Linn County clerk of court retires

Next week, the 6

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Judicial District judges must replace the district's longest-serving clerk of court, with more than 20 years in Linn County.

The judges say the position is crucial to the functioning of the court, and someone like Sharon Modracek with her institutional knowledge is “irreplaceable.”

Modracek, 65, retires Thursday after 30 years of service in the courts. She has been the head clerk in Linn County for the last two decades, and for the last eight years also headed up Jones County.

Modracek led the Linn County clerk's office through the flood of 2008, dealing with thousands of damaged court documents, makeshift offices set up at a community college and a mall, and employees who she said “came together to keep the courts functioning” in the worst of circumstances.

Two of the judges who have worked with her the longest said they will be looking for someone with her skills as a replacement but admit it won't be easy.

“Sharon leads by example,” Senior Judge David Remley said. “She doesn't ask her co-workers to do something she wouldn't do. She's one of the hardest-working people I know.”

Remley, as a senior judge, doesn't participate in the selection of Modracek's replacement, but being a veteran of the courts himself, he understands what the office requires.

Judge Denver Dillard said Modracek always had an “exceptional talent” for dealing with people, and it will be difficult to find an “equal” to her.

“I will certainly miss her steady influence,” Chief Judge Patrick Grady said. “She's a hard worker who leads with compassion and humor.”

Grady said the importance of a clerk of court may be most evident in the 140 statutory duties required of the “custodian of the records.” The clerk maintains all records including civil and criminal files, court fines, child support payments, liens on real estate, court bonds and court schedules.

“They are also responsible for dealing with pro se litigants get through the court system, which has increased in the last few years,” Grady said.

Grady said maintaining those records is crucial because mistakes could potentially harm a people's freedom, reputation or even their financial well-being.

The judges will interview eight applicants out of the more than 100 who applied Wednesday.

All the district judges interview the applicants and participate in the selection, but if a proposed bill concerning appointment and removal of clerks gets any traction this session, this could be the last time a clerk is hired by this process.

The current statute requires all the district judges to make the decision, but the proposed bill would leave the final say up to the chief judge after consultation with the other judges. The bill also would allow the chief judge alone to remove a clerk for cause or budgetary reasons.

Rep. Chris Hall (D-Sioux City), who proposed the bill for the second year in a row, said the purpose of the legislation is to provide flexibility, in light of tight budgets, to each judicial district. The chief judge, who serves as an administrator for the district, would have the sole power.

“Often times, getting a majority vote of the entire district can be difficult because of the small politics of the area,” Hall said. “In rural areas especially, there is no need for a clerk of court in every county and it could potentially save money within their budget, but they can't reach a consensus.”

Remley said the bill has been proposed several times in the past because some are concerned about the amount of time it takes the judges out of the courtroom. Others also had concerns each judge may feel they were in charge or the boss of the clerk they chose.

Grady said he understands the time issue, but he thinks the discussion and input from others is helpful.