What does the District Clerk do?
The Clerk of a District Court has custody of and shall carefully maintain the records lawfully deposited in the Clerk’s office, both in civil and criminal cases.
What types of records does this include?
Many of the District Clerk’s duties and responsibilities are governed by state law and involve civil, family, and criminal litigation filed in the District Court.
Civil includes lawsuits such as debt collection, contract disputes, personal injury, tax collection, employment disputes, intellectual property, deceptive trade practices, etc. Generally, civil matters involve property, compensation, or money.
Family includes divorce or annulment, legal name changes, parent-child matters, orders to protect someone from family violence, adoption, and child support and custody. Technically, they are also civil matters, but litigation governed by the Texas Family Code constitutes well over half the total civil cases filed each year.
Criminal involves prosecution by the State of Texas (represented by either the District Attorney or County Attorney as prosecutor) for alleged crimes where punishment may be a incarceration, a fine, or both. Almost all criminal cases filed in District Court are felonies, which are the most serious offenses and can include prison or state jail sentences.
State law also designates the District Clerk as the county’s jury officer, though a county may elect to designate someone else to fulfill this role. In Travis County, the District Clerk is the jury officer for all county courts (district, county, and justice of the peace) plus the City of Austin’s Municipal Court.
What are the most important duties of the District Clerk?
The most critical duty is to keep the record on each case filed, whether civil, family, or criminal, along with an index of the parties in the case and the court’s decision on the case. Unless ordered by the court or restricted by law, these records are open to the public for viewing.
- The record of each case consists of a list of all parties (like plaintiff or defendant) involved in the case, all filings submitted, actions taken by officers of the court in the case, exhibits admitted into evidence, and the decisions of the judge. Each case is assigned a unique number, called a “cause number” when it is filed.
- The index is a listing of all parties ever involved in a case cross-referenced to the cause number of the case and also cross-referenced to the judge’s final decision on the case.
Another critical duty of the District is to prepare and issue process, writs, and subpoenas. These are documents that are served by court officers (typically the Sheriff, Constable, or authorized private citizen) that inform parties of lawsuits, require them to appear in court, or require them to take a specific action by order of the court. Some writs empower the Sheriff or Constable to take direct action based on a court order (such as an arrest warrant).
The duty which impacts the largest number of people is the issuing of jury summonses; however, jury service has been made easier in Travis County through I-Jury, which allows jurors to respond to a summons online and schedule jury service at a convenient time.
What are some of the other duties of the District Clerk?
- Report case statistics and the outcome of criminal cases to the State.
- Prepare paperwork used to transfer inmates to State custody
- Submit a copy of a case record to the Appellate court on an appeal
- Maintain a record of court costs and fees collected and report to the County Auditor
- Disburse fees collected on behalf of other county and state agencies
- Maintain cash bonds and other funds ordered to be placed in the court registry
- Accept passport applications (optional)
Will the District Clerk help me with my lawsuit or divorce?
The assistance that the District Clerk may provide is limited. We can help you find forms and answer procedural questions. We cannot advise you whether or not to file a lawsuit or claim within an existing lawsuit, nor can we suggest legal strategies to use. We also do not recommend attorneys but will refer you to the Lawyer Referral Service of the Austin Bar Association for assistance.
Can I call if I have questions?
We are always happy to answer whatever questions we can:
Civil and Family: 512-854-9457Criminal: 512-854-9420
Jury: 512-854-9669
