The Power Of The Judicial Assistant/Law Clerk: Looking Behind The Scenes At Courts In The United States, England And Wales, And The Netherlands

Nina Holvast

doi:10.18352/ijca.200

Abstract

Although largely invisible to the public, behind the scenes, judicial assistants/law clerks frequently play a vital role in the process of adjudication. Yet, especially outside of the U.S., little is known about their role and duties in the judicial decision-making process. This article provides insight into the organization of the employment and the duties of judicial assistants in three different jurisdictions: the U.S., England and Wales, and the Netherlands. In particular, this article aims to gain an understanding of the effects different organizational structures have on the potential influence of assistants on the judicial process and to observe what restrictions are employed to prevent assistants from wielding too much influence

Highlights

Introduction and Concerns Regarding Judicial DelegationDuring the hearing, the main public phase of the judicial process, the judge is literally and figuratively positioned at the center
All judicial systems employ these types of staff members; the position that they occupy in the judicial process and the duties they perform vary significantly from jurisdiction to jurisdiction
The terms “judicial assistant” and “judicial staff member” are used to describe staff members who assist judges in the adjudicative content of their work, but who do not perform any adjudicative duties on their own. This should not be confused with the function of Judicial Assistant, which exists in England and Wales or judicial assistants employed at some American courts

Summary

Introduction

Introduction and Concerns Regarding Judicial DelegationDuring the hearing, the main public phase of the judicial process, the judge is literally and figuratively positioned at the center. The terms “judicial assistant” and “judicial staff member” are used to describe staff members (in the US called law clerks) who assist judges in the adjudicative content of their work, but who do not perform any adjudicative duties on their own. This should not be confused with the function of Judicial Assistant (in capital letters), which exists in England and Wales or judicial assistants employed at some American courts

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