Santa Clara County Grand Jury
• 2019-2020
The Case of the Felonious Process Server
⚠️ Translation Notice: This content has been automatically translated. The original English text is the official version. Translation may contain errors.
⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.
Findings and Recommendations 2 findings
F1a
The Santa Clara County Clerk-Recorder’s Office did not receive notification of felony convictions of a registered process server from the Subsequent Arrest Notification System. Because the Clerk- Recorder’s Office did not receive a notification as required by California Penal Code § 11105, the process server’s registration was not revoked.
No recommendations for this finding
F1b
The Clerk-Recorder’s Office is not responsible for possible errors by the court or the state in entering and/or disclosing felony information that is supposed to make its way to the Subsequent Arrest Notification System. There is no agreed-upon process or procedure for the Clerk-Recorder’s Office to communicate with the Department of Justice, other than the Subsequent Arrest Notification System. As a result, the Clerk-Recorder's Office cannot resolve questions regarding registered process servers who may have been convicted of felonies.
No recommendations for this finding
Conclusions 1
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CL1 Page 7The Santa Clara County Clerk-Recorder’s Office and the Santa Clara County District Attorney’s Office were both cooperative with the Grand Jury’s investigation. While the situation described in this report may be quite rare, it did occur. The Civil Grand Jury is uniquely positioned to both hear about and investigate this occurrence. Also, no other investigatory body would be obligated to disclose this communication breakdown if it were to occur. The consequences of a law-breaking process server operating in the state could have serious impact on the courts and the public. For example: Someone could miss a court date Someone could lose custody of children Court documents could go undelivered Divorce proceedings could be disrupted The public counts on this system to be reliable. The courts rely on this system to be reliable. The Clerk-Recorder’s Office needs to ensure that issues with process servers are properly resolved.
Agency Responses 1
Government agencies' official responses to this report's findings and recommendations. Click on a response to see the structured breakdown.