In
common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...
jurisdictions, the generic term officer of the court is applied to all those who, in some degree in the function of their professional or similar qualifications, have a part in the
legal system. Officers of the court may include entities such as judges, lawyers, and paralegals, and should not be confused with
court officer
A bailiff (from Middle English baillif, Old French ''baillis'', ''bail'' "custody") is a manager, overseer or custodian – a legal officer to whom some degree of authority or jurisdiction is given. Bailiffs are of various kinds and their offi ...
s, the law enforcement personnel who work in courts.
Officers of the court have legal and
ethical
Ethics or moral philosophy is a branch of philosophy that "involves systematizing, defending, and recommending concepts of right and wrong behavior".''Internet Encyclopedia of Philosophy'' The field of ethics, along with aesthetics, concerns ma ...
obligations. They are tasked to participate to the best of their ability in the functioning of the judicial system to forge justice out of the application of the law and the simultaneous pursuit of the legitimate interests of all parties and the general good of society.
Court proper
Foremost those who make the decisions that determine the course of justice and its outcome:
*
judges,
magistrate
The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a '' magistratus'' was one of the highest ranking government officers, and possessed both judici ...
s, and
arbitrators.
*
prosecutors and crime victim advocates.
*
attorneys for each party – the
Supreme Court of the United States held in ''
Ex parte Garland
''Ex parte Garland'', 71 U.S. (4 Wall.) 333 (1866), was an important United States Supreme Court case involving the disbarment of former Confederate officials.
Background
In January 1865, the US Congress passed a law that effectively disbarred fo ...
'' that "Attorneys and counselors are not officers of the United States; they are officers of the court, admitted as such by its order upon evidence of their possessing sufficient legal learning and fair private character." In some jurisdictions, such as
England and Wales
England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is Eng ...
, independent advocates such as
barristers are not officers of the court, whereas in other jurisdictions, such as Ontario, Canada, advocates like
paralegals
A paralegal, also known as a legal assistant, or paralegal specialist is a professional who performs tasks that require knowledge of legal concepts but not the full expertise of a lawyer with a license to practice law. The market for paralegals ...
are recognized as officers of the court (though with a more limited scope of practice than lawyers).
"Law Society endorses paralegals as officers of the court", Law Society of Ontario Gazette, 12/01/2017
/ref>
Investigation and expertise
These are people who may appear in court and testify or offer opinions due to their expertise or experience in a given subject. Their opinions sometimes rise to the level of scientific evidence and are evaluated by judges and juries to reach conclusions or verdicts. Another term for persons consulted by a court is ''amici curiae
An ''amicus curiae'' (; ) is an individual or organization who is not a party to a legal case, but who is permitted to assist a court by offering information, expertise, or insight that has a bearing on the issues in the case. The decision on ...
''.
* Coroners, medical examiner
The medical examiner is an appointed official in some American jurisdictions who is trained in pathology that investigates deaths that occur under unusual or suspicious circumstances, to perform post-mortem examinations, and in some jurisdictio ...
s, mental health professionals, and other medical experts.
*Other experts in various fields, such as state-certified appraisers, certified public accountants
Certified Public Accountant (CPA) is the title of qualified accountants in numerous countries in the English-speaking world. It is generally equivalent to the title of chartered accountant in other English-speaking countries. In the United Sta ...
, handwriting analysis
Graphology is the analysis of handwriting with attempt to determine someone's personality traits. No scientific evidence exists to support graphology, and it is generally considered a pseudoscience or scientifically questionable practice. Howe ...
experts, and other professionally licensed or certified persons retained by the parties to give expert advice, the testimony and exhibits of which is admitted by the Court.
*Marshals
Marshal is a term used in several official titles in various branches of society. As marshals became trusted members of the courts of Medieval Europe, the title grew in reputation. During the last few centuries, it has been used for elevated o ...
, sheriffs
A sheriff is a government official, with varying duties, existing in some countries with historical ties to England where the office originated. There is an analogous, although independently developed, office in Iceland that is commonly transla ...
, constables
A constable is a person holding a particular office, most commonly in criminal law enforcement. The office of constable can vary significantly in different jurisdictions. A constable is commonly the rank of an officer within the police. Other peop ...
, and other kinds of peace officers
A law enforcement officer (LEO), or peace officer in North American English, is a public-sector employee whose duties primarily involve the enforcement of laws. The phrase can include campaign disclosure specialists, local police officers, prose ...
Services to the parties
These are people whose professional duties are important to the functioning of the court system.
*Bail bondsmen
Bail is a set of pre-trial restrictions that are imposed on a suspect to ensure that they will not hamper the judicial process. Bail is the conditional release of a defendant with the promise to appear in court when required.
In some countries, ...
, who may, however, undertake action to capture an absconding client.
*Interpreters
Interpreting is a translational activity in which one produces a first and final target-language output on the basis of a one-time exposure to an expression in a source language.
The most common two modes of interpreting are simultaneous interp ...
/translators
Translation is the communication of the meaning of a source-language text by means of an equivalent target-language text. The English language draws a terminological distinction (which does not exist in every language) between ''transl ...
are generally considered officers of the court. They render their services to the parties in the interests of the court proceedings. Some interpreters may be employed on a permanent basis by courts to act as interpreters when called upon, e.g. International Court of Justice
The International Court of Justice (ICJ; french: Cour internationale de justice, links=no; ), sometimes known as the World Court, is one of the six principal organs of the United Nations (UN). It settles disputes between states in accordanc ...
and the European Court of Justice. In some jurisdictions, interpreters may also be deemed as officers of the court '' pro tempore''. Court interpreters and translators have an absolute ethical duty to tell judges the truth and avoid evasion.
*Court-appointed special advocate
Court Appointed Special Advocates (CASA) is a national association in the United States that supports and promotes court-appointed advocates for abused or neglected children. CASA are volunteers from the community who complete training that has ...
s in some jurisdictions are considered officers of the court.
* Process servers carry out service of process. In some jurisdictions, they are appointed by a court and are considered appointed officers of the court.
*Messenger of the Court In common law, a Messenger of the Court is an officer of the court whose duties include, carrying written or verbal communications and executing orders of the court. In the case of a bankruptcy court, the Messenger's duties include seizing and takin ...
, who will carrying communications, verbal or written, and execute other orders of the court.
See also
* Officer of the United States An officer of the United States is a functionary of the executive or judicial branches of the federal government of the United States to whom is delegated some part of the country's sovereign power. The term "officer of the United States" is not a ...
Sources and references
Law.com
{{DEFAULTSORT:Officer Of The Court
Legal ethics
Legal professions
Common law legal terminology
Judicial legal terminology