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Published: Feb 09, 2013 07:00 PM
Modified: Feb 09, 2013 05:25 PM

Orange Superior Court clerk’s office responds to audit
 
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Audit Results

State Auditor’s Office spokesman Bill Holmes said discrepancies in how Clerk of Superior Court offices operate are not unusual. The most recent audits in Triangle area counties found:

• Chatham: A 2011 audit report found four employees in the clerk’s office accepted payments and also had access to case files. Clerk of Superior Court Sam Cooper cited limited staff resources and budget cuts in his response but said he would make sure clerks did not have complete access.

• Durham: A 2013 audit report found clerks with access to case files also accepted payments. The audit also found magistrates were not depositing their receipts within one day as state law requires. Clerk of Superior Court Archie Smith said both practices would be modified to meet state standards.

• Wake: A 2010 audit report cited 16 large accounts that were not being monitored for timely investment. State law requires Clerk of Superior Court offices to invest deposits of more than $2,000 that will be held for more than six months. The investment must be made within 60 days. Clerk of Superior Court N. Lorrin Freeman said her office would work to improve its investment record.


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About the Clerk of Superior Court

The N.C. Administrative Office of the Courts operates 100 Clerk of Superior Court offices statewide. Those offices are involved in every step of the legal process, from filing and processing paperwork, payments and fines in criminal and civil cases to serving in the courtroom and dealing with estate, adoption, foreclosure, incompetency, and juvenile and Department of Social Services matters.

In 2011-12, Clerk of Superior Court offices statewide collected roughly $790 million for the state’s General Fund, citizens and local and state agencies, including schools and law enforcement.

But Orange County’s Clerk of Superior Court said the office is expected to do more work with less money. The General Assembly has cut the state AOC budget for several years, forcing pay freezes and workforce reductions. At the same time, the office is taking on new duties, Clerk James Stanford said.

The General Assembly cut funding for the Judicial Branch by 8 percent in 2011-12, according to the N.C. court system annual report. That left $438.9 million, or 2.23 percent of the state’s $19.6 billion General Fund, for local courts. The money pays for operations and employees, including district attorneys, judges and Clerk of Superior Court staff, central administration, and appellate courts and independent commissions.

The Judicial Branch had roughly 6,100 employees in 2011-12 who filed 2.7 million criminal and civil cases and disposed of 2.9 million cases.


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HILLSBOROUGH - Orange County’s Clerk of Superior Court office has changed how it handles cash and case files after a state audit found some employees had too much access.

A letter from State Auditor Beth Wood to Gov. Pat McCrory said the audit – from Nov. 1, 2011, to Oct. 31, 2012 – found “a deficiency in internal control and/or instance of noncompliance.” The results also were sent to the Speaker of the N.C. House and the N.C. Senate president.

The State Auditor audits every agency that receives state money, including nonprofits. State Auditor spokesman Bill Holmes said the last audit of the Orange County clerk’s office was in 2007. That audit didn’t find any issues, he said.

The State Auditor does not comment on the agency’s response to the audit, but the finding in Orange County “is not an atypical finding,” he said.

The Orange County office was cited for letting four employees occasionally take cash payments for civil and criminal files they also processed. The employees serve as temporary fill-ins for the full-time cashier, Clerk of Superior Court James Stanford said.

Although they’ve used the same system for at least 12 years, it’s the first time they’ve been found out of compliance, he said.

However, the State Auditor’s report says the system is contrary to the Clerk of Superior Court operations manual and creates a situation ripe for abuse. Clerks with too much access could easily misappropriate cash payments or waive criminal citations or judgments, the report stated.

The policy “is important enough to be adopted whether efficiency or inefficiency is the consequence,” the report stated.

While the finding is valid, Stanford said he can’t let the state’s policies keep his office from doing its work. The combination of rigid policies and state budget cuts “makes it literally impossible to keep our heads above water,” he said.

His response to the audit was to build in more checks and balances. Only three people now fill in for the cashier, and clerks who handle the money for a case don’t do the paperwork. A bookkeeper creates daily money and cash-flow reports, and the assistant clerk checks for adherence to the policy, he said.

Stanford said the clerk’s office has 18 deputy clerks and six assistants who work in Hillsborough and sometimes in Chapel Hill. They lost two staff members last year to voluntary state cutbacks, and he worries what the state legislature could cut next, he said.

The clerk’s office is involved in every court action, from handling criminal and civil case paperwork and payments to courtroom functions and cases involving estates, juveniles and families, adoptions, foreclosures and incompetencies.

Stanford said he constantly interacts with his staff and can track what’s going on. Any discrepancies are discussed with the staff involved, he said.

“Needless to say, staff understands that malfeasance on their part will result in swift, effective and permanent correction,” he said.

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