Overview
Case summary
This case involves an appeal by the United States from a judgment awarding fees to Elmer S. Dundy, Jr., clerk of the United States district court for Nebraska, for services performed. The treasury department had disallowed certain fees, but the circuit court entered judgment for Dundy. The Circuit Court of Appeals reviewed multiple assignments of error regarding specific fee allowances. The court held that: (1) no law authorizes fees for swearing juries; (2) clerk cannot charge for copies of indictments without court order (except in capital cases); (3) clerk is entitled to fees for duplicate copies of payment orders but not for affixing seals to certificates; (4) United States is not liable for clerk services performed for criminal defendants; (5) clerk is entitled to fees for two copies of criminal sentences; and (6) clerk is entitled to fees for subpoena copies when required by court rule. The court reversed in part and remanded with directions to enter judgment for a reduced amount.
Abstract
The United States appealed a judgment awarding fees to a district court clerk for various services, which the treasury department had disallowed. The appellate court reviewed specific fee allowances, ruling that no fees were authorized for swearing juries, copies of indictments without court order (except capital cases), affixing seals, or services to criminal defendants, while allowing fees for duplicate payment orders, two copies of criminal sentences, and required subpoena copies. The judgment was reversed in part and remanded for entry of a reduced amount.
Opinion of the court
opinionCALDWELL, Circuit Judgejoined by SANBORN, THAYER
- No fee authorization for swearing juries
- Court order required for indictment copies except in capital cases
- Fees allowed for duplicate order copies but not seal affixing
- Government not liable for clerk services to defendants
- Proper practice requires two sentence copies
- Court rule creates entitlement for subpoena copy fees
Jurisdiction
not challenged- Action brought by clerk to recover fees disallowed by treasury department
- Appeal from Circuit Court of the United States for the District of Nebraska
Procedural posture
- Fees for swearing juries
- Fees for copies of indictments
- Fees for duplicate copies of orders
- Fees for services rendered to defendant
- Fees for copies of sentences
- Fees for subpoena copies
Legal categories
Case record
Issues & holdings
de novo
No law authorizes clerk to charge fee for swearing juries
Issue preserved for review
de novo
Clerk cannot furnish copies on own motion; requires court order except in capital cases
Issue preserved for review
de novo
Clerk entitled to fees for making duplicate copies
Issue preserved for review
de novo
Clerk not entitled to charge fee for affixing seal to certificates
Issue preserved for review
de novo
United States not liable to clerk for services performed for defendant
Issue preserved for review
de novo
Proper practice requires two copies; clerk entitled to charge for both
Issue preserved for review
de novo
Clerk entitled to compensation when court rule requires copies with certificate/seal
Issue preserved for review
Holdings of the court
Error analysis
- Circuit court allowed fees for swearing juries — procedural · error foundError resulted in $28.60 overpayment · not harmless
- Circuit court allowed fees for copies of indictments without court order — procedural · error foundError resulted in $47.25 overpayment · not harmless
- Circuit court allowed fees for affixing seal to certificates of orders — procedural · error foundnot harmless
- Circuit court allowed fees for services performed for criminal defendant — procedural · error foundnot harmless
Standards of review
- Interpretation of fee statutes and clerk authority — de novo Legal questions regarding statutory authorization for clerk fees reviewed de novo
Timeline
Circuit Court of Appeals issues opinion reversing in part and remanding with directions
Outcome: Reversed and remanded with directions to enter judgment for $2,015.41
Final appellate decision establishing rules for clerk fee allowances
Facts & evidence
Key facts
4 facts- Elmer S. Dundy, Jr. served as clerk of the United States district court for the district of Nebraska
- He sought to recover fees for services performed that were disallowed by treasury department accounting officers
- The circuit court entered judgment for Dundy in the amount of $2,178.76
- The United States appealed, challenging specific fee allowances
Procedural history
3 steps- Dundy brought action against United States to recover disallowed fees
- Circuit court entered judgment for Dundy
- United States appealed via writ of error
Evidence in the record
- Account of disallowed items returned by treasury department with reasons indorsed thereon
- Exhibit to complaint showing fee items and disallowance reasons
Authorities
Cited authorities (3)
Statutes
- Fee statutes for United States district court clerks
Standards & doctrines
- De novo review of legal questions
- Precedent from U.S. Supreme Court on clerk fees
Legal principles applied
- No fee without statutory authorization
- Clerk cannot act on own motion to charge government
- Government not liable for services to criminal defendants