As ministerial officers, District Clerk Office employees are barred from using their personal discretion when performing functions for a court. Thus, when presented with an order from a court, a District Clerk employee must perform in strict conformity with the order's language and not make any assumptions or personal interpretations. Orders to disburse funds from a court's registry must be clear, complete and void of any uncertainty. Therefore, to avoid any unnecessary delays in the disbursement of funds, please consider the following four issues when drafting an order to disburse:
- Does the order clearly state the District Clerk is ordered to issue a check from the registry?
- Does the order state exactly who is to receive the check? For example: The District Clerk is ordered to issue a check payable to Jean Louise Doe.
- Does the order specify an amount certain to be paid? For example: The District Clerk is ordered to issue a check payable to Jean Louise Doe for an amount equal to all funds plus accrued interest or the sum of $6,724.45 plus accrued interest.
- Does the order waive the thirty-day waiting period? Without this language, we will wait thirty days before making the disbursement. Language such as "immediately", "instanter", and "without delay" are not sufficient to waive the thirty-day waiting period.
When an order's language does not address the above four areas, our office will be unable to make a disbursement until the defects are cured.
Funds Placed in the Court Registry
Any funds deposited in the court registry will NOT be invested unless there is an order to invest. Texas Local Government Code 117.53(c) states "The clerk shall transfer any registry funds into a separate account when directed to by a written order of a court of proper jurisdiction…." We are required by Texas Local Government Code 117.054 to pay 10% of the interest earned on the investment to the general fund of the county. If funds are not invested, Texas Local Government Code 117.055 requires that at the time of withdrawal, we deduct from the amount of the withdrawal a fee in an amount equal to five percent (5%) of the withdrawal, but that may not exceed $50. Withdrawal of funds generated from a case arising under the Family Code is exempt from the fee deduction provided by this section.
