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B-198558,B-200108 1 (1981-01-23)

handle is hein.gao/gaobadiup0001 and id is 1 raw text is: TECOMPTROLLER GENERAL DECISION J OF THE UNITED STATES 0 CHINGTONc. 0 o 254E FILE: B-200108, B-198558 DATE: January 23, 1981 MATTER OF: Availability of appropriated funds to restore shortages in Court Registry Funds DIGEST: 1. Funds deposited in United States Court registries are funds for which the clerk of the court is accountable. 2. Under 31 U.S.C. § 82a-1 and § 82a-2, restorations of losses from United States court registries may be made from appro- priated funds. 3. Relief is granted under 31 U.S.C. § 82a-2 to clerk of court and fiscal officer from liability for loss of $56,864.07 re- sulting from improper transfers of monies from California to New York Federal courts since error in preparing transfer orders neither amounted to lack of due care nor was the proximate cause of the loss. he Administrative Office of the United States Courts has asked several questions about the availability of appropriated funds to re- store§l-osses to registry funds of United States courts For the rea- sons given below, we conclude that appropriated funds are available to restore such losses. We also grant relief as requested, under 31 U.S.C. § 82a-2, to Mr. Edward M. Kritzman, Clerk of the Court for the United States District Court for the Central District of California, and Ms. Grace Kurashige, disbursing officer of the same court, in the amunt of $56,864.07, and find that that amount can be restored to that court's registry from the appropriation currently available for oper- ation of the offices of clerks of court. In its first request,che Administrative Office askedjwhether appropriated funds were available to restore losses in the registry funds of United States courts, suggesting that 31 U.S.C. §§ 82a-2 and 82c were proper authorities for such restorations.- In that request no specific losses were mentioned. However, [he second request in- volved an erroneous transfer of money from the registry of the United States District Court for the Central District Court of California to the United States District Court for the Southern District of New York. In that request, the Administrative Office indicated it still was re- viewing the matter to detennine whether to request relief of the

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