Letter to | the Editor
To the Editor:
Every year, legislators at the Iowa Capitol debate the role civil servants should play in providing much-needed services to the residents of our state. As we’ve seen in the past few weeks, the issue of collective bargaining has been addressed, and sometimes public employees aren’t happy with the results. Republicans or Democrats - these discussions are all linked to the state budget. There is another budget concern that is completely separate from the collective bargaining issue, however – the potential lack of funding for the Judicial Branch that would impact our ability continue to provide services for equal justice for all Iowans.
As clerk of court for Montgom-ery and Mills counties, I have been watching budget discussions at the statehouse with grave concern.
In our court system (the Judicial Branch), clerks of court are on the front lines, assisting the public with the mission of giving all Iowans fair access to all court services.
If you’ve filed a small claim suit, challenged a speeding ticket, or filed for divorce or back child support, you have worked with a clerk of court.
If you’ve adopted a child, served as executor for a will or had to file for a protective order against an abusive spouse, you have worked with a clerk of court.
If you or a loved one has needed help with a mental health crisis or a substance abuse problem, you have worked with a clerk of court.
Depending on your case, you might never see a judge. You may not even have an attorney. But what you should always have is a clerk of court to shepherd your case through the legal process from start to finish.
Thus, for many Iowans, we are the face of the justice system. There are already far too few of us. Every one of Iowa’s 99 counties has a courthouse. But only two-thirds of them have a clerk of court. Over the last several years, positions have been eliminated, and now clerks have ended up managing offices in multiple counties. In rural areas, staff is limited – maybe two to three people, at most. After several consecutive years of underfunding by the Legislature, our resources are at the thinnest margin they have ever been. In some areas, that means closing offices if even one employee is out for any reason, illness or otherwise.
That’s an inconvenience to the public if you’re protesting a speeding ticket, needing someone evicted, needing your child support payment or an application for court-appointed counsel. It’s never good when one of the offices in your local courthouse is closed and you have important business that you need to take care of.
It’s dangerous if you need a restraining order, or are in a mental health crisis.
With the chronic underfunding of the Judicial Branch, we have already seen numerous clerks of court offices consolidate or restrict hours over the years. We have all taken on more and more duties as vacant positions go unfilled. There is no budgetary maneuver left that will allow us to maintain the current level staffing, services, and hours. Without full funding, something, somewhere will have to give, and that will inevitably affect thousands of everyday Iowans who need easy and immediate access to the courts. Montgomery County and Mills County are now in danger of cuts that could affect your access to local services.
I have written to our legislators to ask for their support in fully funding the Judicial Branch, and I invite you to do the same. This isn’t just a public employee issue. It’s an Iowa issue. The court system directly impacts ordinary people who live close to us, often facing desperate times, and it would be an absolute shame to deny even one person access to justice simply due to lack of financial support. I ask you to contact me if you need further information about Judicial Branch or about the duties of the clerk of court office at kim.carter@iowacourts.gov. Contacts for local legislators are: Sen. Mark Costello, mark.costello@legis.iowa.gov; and Rep. David Sieck, david.sieck@legis.iowa.gov.
Kimberly Carter,
Montgomery & Mills
counties clerk of court