Chapter 6: Court Records

Question 1

What does the Local Government Records Act establish?

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Answer

It establishes requirements for local governments, record management officers, and custodians of records.

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Question 2

What is a record?

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Answer

A record is any form of recorded information. It may be paper, microfilm, audiotapes, video tapes, photographs, slides, or any computer-readable medium such as computer tapes, disks, compact disks, or USB drives.

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Question 3

What is records management?

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Answer

Records management is the active supervision and control of records. It is the economical and efficient creation, organization, use, maintenance, and disposition of records. In other words, it is the systematic control of recorded information from creation to final disposition. Records management also includes the development of records control schedules.

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Question 4

What are records control schedules?

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Answer

Records control schedules provide retention periods for the records created and maintained in all city departments, including municipal court. The schedules can also contain information about how the records are maintained, whether they are sent to storage, and how they are destroyed.

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Question 5

List the benefits of having a records management program.

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Answer

A records management program helps retrieve information faster, reduces lost or misplaced records, saves space, minimizes expenditures for filing equipment and supplies, protects records, and complies with state regulation for maintaining public records.

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Question 6

List the six stages of a records life cycle.

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Answer

The stages of a record’s life cycle are: • Creation; • Distribution; • Use; • Maintenance; • Storage; and • Disposition.

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Question 7

What happens during the active and inactive stages of a record?

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Answer

During the active stage of records, the record is distributed, efficiently stored for fast retrieval for use, and then maintained during its use. During the inactive stage, the record must still be properly maintained for retrieval and kept in a manner that will not harm or destroy the record until such time as the record may be legally disposed. During both the active and inactive stage, protection of the record is essential.

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Question 8

What might staffing a records management program include?

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Answer

Staffing a records management program generally includes filing personnel, document imaging operators, data entry individuals, and records center staff.

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Question 9

List the steps to develop a records management program.

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Answer

The steps to develop a records management program are: • Determining what the court wants to accomplish; • Setting goals and objectives; • Developing time frames with deadlines; • Determining how records are created (manual and computer); • Determining where records will be stored; • Determining what filing equipment and systems will be used; • Establishing records retention periods (governed by statute); • Establishing a system for the maintenance and retrieval of records; • Establishing a system for archiving records; and • Establishing a system for the destruction of records.

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Question 10

What is a Gantt chart?

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Answer

It is a chart that shows the schedule of activities and time frames. It includes estimated times for each task, whether task is completed on schedule, and whether task was rescheduled and the new time frame. The chart also shows who is responsible for each activity. After the project is underway, the Gantt chart can be used to monitor performance.

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Question 11

List the steps that will contribute to a successful case filing program.

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Answer

The steps that contribute to a successful case filing program are: • Conduct studies on the creation or improvement of case filing systems; • Establish pilot installations to test all aspects of a case file plan prior to final adoption; • Require the standardization and centralization of each case file; • Develop techniques for maintaining, using, and disposing of case files; • Do a cost/benefit analysis of file equipment and supplies; • Issue written instructions or manuals for the establishment and operation of case files; and • Conduct periodic reviews to ensure compliance with overall objectives of the case filing program.

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Question 12

What steps should be taken to improve existing case files?

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Answer

Steps that should be taken to improve existing case files are: • Select and examine a cross section of filing systems in different city departments; • Identify areas that need improvement in the court files; • Explore potential modifications; • Study the present system and its needs; • Develop a revised system, including new forms and records; • Implement the revised system for trial operation and modify it as needed; and • Prepare the final system for adoption, and prepare written instruction for implementation and maintenance.

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Question 13

List what the court would consider when determining the future volume of cases.

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Answer

The court would consider when determining the future volume of cases: • The last five years of cases filed in court to determine a trend in the number and type of cases filed; • The previous two to three years funding for police officers and future projections for more officers and thus, more cases filed; • Traffic and crime statistics for the city to determine the number and types of crimes occurring in the city; and • Future projections of the police department for number of cases that might be filed.

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Question 14

What are the issues that a court will want to consider when determining the court’s reference needs regarding case files?

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Answer

Issues that a court will want to consider when determining the court’s reference needs regarding case files are: • Appearance date; • Bond filed; • Plea; • Pre-trial date; • Trial date; • Payment schedule; • Driving safety course—appearance date, due date of DSC certificate, show cause hearing date; • Deferred disposition—appearance date, due date of evidence, show cause hearing date; • Warrants, capiases, capiases pro fines; • Appeals; • Notice of final convictions; • Court costs quarterly reports; and • Monthly reports to OCA.

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Question 15

What should a court consider when establishing case folders?

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Answer

Issues that should be considered when establishing case folders are: • Whether to create one folder per defendant or create one folder per citation/case filed; • Whether to create temporary folders for active files or the same folder as archived files; or • Whether to have folders or staple the documents together, or use a case jacket.

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Question 16

Why is it necessary to determine what information should be posted on the outside of case file?

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Answer

Because the court has many reference needs and posting information on the case file helps courts keep track of the actions occurring in the case and when and how it should be referenced.

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Question 17

What information on the outside of a case file might be useful as a reference tool?

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Answer

The following information on the outside of a case file would be useful as a reference tool: • Docket number; • Defendant’s name; • Date case was filed; • Prosecuting attorney; • Defense attorney, if any; • Complainant’s name; • Bond (if any) and whether personal, cash, surety, amount of bond, and date of judgment nisi if one is entered; • Plea entered, method of plea, and date of plea (in open court, in clerk’s office, by mail, in person, through attorney); • Type of trial requested (jury or bench) and date(s) of trial setting; • Continuances if any; • Deferred disposition if granted, and due date of evidence of completion; • Driving safety course if requested and granted, and due date of evidence of completion; • Witness and dates subpoenas issued, if any; • Motions filed if any, date filed, and judge’s ruling; • Judgment; • Fines or fees assessed; • Jail time credit; • Extensions for payment or payment plan due dates; • Receipt numbers and dates written; • Appeal, if any (date notice given, date bond approved or not approved, date transcribed, type of bond, date sent to county); • Date notice of final conviction sent to the State; and • Date warrant, capias, or capias pro fine issued and served.

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Question 18

What are the factors that should be considered when determining the physical type of a case file folder?

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Answer

The factors that should be considered when determining the physical type of a file folder are: • Identifying the documents that will be filed in jacket; • Determining the arrangement of documents in jacket; • Deciding on the file cabinet size and orientation; and • Evaluating the cost of file folder or jacket.

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Question 19

What are the advantages and disadvantages of filing papers loose in a case file?

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Answer

The advantages are: • requires less time to file papers; • costs less money initially; and • permits easy removal of documents for reference. The disadvantages are: • Papers may be lost or misplaced easily; and • The lack of uniform arrangement of the folder contents makes it more difficult to find a particular document.

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Question 20

When are fastened files usually preferred?

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Answer

They are usually preferred for large case files that receive extensive use, have long retention periods, and are likely to be taken out in their entirety for extended periods of time.

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Question 21

What questions should a clerk ask when evaluating file arrangement systems?

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Answer

Questions that a clerk should ask when evaluating file arrangement systems are: • Is the system logical? • Is the system practical? • Is the system simple? • Is the system functional? • Is the system retention-conscious? • Is the system flexible? • Is the system standardized?

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Question 22

What is the first determining factor in the selection of file arrangement?

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Answer

The nature of the records and how they will be retrieved should be the first determining factor in the selection of file arrangement.

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Question 23

What is a direct access filing system?

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Answer

A direct access filing system is a system that allows a person to locate a particular record by going directly to the files and looking under the name of the record.

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Question 24

What is an indirect access filing system?

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Answer

An indirect access filing system is a system that requires an index that must be consulted before a file can be retrieved.

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Question 25

What is an alphabetical file arrangement?

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Answer

Alphabetic files are arranged according to the last name of the defendant.

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Question 26

What are the advantages and disadvantages of an alphabetical filing system?

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Answer

The principal advantage of the alphabetical system is that it is not necessary to look up a docket number when files must be retrieved. The disadvantages are that the system does not lend itself to expansion as readily as does the numerical system and requires more shifting of folders.

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Question 27

What is a numerical file arrangement?

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Answer

A numerical file arrangement may have numbers (usually a docket number) assigned to the case files arbitrarily or under a standard plan.

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Question 28

What is straight- or consecutive-numeric filing?

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Answer

This is where files are arranged consecutively in ascending numerical order according to docket number.

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Question 29

What is a terminal-digit numeric system?

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Answer

It is a system where the last digit or group of digits is the primary unit used for filing.

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Question 30

What is a middle-digit system?

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Answer

It is a system where the file numbers in the index are still listed in consecutive numeric sequence; however, the middle group of digits becomes the primary indexing unit, the first group is the secondary indexing unit, and the terminal group the tertiary unit.

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Question 31

What is a duplex-numeric system?

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Answer

It is a system that uses two or more sets of code numbers for records, with the sets separated by dashes, commas, periods, or spaces. Records are filed consecutively by the first number, then sequentially by the second number, and so on.

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Question 32

What is a decimal-numeric system?

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Answer

It is a system developed initially for library use and is based on 10 general categories. The major numeric groups are each further divided into 10 parts, which are then subdivided into 10 subunits.

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Question 33

What are the advantages and disadvantages of a numerical filing system?

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Answer

The advantages are: the rapidity and accuracy of refiling and the opportunity for unlimited expansion. The disadvantages are the need for maintenance of the auxiliary card index and the necessity of making two searches when files must be retrieved−one for the index and one of the files.

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Question 34

What is an alphanumeric system?

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Answer

It is a system where the files use a combination of personal or business names and numbers, or more commonly, subject headings and numbers. The numbers are sequentially filed.

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Question 35

True or False
It is better to have multiple filing places than to centralize control of the files.

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Answer

False

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Question 36

True or False
To help maintain records properly, every clerk should be a file clerk.

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Answer

False.

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Question 37

True or False
How records are retrieved can affect file arrangement.

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Answer

False.

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Question 38

Having a manual on filing procedures ensures that filing decisions are not erratic.

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Answer

True.

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Question 39

When setting up files in filing cabinets, clerks should pack the files as tightly as possible to save on the number of filing cabinets the court must have.

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Answer

False.

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Question 40

The court should have a check-out and check-in system to keep track of case files.

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Answer

True.

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Question 41

What basic questions should a clerk consider when selecting filing cabinets?

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Answer

The basic questions are: • What are the physical characteristics of the case records? What is their volume, physical form, and size? • What is the cost of purchasing, installing, maintaining, and operating the available types of equipment? • How much office space is available, and how is it laid out? • Who needs to refer to the records, and how frequent and urgent is the need to do so? • What safeguards are needed to protect the files from unauthorized use, theft, fire, insects, dust, and other potential hazards?

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Question 42

What does the intensity and severity of a fire depend on?

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Answer

The intensity and severity of a fire depends on the type of building construction and height, the fuel load that comprises the building’s combustible contents, including the kinds of furnishings, and the quantity of files and the type of equipment used for them.

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Question 43

What factors should be considered to assess fire safety when purchasing filing equipment?

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Answer

Space utilization and fire protection factors, such as automatic sprinkler systems, smoke detection systems, and the quantity of other combustible materials.

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Question 44

What is the purpose of a records inventory?

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Answer

The purpose of a records inventory is to determine what records a court has, where they are located, and how many records there are.

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Question 45

What is the goal of a records inventory?

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Answer

The goal of a records inventory is not to inventory every piece of paper, but to determine and identify records categories.

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Question 46

What are the benefits of a records inventory?

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Answer

The benefits of a records inventory are: • Helps save space; • Releases equipment for more productive use; • Provides a proper evaluation of file functions and activities; • Assists in the detection of unnecessary copies of records; • Provides a way of assessing the length of usefulness of records; and • Helps in the appraisal of legal implications of records.

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Question 47

What steps will help make a records inventory successful?

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Answer

The steps that will help make a records inventory successful are: • Define objectives; • Communicate plans to management and staff; • Specify data to be collected; • Determine file locations; • Prepare an inventory form (a separate inventory worksheet should be used for each records series); • Establish work schedules and completion dates; and • Select personnel for the inventory process.

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Question 48

What information will a successful records inventory provide? T/F

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Answer

It will provide: • Identity of records by category or record series; • Physical location of all records; • Categorization of equipment and supplies; • Reference activity; • Methods used for disposing of obsolete records; and • Analysis of the cost of recordkeeping.

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Question 49

What is the official copy of a record?

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Answer

An official record is one that supplies information on organization, function, policy, procedure, operation, or it is the original case file of a defendant.

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Question 50

What are non-records?

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Answer

Non-records are generally copies or duplicates of official records.

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Question 51

What is an example of a non-record that is also an official copy?

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Answer

An example of a non-record that is an official copy is the copy of a case that has been appealed from a non-record court to an appellate court. Because an appealed case is still active until the appeal has been completed, the copy of the case should be handled the same as the original official copy.

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Question 52

What are administrative files?

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Answer

Administrative files often times contain duplicate information or miscellaneous information that nobody knows where to file but does not want to destroy.

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Question 53

A person performing an inventory would need to know what information when inventorying computer records?

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Answer

He or she would need to know what the current policy is on information back-up and the policy on writing over the data stored on the media.

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Question 54

List the types of information that an inventory should collect.

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Answer

Types of information that an inventory should collect are: • Title of records series; • Purpose or description of the records series; • Time span covered by the series (inclusive dates); • Linear measurement of the series; • Physical description (media, size, and color); • Description of storage equipment; • Frequency of use; • Rate of accumulation; • Date of inventory; • Source of the information used to create the records series; • What records are created from the information contained in the records series; • Original and secondary purposes of the records series; and • Where duplicate sources are located.

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Question 55

List the information that should be included on an inventory worksheet.

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Answer

The inventory worksheet should include a records series title, the record’s function, a floor plan showing the physical location and the organization location of records for office space and storage locations.

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Question 56

When was every city required to establish a records management program by ordinance?

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Answer

On or before January 1, 1991.

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Question 57

What are the general duties of a records management officer?

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Answer

Generally, the records management officer is responsible for coordinating the city’s records management program and making certain that it complies with state regulations.

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Question 58

What commission establishes mandatory retention schedules for local governments?

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Answer

The Texas State Library and Archives Commission.

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Question 59

Define records retention period.

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Answer

Retention period means the minimum time that must pass after the creation, recording, or receipt of a record, or the fulfillment of certain actions associated with a record, before it is eligible for destruction.

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Question 60

What is the court clerk’s responsibility in the citywide records management program required by Texas State Library and Archives Commission?

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Answer

Court clerks are required to cooperate with the records management officer in carrying out the policies and procedures established by the local government for the efficient and economical management of records, and in carrying out the requirements of state statutes regarding public records.

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Question 61

What is a local government record?

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Answer

A local government record is any document, paper, letter, book, map, photograph, sound or video recording, microfilm, magnetic tape, electronic medium, or other information recording medium, regardless of the physical form or characteristic and regardless of whether public access to it is open or restricted under the laws of the State, created or received by a local government or any of its officers or employees pursuant to law, including an ordinance, or in the transaction of public business.

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Question 62

List documents that are not considered to be local government records.

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Answer

Documents that are not considered to be local government records are: • Extra identical copies of documents created only for convenience of reference or research by officers or employees of the local government; • Notes, journals, diaries, and similar documents created by an officer or employee of the local government for officer’s or employee’s personal convenience; • Blank forms; • Stock of publications; • Library and museum materials acquired solely for the purposes of reference or display; or • Copies of documents in any media furnished to members of the public to which they are entitled under Chapter 552 of the Government Code or other state law.

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Question 63

Unless stated otherwise, how are retention periods figured?

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Answer

Retention periods are figured in calendar years from the date of the records’ creation.

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Question 64

True or False
Retention periods apply to all local government records.

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Answer

False (they apply only to official records unless otherwise noted).

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Question 65

True or False
If records are stored in bound volumes, the retention period dates from the date of the last entry.

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Answer

True.

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Question 66

True or False
When records are maintained together, the combined record must be retained for the length of time of the component with the longest retention period.

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Answer

True.

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Question 67

True or False
For administratively valuable records, the retention period is at the discretion of the city.

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Answer

True.

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Question 68

True or False
Municipal court dockets may be stored electronically.

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Answer

True.

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Question 69

True or False
Documents that are stored electronically have a different retention period from paper documents.

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Answer

False.

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Question 70

True or False
The hardware to access electronically stored data must always be maintained by the city for documents that are stored.

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Answer

False (it must be retained for the retention period assigned to the record).

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Question 71

When is electronic mail considered to be a government document?

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Answer

If email that is created or received meets the definition of a local government record, it is subject to the same rules that govern other local government records. Local government records include email created or received by a local government or any of its officers or employees pursuant to law or in the transaction of public business.

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Question 72

When may a damaged record be destroyed?

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Answer

They may be destroyed when they have been so badly damaged by fire, water, or insect or rodent infestation that they are unreadable, or if portions of the information have been so thoroughly destroyed that the remaining portions are unintelligible.

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Question 73

When may a damaged record that has a permanent retention period be destroyed?

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Answer

These records may not be destroyed unless authorization to dispose of the records is obtained from the director and librarian of the Texas State Library and Archives Commission.

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Question 74

True or False
The court does not need to keep a record of records that are destroyed.

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Answer

False.

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Question 75

True or False
The court should periodically perform a records audit to determine if record schedules have been properly maintained.

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Answer

True.

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Question 76

What should an auditor conducting a records audit look for?

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Answer

The person conducting the audit should: • Verify that an up-to-date records manual is available; • Check all the major records categories to ensure compliance with records schedules; • Spot check individual offices, computer terminals, and files for compliance; and • Verify compliance with records management criteria.

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Question 77

How often should records schedules be reviewed?

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Answer

They should be reviewed once a year.

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Question 78

Who must approve new records schedules?

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Answer

The Texas State Library and Archives Commission.

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Question 79

When can non-record copies be destroyed?

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Answer

Copies of records generally are non-records and are maintained only as long as they are useful. Then they are destroyed.

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Question 80

List records that are copies of records that should be maintained as original copies.

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Answer

The copy of the case papers of the appealed case maintained by the municipal court is now the official copy and according to the records retention schedule. Other examples of copies of records in municipal court that are subject to records retention include the following state reports that are required to be submitted by municipal courts: • Notice of final conviction reports submitted to the Department of Public Safety; • Quarterly reports of court costs submitted to the State Comptroller’s Office; and • Monthly reports submitted to the Office of Court Administration.

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Question 81

Define essential records.

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Answer

An essential record is any record necessary to the resumption or continuation of government operations in an emergency or disaster, to the recreation of the legal and financial status of the government, or to the protection and fulfillment of obligations to the people of the State.

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Question 82

List some ways that municipal court records can be secured from disasters such as fire.

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Answer

Some ways that municipal court records can be secured from disasters such as fire are: • Secure, fire-resistant filing cabinets; • Specially designed vaults; • Computer passwords; • Duplicate copies; • Back-ups maintained at different locations; and • Off-site storage.

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Question 83

What is the most efficient method of indexing court records?

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Answer

By computer.

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Question 84

What is a decentralized filing system?

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Answer

A decentralized filing system is one where the files are maintained in separate locations.

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Question 85

What is a centralized filing system?

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Answer

A centralized filing system is one where all active files—except those that are being created or used at that time—are maintained in a central file room.

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Question 86

What is a bar coding system?

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Answer

Bar coding is a system of checking in and out files. The bar code is scanned into the system when it is checked out and rescanned when it is brought back.

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Question 87

What is a floating file?

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Answer

A floating file, for example, occurs when a clerk checks out a file and then passes it on to the prosecutor without checking it back in and having the prosecutor check it out.

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Question 88

What does an electronic document imaging system do?

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Answer

Documents are scanned and digitized.

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Question 89

How can digitized images be stored?

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Answer

The digitized images can be stored on a hard drive, optical disk, or other computer-readable media.

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Question 90

How can records be organized for storage?

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Answer

A method to organize records is to assign box numbers that would also indicate where in the storage area the box is to be stored. This will assist in the retrieval process. The person in charge of archiving records should maintain an index of boxes and their contents. To assist in locating stored records, two numbers should be used. One number for the location in the storage area and the other number for identifying the contents of the box. For easy retrieval, the court might consider bar coding cartons and shelves instead of using numbers. When a box is shelved, both the box bar code, shelf bar code, and content bar code must be scanned

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Question 91

List questions that should be considered when determining how to index stored records.

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Answer

Questions that should be considered when determining how to index stored records are: • Do you want to index every file or document in the box? • How do you want to index the records? • How do you want to sequence the index and summarize the contents? • How do you link the storage of the records to the retention schedules so that the destruction date of the records is easily tracked? • How are control box numbers and location numbers assigned to the indexed records? • How is the listing of the index records to be maintained? • What type of system will be used to retrieve the records?

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Question 92

What should a plan for transferring records to storage include?

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Answer

It should include who is responsible for verifying that the records belong in storage, boxing up the records, labeling the records, and transporting the records.

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Question 93

List the type of documentation that a records management manual should include.

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Answer

The type of documentation that a records management manual should include are: • A records management policy; • Instructions on the use of records retention schedules; • Procedures for updating records retention schedules; • Forms used to manage records; • Procedures on implementing the program on an ongoing basis; • Procedures on internal operation; • Staff procedures; • Disaster recovery procedures; • Filing procedures; • Procedures on transferring and storing records; and • Procedures for updating the manual.

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Question 94

What questions help evaluate a court’s maintenance program?

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Answer

Questions that would help evaluate a court’s maintenance program are: • Does your court have a files handbook, manual, or other directive to provide uniform files maintenance procedures? • Are file maintenance procedures correlated with approved records control schedules for the prompt removal of inactive records from office space? • Is physical access to records controlled to prevent unauthorized disclosure or access? • Is each records series arranged in its own internally consistent pattern, such as alphabetical, chronological, numerical, or subject order? • Is each records series arranged based on the way people in the office usually ask for the records? • Are cross references prepared when needed? • Are periodic checks made for misfiles? • Are records filed on a daily basis? • Are out-cards or other charge-out controls used whenever documents or files are removed from the official file stations? • Before filing, are documents examined to ensure that they are complete and that the following materials have been removed: envelopes, paper clips, routing slips, cover sheets, superseded drafts showing no substantive changes, and duplicate copies, other than those needed as cross reference.

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Question 95

When may a record not be destroyed?

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Answer

A record that is currently in litigation or pending an open records request may not be destroyed.

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Question 96

List the criteria for when a local government record may be destroyed.

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Answer

A local government record may be destroyed if: • it appears on the local government’s records control schedule that has been accepted for filing by the TSL and its retention period has expired on the schedule; • it appears on a list of obsolete records approved by the TSL; • a request for authorization to dispose of unscheduled records is submitted to the TSL and approved; • its destruction or obliteration is ordered by a court expunction order issued by a district court pursuant to state law; • the record is listed as exempt from the destruction request requirement on a records retention schedule issued by the TSL; • the retention period on a records retention schedule issued by the TSL has not yet expired, but the record is non-permanent and it has been microfilmed according to TSL standards (if the record is a permanent record on the state-issued schedule, a destruction notice must be submitted and approved); • the retention period on a records retention schedule issued by the TSL has not yet expired, but the record has a retention period of less than 10 years and it has been converted to an electronic medium in accordance with Chapter 205 of the Local Government Code; or • the retention period on a records retention schedule issued by the TSL has not yet expired and the record has a retention period of 10 years or more, and the local government has submitted to the TSL and has approved an electronic storage authorization request.

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Question 97

Who in the city maintains a list of original records that have been microfilmed and destroyed?

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Answer

The records management officer.

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Question 98

When can a permanent record that has been microfilmed be destroyed?

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Answer

It may be destroyed after a Destruction Authorization Request has been submitted to and approved by the Texas State Library and Archives Commission.

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Question 99

What is a Notice of Intent to Dispose of Records?

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Answer

It is a notice to the Texas State Library and Archives Commission to destroy certain records.

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Question 100

List the methods that a city may use to destroy records.

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Answer

The methods that a city may use to destroy records are: • Burning; • Shredding; • Pulping; • Burying in landfill; and • Selling or donating for recycling.

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Question 101

What records may a city not sell or donate for recycling purposes?

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Answer

Records that are confidential under the Texas Public Information Act or other state laws.

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Question 102

Where may the city sell, donate, loan, or transfer records?

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Answer

A city record may not be sold or donated except for the purpose of being recycled, loaned, transferred, or otherwise passed out of the custody of a local government to any private college or university, private museum or library, private organization of any type, or an individual, except with the consent of the Texas State Library director and librarian and after the expiration of its retention period under the city’s records control schedule.

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Question 103

When may the court clerk temporarily transfer the custody of court records?

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Answer

A clerk may temporarily transfer custody of records to a person for the purposes of microfilming, duplication, conversion to electronic media, restoration, or similar records management and preservation procedures.

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Question 104

What type of offense does a court clerk commit if he or she violates any requirements of the Local Government Records Act?

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Answer

A Class A misdemeanor.

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Question 105

Why does the Public Information Act not apply to judiciary?

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Answer

The PIA specifically excludes the judiciary to maintain the independence of the judicial branch. The PIA applies to governmental bodies and the law specifically states that a governmental body does not include the judiciary.

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Question 106

Why does the public have a right to inspect municipal court records?

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Answer

Courts have long recognized that the public has a common law right to inspect and copy court records under the Common Law Right of Inspection.

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Question 107

When and to whom may the court disclose personal information about jurors?

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Answer

Only on a showing of good cause by a party to the case or a bona fide member of the media shall the court permit disclosure of the information.

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Question 108

When the public requests a record that contains a social security number, what should a clerk do?

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Answer

The clerk should always pass requests for records to the judge to determine whether it should or can be released. False.

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Question 109

What is Rule 12?

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Answer

A Rule of Judicial Administration designed to define public access to judicial records. The definition of judicial records makes an exception to the adjudicative records filed in the courts.

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Question 110

True or False
Under Rule 12, a record relating to a case filed in the court is a judicial record.

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Answer

False.

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Question 111

True or False
Under Rule 12, a court that receives a request for a judicial record has 14 days to allow the requestor to copy or inspect the record.

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Answer

True (it must be as soon as practicable but not to exceed 14 days).

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Question 112

True or False
Under Rule 12, if a judge refuses to release the requested information, the requestor can appeal to the Attorney General.

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Answer

False (the appeal goes to the Administrative Director of the Office of Court Administration).

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Question 113

What is caseflow management?

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Answer

Caseflow management is the process of managing time and events involved in the movement of a case through the court system.

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Question 114

In order for the court to effectively oversee the movement of a case, what must the court determine?

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Answer

The court must determine its phases, how it is maintained, and the disposition.

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Question 115

Why should courts create multiple tracks for case processing?

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Answer

Because of the complexity of cases, not all cases will be subject to the same processing procedures and time frames. The court should create multiple tracks for case processing each with different procedures and time frames designed to reflect the range of management and preparation requirements of the cases filed.

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Question 116

What are the goals of caseflow management?

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Answer

The goals of caseflow management are: • Make the sequence and time of events more predictable and timely; • Provide equal treatment of all defendants; • Have timely disposition consistent with the circumstances of the individual case; • Enhance the quality of the court process; and • Enhance public confidence in the court

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Question 117

What resources should be considered when developing a caseflow management system?

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Answer

The resources that should be considered when developing a caseflow management system are: • People (court employees and other city employees); • Equipment (computers, software, printers, etc.); • Forms (forms for assessing current system and forms used by current system); • State agencies; • Outside consultants; and • Any other resources that the city can provide.

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Question 118

What is project management?

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Answer

Project management is a dedicated effort with a distinct beginning and end, conducted by people to develop or produce a new project or service that meets defined specifications and quality standards within specific parameters of costs, schedules, and resources.

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Question 119

What is a project’s life cycle?

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Answer

The conceptual phase, the planning phase, and the implementation phase.

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Question 120

What issues should be considered as part of an action plan for project management?

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Answer

Issues that should be considered as part of an action plan for project management are: • Developing goals and objectives; • Developing significant events for project; • Determining information to be monitored; • Determining what constitutes successful monitoring; • Determining accountability procedures; • Developing task list; • Developing checkpoint events for the project; • Determining time estimates; • Developing a new system; • Developing test pilot policy; • Installing and testing new system; • Determining implementation policy; • Developing documentation; and • Training users.

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Question 121

What information should be included in the documentation of a caseflow management system?

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Answer

Documentation should include case processing procedures that include how files are created, used, and maintained; judicial activity; disposition; and archival and destruction procedures.

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Question 122

What do time standards define?

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Answer

Time standards define the direction of the system. The time standards provide a basis for measuring the effectiveness of the court’s caseflow management system and a basis for case progress decisions in the management of individual cases.

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Question 123

What are the two general main categories of time standards?

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Answer

Generally, time standards fall into two categories: management (as in comparing each case against the time limit for completion for intermediate events and overall disposition) and statistics (for example, summary reports concerning the age of cases at disposition or the age of the pending case load).

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Question 124

List the three general types of overall time standards.

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Answer

The three general types of overall time standards are: • A specified acceptable median age of cases at disposition; • A maximum time interval between filing and disposition; and • A specified percentage of cases concluded within a stated interval after filing.

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Question 125

What is a possible problem with any time standard?

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Answer

A possible problem with any time standard is to measure compliance solely by computing the age of cases at disposition. This type of measurement fails to take into account cases that are still pending, some of which may be very old. To achieve a comprehensive caseflow management system, courts should measure and monitor all cases in the various stages in the system and not just the disposition.

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Question 126

What are event standards?

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Answer

Event standards are standards that measure cases in the various stages in the system and not just the disposition.

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Question 127

Why should a caseflow management system be monitored?

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Answer

It should be monitored because information derived from monitoring supports the caseflow management system.

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