Law clerk - Wikipedia. The Israel Supreme Court justices and their law clerks on the roof of the old supreme court building at the Russian compound in Jerusalem.
A law clerk or a judicial clerk is an individual—generally an attorney—who provides direct assistance and counsel to a judge in making legal determinations and in.
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A law clerk or a judicial clerk is an individual—generally an attorney—who provides direct assistance and counsel to a judge in making legal determinations and in writing opinions by researching issues before the court. Judicial clerks often play significant roles in the formation of case law through their influence upon judges' decisions.[1][2] Judicial clerks should not be confused with legal clerks (also called "law clerks" in Canada), court clerks, or courtroom deputies who only provide secretarial and administrative support to attorneys and/or judges. Judicial clerks are generally recent law school graduates who performed at or near the top of their class. Serving as a judicial clerk is considered to be one of the most prestigious positions in legal circles, and tends to open up wide- ranging opportunities in academia, law firm practice, and influential government work.[3] In some countries, judicial clerks are known as Judicial Associates or Judicial Assistants. In many nations, clerk duties are performed by permanent staff attorneys or junior apprentice- like judges, such as those that sit on France's.
Conseil d'État. In English courts, they are known as Judicial Assistants. The European Court of Justice uses permanent staff attorneys (Referendaires) and the Stagiaires (young law graduates). Australia, Canada, Sweden, and Brazil have notable clerk systems. Australia[edit]See Judge's associate and Tipstaff. Most Canadian courts accept applications for judicial clerkships from graduating law students or experienced lawyers who have already been called to the Bar in Canada or abroad (typically in the United States or the United Kingdom). Most provincial superior and appellate courts hire at least one clerk for each judge. Typically students in their last two years of law school are eligible to apply for these positions, but increasingly, experienced practicing lawyers are also considered for these positions.
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The term typically lasts a year and generally fulfills the articling requirement for provincial law societies, which qualifies a person to become a practicing lawyer in a Canadian jurisdiction. The most prestigious clerkship available is with the country's highest court, the Supreme Court of Canada, followed by the Federal and provincial Courts of Appeal. Each Justice of the Supreme Court hires three clerks for a one- year period.[4] The Federal Court of Appeal, which is based in Ottawa but hears cases across the country, selects 1. The Federal Court also hires only one clerk per judge, or about 3. The Court of Appeal for Ontario selects 1.
Justices.[6] The Quebec Court of Appeal usually hires a similar number of law clerks for both Montreal and Quebec City, but is unusual among Canadian courts in having a formal clerkship program for law students in addition to law graduates. The Court of Appeal for Saskatchewan hires 3 clerks, each of whom are assigned to 2 to 3 judges.[7] Successful candidates for all clerkships are usually selected based on a distinguished academic record, academic recommendations, strong research and writing skills and interviews with judges.
For both the Supreme Court of Canada and the Quebec Court of Appeal, being able to work in both English and French is strongly preferred.[8]The Tax Court of Canada hires 1. Many law clerks have gone on to become leaders of the profession.
For example, the Hon. Mr. Justice Jean Cote of the Alberta Court of Appeal was one of the very first Supreme Court law clerks, serving as a clerk in the program's inaugural year (1. Similarly, the Hon. Madam Justice Louise Arbour, formerly of the Supreme Court of Canada, the International Criminal Tribunal for Rwanda and the International Criminal Tribunal for the former Yugoslavia and former UN High Commissioner for Human Rights, also served as a law clerk in the early years of the program. Meanwhile, the Hon. Madam Justice Andromache Karakatsanis of the Supreme Court of Canada and the Hon.
Madam Justice Kathryn N. Feldman of the Ontario Court of Appeal were formerly law clerks at the Ontario Court of Appeal. England and Wales[edit]In England and Wales, law clerks are called Judicial Assistants.[1. It is possible to be a Judicial Assistant at the Court of Appeal and at the UK Supreme Court (formerly the Appellate Committee of the House of Lords).[1.
Only Supreme Court Judicial Assistants are appointed for a full- time, one year fixed term appointment.[1. Since 2. 00. 6 they have taken part in a week long exchange in Washington DC at the U. S. Supreme Court due to a friendship between Justice Antonin Scalia and Lord Rodger of Earlsferry.[1. European Court of Justice[edit]Sally Kenney's article on clerks, or Référendaires, on the European Court of Justice (ECJ) provides one detailed point of comparison (2. There are some major differences between ECJ clerks and their American counterparts, largely because of the way the ECJ is structured.[1. One key difference is that ECJ clerks, while hired by individual judges, serve long tenures as opposed to the one- year- clerkship norm at the U.
S. Supreme Court. This gives ECJ clerks considerable expertise and power. Because ECJ judges serve six- year renewable terms and do not issue individual opinions, the most important role of ECJ clerks is to facilitate uniformity and continuity across chambers, member- states, and over time. Furthermore, this role is heightened because the European Union is composed of very different nations with disparate legal systems. Kenney found that ECJ clerks provide legal and linguistic expertise (all opinions are issued in French), ease the workload of their members, participate in oral and written interactions between chambers, and provide continuity as members rapidly change.
While Kenney concludes that they have more power than their counterparts on the U. Watch The History Boys Putlocker#. S. Supreme Court, ECJ clerks act as agents for their principals—judges—and are not the puppeteers that critics claim. The ECJ also admits a limited number of selected law graduates as Stagiaires. Their duties are more similar to those of the law clerks of the U. S. Supreme Court.
In France law clerks are called assistants de justice. They typically go through a competitive nomination and interview process to get accepted as law clerks.
Most French courts accept applications for judicial clerkships from graduating law students. Students in their last year of law school are eligible to apply, although most law clerks are Ph. D. candidates in Law or candidates for the bar exam or a French civil service competitive entrance exam such as French National School for the Judiciary, French National School of Public Finances, or French National School of Court Clerks. In the judicial order[edit]Law clerks are hired for two years renewable twice.[1. Depending on credentials and curriculum they can be assigned to the bench (magistrat du siège) or the prosecution (parquet or parquet général). The work of a law clerk entails assisting the judges with writing verdicts and decisions and conducting legal inquiries and research. The most prestigious clerkships available in France are before the courts of appeals, which review decisions of lower courts.
The largest appeal courts in France are in Paris,[1. Versailles,[1. 7]Aix- en- Provence,[1. Rennes.[1. 9]In the administrative order[edit]A similar system exists in the administrative courts,[2. Conseil d'Etat. Germany[edit]In Germany, there are two different kinds of law clerks. Students of law who, after law school, have passed the first of two required examinations join the Referendariat, a time of two years consisting of a series of clerkships: for a civil law judge, a criminal law judge or a prosecutor, a government office and finally at a law firm.
This clerkship is not to be confused with an internship since it is a paid position that is regulated by law.