If you’ve had a Tribal Court Assessment, you may have been specifically advised to
create or update a Court Clerk’s Manual. Often, specific recommendations are also
made that direct you to place functions, responsibilities, and duties in your Court Clerk’s Manual that are simply not within the scope of the Tribal Court Clerk’s position but instead are functions, responsibilities, and duties of the Tribal Court Administrator.
So, your next logical step would be to create a Tribal Court Administration Manual.
Let’s talk more about the differences between the two manuals and how Sage
Education can help your Tribal Court evolve to meet the needs of your community
through enhancement of your existing Tribal Court Clerk’s Manual, development of a
Tribal Court Clerk’s Manual or the creation of your new Tribal Court Administration
Manual.
The Basics of a Tribal Court Clerk’s Manual
Tribal Court Clerk’s Manuals are designed to standardize practices, processes, and
procedures for the Court Clerk’s office and can also serve as a training tool for new
hires. Formalized internal controls for the Court Clerk’s Office are necessary to
safeguard and guarantee that legal pleadings, documents, requests, and orders are handled, processed, and preserved in strict compliance with the Laws and Rules of the Tribe. A Court Clerk’s Manual is designed to explain, in non-technical language, the various procedures to be followed by court clerks as they consistently and uniformly perform their official functions and responsibilities at the Tribal Court.
A Court Clerk’s Manual is not intended to change the law or direct internal or external parties on how to do something, it only affects the internal procedures for the court clerks in areas that are either identified or not identified, in your Tribal Law and Order Code and/or Court Rules. For example, where no specific statute or rule applies, the Court Clerk’s Manual will identify the procedural steps necessary to accomplish the task. If the Tribal Law and Order Code and/or Court Rules have cited provisions for a particular process, those are noted.
Finally, a Court Clerk’s Manual is created to establish consistency in processes,
procedures and customer service performed by Tribal Court Staff which provides a
more effective, efficient, and accessible Tribal Court, promoting public trust and
confidence, benchmarks of a successful Tribal Justice system.
The Fundamental Tribal Court Administration Manual
The purpose of a Tribal Court Administration Manual is to clearly describe the myriad functions, responsibilities, and duties in a format that provides specific guidance and can be used as a training tool for those new to the field of Court Administration. Increasing the Court Administrator’s expertise in court administration and management will enhance workforce productivity, positively impacting caseflow and providing effective and reliable judicial services to the community.
A Court Administration Manual is created to support the non-judicial day-to-day
functions, responsibilities, and duties of the Court Administrator’s Office. These non-
judicial functions are also known as Court Operations. Court Operations include, but
are not limited to: oversight of the Court Clerk's Office; monitoring and confirming that paper flow and caseflow are occurring normally; safeguarding and guaranteeing that legal pleadings, documents, requests, and orders are handled, processed, and preserved in strict compliance with the Laws and Rules of the Tribe; public relations; administration of the court management system; preparation and management of the Court’s budget; statistical collection of a wide range of data for the purposes of analyzing, measuring, and reporting; workflow management; creation and supervision of the Court’s strategic plan; and guidance of Special Support Services.
As you can see, the Court Administrator’s role is as a court leader who must be
accountable and responsible to both the judicial system and the tribal community.
Management of the court requires knowledge of many facets of court administration and court operations as well as requiring the court leader to develop specialized skills in all areas to ensure the court is functioning at its highest level.
How Can Sage Education Help?
Sage Education is a Native Women-owned company with over 50 years of experience teaching and consulting in Indian Country. Our goal is to help Tribal Courts reach a level of excellence that supports and protects Tribal Court staff and community members while safeguarding Tribal Sovereignty.
If you are interested in finding out more about how we can help your Tribal Court with a review of your current Tribal Court Clerk’s Manual, development of a Tribal Court Clerk’s Manual, Tribal Court Administration Manual, or a Judicial Benchbook or any of our other services, please reach out to us at admin@sage-education.org or call 775.229.3631, so we can arrange a time to speak with you about your Court’s needs.
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