ACCOUNTING SYSTEM RULES FOR CIRCUIT COURTS
Adopted July 25, 2005, Effective July 25, 2005
Table of Contents
Section 1. Authority.
Section 2. Dockets.
Section 3. Index.
Section 4. Accounting System.
Section 5. Cash Receipts.
Section 6. Deposits.
Section 7. Disbursements.
Section 8. Bank Statement.
Section 9. Reporting.
Section 10. Petty Cash Funds.
Section 11. Juror Fees.
Section 12. Penalties.
Section 13. Examinations Procedures.
Section 14. Satellite Courts.
Text of Rules
The Wyoming Supreme Court adopts
the following rules pursuant to Wyo.Stat.Ann. §§ 5-9-101 through 5-9-153.
These new rules are adopted to establish a uniform and proper accounting
system for all money received and disbursed by circuit courts.
Each
court shall maintain three separate dockets, one for all criminal cases other
than citations, one for small claims cases,
and one for civil cases other than small claims cases. The docket books and records shall be uniform
in format as established by the computer system approved by the Wyoming Supreme
Court.
Dockets
shall be printed from the computer system and filed with each closed case. Abstracts shall be printed for all citations.
Each court shall keep an
alphabetical index under the names of the parties in civil and small claims
cases and defendants in criminal matters with a reference to the case file
number. The computer system can be used
to maintain the alphabetical list.
The accounting procedures
included in the FULLCOURT software system shall be the authorized system used
by the courts. Each court must use the
computer system provided by the Supreme Court to its full capacity. All criminal cases and citations will use the
criminal portion of the computer system including case management, receipting,
disbursements, and trial balance. Civil
and small claims cases will use the full capacity of the civil portion of the
computer system, unless a waiver is obtained from the Supreme Court
Administrator. If a waiver is requested,
the court must provide a description of the proposed system for approval.
A cash receipt must be issued by
each court for all moneys paid to the court.
Each receipt will be in duplicate and pre-numbered in numerical sequence
by the computer software program used for receipt generation. The original shall be given to the payer who
is making payment by cash or in person, otherwise the
original shall be attached to the court file along with the second copy. If the computer system is not functional, a
hand written receipt will be prepared in duplicate with one copy given to the
payer. A new receipt shall be issued as
soon as the system is functional. The
new receipt number shall be cross-referenced on the second copy of the hand
receipt. The new computer receipt shall
also be attached to the court file.
All
money received by each court in its official
capacity, shall be kept separate and not commingled with any personal
funds. To that end, each court will open
a special account denominated “criminal account” in an officially designated
bank in which all money received in all criminal cases will be promptly
deposited. The total cash receipts as
shown on the daily ledger and the total deposits must balance.
Money received in civil matters by a court shall not be
deposited in the same bank account as that received in criminal matters (Wyo.Stat.Ann. § 5-9-149). The court shall open a separate bank account
denominated “civil account.” The total
cash receipts as shown on the daily ledgers and the total daily bank deposits
must balance.
Money
received by each court, as bail, bonds or restitution in criminal matters shall be kept in a separate bank account
denominated “criminal trust account” (or “criminal bond account”). The total bonds received by the court as
shown on the daily ledger and the total deposits to the criminal trust/bond
account must balance. The balance in
this bank account must be reconciled and separately identified as to each payer
and case at the close of each month during the fiscal year.
Money
paid into court pursuant to the provisions of the Family Violence Act may be
kept in a separate bank account denominated
“family violence act account.” The total
cash receipts as shown on the daily ledgers and the total deposits made under
this account must balance.
Deposits
of fines, costs and forfeitures paid to courts may be deposited in interest bearing accounts (Wyo.Stat.Ann.
§ 5-9-149).
Interest earned on deposits of fines and forfeitures in such accounts
shall be forwarded monthly to the county treasurer and credited to the county
public school fund. Interest earned on
all other deposits in such accounts shall be forwarded to the state treasurer
quarterly and credited to the victim’s compensation account.
Money
received by each court, as payments for third parties in civil judgments must
be deposited into an account denominated “civil
trust account.” Payments to third
parties are to be issued by checks from this account, per the terms of the
judgments. The balance in this bank
account must be reconciled and separately identified as to each payer at the
close of each month during the fiscal year.
Disbursements shall be made, by
check, to the party concerned. Each
check will identify the case number, and be cross-referenced on the docket.
It shall be the responsibility
of the chief clerk to determine that the bank statements are reconciled each
month with the checkbook, trial balance, and the docket or ledger and reviewed
by the judge. The balance, if any, shown
on the checkbook shall be identified by docket or ledger case number. The bank statements, canceled checks, daily
and monthly receipts listing, monthly disbursements listing, and monthly trial
balance shall be retained for future reference and examination or audit. Receipts from the county treasurer and
transmittal forms to the state treasurer for remittances made by check shall be
retained for audit purposes.
All
fines, forfeitures, and other penalties shall
be remitted by the circuit court to the county treasurer, and all fees, costs
and other receipts shall be transmitted to the state treasurer, no later than
the tenth day of the month following the month in which the money was
received. (Wyo.Stat.Ann. §§ 5-9-146 and 18-3-814). If the report is going to be late, it is the
responsibility of the chief clerk to notify the Supreme Court’s Court Services
Officer.
The
remittances to the county treasurer and state treasurer shall be by check in the amount due each respective
office. Monthly reporting forms for each
checking account shall be kept on a day-to-day basis, and maintained in the
office for audit purposes.
Annual
reports, which will be a compilation of monthly reports, shall be made to the Wyoming Supreme Court, internal auditors,
on a form approved by the Supreme Court’s Court Services Officer after
consultation with the State Auditor’ s Office Comprehensive Annual Financial
Report (CAFR) group.
Any
check written by a court that is outstanding
for more than one year shall be voided in the court’s checkbook(s). Procedures for handling these stale-dated
checks will conform to the unclaimed property procedures then currently in
effect and established by the State Treasurer’s Office.
After approval by the Supreme
Court and state treasurer, the account shall be used strictly for the payment
of meals and refreshments for jurors.
Each
juror shall be provided a Wyoming On-Line
Financial System (WOLFS) 109 form, Request for Taxpayer Identification Number
and Certification, and a WOLFS 102 form, Payment Voucher Vendor Signature
form. These forms must specify the case
number, the date the jury duty occurred, and in the case of travel, mileage to
and from the location of court business.
The Taxpayer Identification form shall be sent directly to the State
Auditor’s Office and the Payment Voucher shall be approved in the lower right
corner by the judge and forwarded to the Supreme Court’s Court Services Office
for processing.
Juror
fee vouchers that have not been presented to the
Supreme Court’s Court Services Office for payment within one year of issuance
shall be denied.
Witness
fees shall be paid by county voucher or state
voucher, as appropriate.
Reference to the following
penalty sections relevant to circuit court judges is not all-inclusive but
should be noted by those concerned: Wyo.Stat.Ann.
§§ 5-9-145, 5-9-148, 5-9-152, 6-5-111, 6-10-108, 9-1-510, and 18-3-814.
Section 13. Examinations Procedures.
The
accounts of each circuit court will be examined under the direction of the
Wyoming Supreme Court Chief Justice.
The
examination shall consist of both financial and legal compliance audits. The auditor’s
examination shall include verifications of bank account reconciliations.
Case
files shall be reviewed for criminal, citations, small claims and civil cases
to determine if the files include:
receipts, completed dockets, garnishment papers and judgment
action or amount, release of garnishment, filing fees, summons, and satisfaction of payment where each is appropriate.
In
circuit courts where satellite courts are
maintained, those satellite courts shall receipt all money received as provided
in Section 5 of these rules, and disburse all money as provided in Section 7.
The
satellite court shall have at least one bank account, or more as approved by
the circuit court judge(s). Bank
statements shall be reconciled monthly and a copy of the bank statement(s) and reconcilement(s) filed with the primary
circuit court.
The satellite court shall report their monthly activities to the primary circuit court on the date determined by the circuit court judge(s).