A judge's associate is an individual who provides assistance to a judge or court. In Australia, a judge's associate (not to be confused with a tipstaff) is a recent law graduate or lawyer who performs various duties to assist a specific judge, such as

legal research Legal research is "the process of identifying and retrieving information necessary to support legal decision-making. In its broadest sense, legal research includes each step of a course of action that begins with an analysis of the facts of a prob ...

, proofreading draft judgments, providing substantive comments to the judge and administrative duties. In England, a judge's associate is an administrative role. In New Zealand, a judge's associate was a court stenographer.

Australia

Almost all Australian courts employ judicial clerks to assist judges with legal research and reviewing draft judgments. In federal courts and some state courts, the position is known as a "Judge's Associate".Federal Court of Australia website
'Judges' Associates'
retrieved 23 February 2017. High Court of Australia website
'Applying for an associateship with a Justice of the High Court of Australia'
retrieved 23 February 2017. However, in the

Supreme Court of New South Wales The Supreme Court of New South Wales is the highest state court of the Australian State of New South Wales. It has unlimited jurisdiction within the state in civil matters, and hears the most serious criminal matters. Whilst the Supreme Court ...

, the position is known as a "Tipstaff".NSW Supreme Court website
'Applying for a Tipstaff position at the Supreme Court'
retrieved 23 February 2017. A point of confusion is that, in New South Wales, a judge's personal assistant or administrative secretary is known as an Associate. The extent and nature of the tasks performed by an associate or tipstaff depends on the individual judge. Unlike in the United States, they rarely prepare whole initial drafts of a judgment, though they may draft parts. Tasks may include preparing research memos to the judge on questions of law, checking draft judgments for accuracy with the record, providing critique on the substance of the reasoning of judgments, assisting with speech-writing and research, communicating with lawyers who contact the judge's chambers, and administrative duties. Applicants to the positions are usually required to have graduated with a law degree and have performed well in their studies. However, as the selection of associates is within the personal remit of the relevant judge and not subject to public scrutiny, nepotism and/or favouritism remains a live criticism of the associate selection process. The positions usually run for one year. Generally the higher the court, the more competitive selection becomes. It is not uncommon for associates in the High Court of Australia to have attained the

university medal A University Medal is one of several types of award conferred by universities upon outstanding students or members of staff. The usage and status of university medals differ between countries and between universities. As award on graduation Many ...

in law, come close to the top of their class, or worked for a judge previously in a lower court. The website of the High Court states that competition is "very strong" and that there are sometimes upwards of 200 applications for a single vacancy. The website of the Supreme Court of New South Wales describes tipstaff positions as "extremely popular and therefore highly competitive" and that applicants are expected to have "a strong academic record". In the High Court, each of the seven Justices has two associates at any given time. Usually, one associate is based permanently in Canberra, the capital of Australia and the seat of the Court, and one is based in the judge's home town and travels with the judge when the Court is on circuit to the other capital cities. Previous associates have written that the nature of the associate's role is different from that of a law clerk in the United States.

England and Wales

In country causes the record etc. had to be entered, and the cause set down for trial, with the judge's associate. For the penalty for the recording, by a judge's associate, of appearances by a party when the party did not in fact appear, see section 3 of the 3 Geo 2 c 25 (1729 or 1730), which was replaced by section 39 of the

Juries Act 1825 The Juries Act 1825, also known as the County Juries Act, was an Act of the United Kingdom Parliament. It extends only to England and Wales. Selected clauses Qualifying for jury service The following requirements qualified an individual for jury s ...

, which is repealed (see the Courts Act 1971).

New Zealand

New Zealand New Zealand ( mi, Aotearoa ) is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and over 700 smaller islands. It is the sixth-largest island count ...

, a judge's associate was a court stenographer. A judge's associate recorded the evidence given in court either in shorthand or with a typewriter. A judge's associate is referred to in court as "Your Honour's associate". A judge's associate was allowed to make part of their salary by supplying copies of the Judge's notes to litigants. Mr Taylor, Member of Parliament for Christchurch City said that this practice should be abolished and that judge's associates should be paid a fixed salary instead.Parliamentary debates. Volume 125. 1908. Page 369.

References

{{DEFAULTSORT:Judge's associate Legal professions Law clerks English law Law of Australia Law of New Zealand Judiciary of Australia