as long as we keep electing "experts" and trusted professionals with stagnant methods we'll keep getting the same old sea cucumber solutions. That's why I am running, and why I want to bring my proven track record to serve you as your next Clerk of Courts. I'm asking you to give me the chance to serve you, take responsibility and and put an end to simplistic sea cucumber solutions. Thank you for your consideration.