I think the advice from Jules is worth following. However, it doesn't address the issue of the Clerk's access. I am guessing the E mail facility is provided by a third party provider who has given the clerk some form of elevated access to the mail server. My suggestion is to ask the clerk for a copy of the service level agreement and description of services provided by the E mail provider. If it says that designated access will be provided to mail server content of something to that effect, you can ask the clerk who has it and on what basis was the access stipulated.