Can a fee be imposed for un-archiving cases as part of the clerks services subsection?
Yes. AOC has reviewed the language in subsection (9) of SB 5277 regarding clerk’s services related to un-archiving cases. The opinion of AOC is that the terms “historical search” and “exceptional search” in this statute are not defined, therefore the courts could consider un-archiving large numbers of cases as either one of these clerk services. Although this was a service previously provided for free, due to the fiscal reality of the state, counties and cities, courts can chose to impose a fee under the authority provided in this statute. The fee for this service is to be determined by the individual court; up to $20 per hour.
