In common law 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 officers, the law enforcement personnel who work in courts. In French-speaking jurisdictions, officers of the court, excluding judges, are known as auxiliaires de justice[1] (literally, auxiliaries of justice[2]), not to be confused with judicial assistants.
Officers of the court have legal and ethical 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.
attorneys for each party – the Supreme Court of the United States held in Ex parte Garland[3] 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, independent advocates such as barristers are not officers of the court,[4] whereas in other jurisdictions, such as Ontario, Canada, advocates like paralegals are recognized as officers of the court (though with a more limited scope of practice than lawyers).[5]
Investigation and expertiseedit
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.
Other experts in various fields, such as state-certified appraisers, certified public accountants, handwriting analysis 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.
These are people whose professional duties are important to the functioning of the court system.
Bail bondsmen, who may, however, undertake action to capture an absconding client.
Interpreters/translators 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 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.
^Bar Council (September 2020). "Undertakings" (PDF). p. 5. Retrieved 25 January 2022. Barristers are not officers of the court (unlike solicitors), so it is not thought that you would, ordinarily, be subject to the court's inherent jurisdiction over its own officers, even if you are conducting litigation (see Assaubayev v Michael Wilson & Partners [2014] EWCA Civ 1491), but you would need to consider for yourself whether this might be possible.
^"Law Society endorses paralegals as officers of the court", Law Society of Ontario Gazette, 12/01/2017
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December 18, 2023
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This article has multiple issues Please help improve it or discuss these issues on the talk page Learn how and when to remove these template messages This article needs additional citations for verification Please help improve this article by adding citations to reliable sources Unsourced material may be challenged and removed Find sources Officer of the court news newspapers books scholar JSTOR August 2013 Learn how and when to remove this template message This article includes a list of general references but it lacks sufficient corresponding inline citations Please help to improve this article by introducing more precise citations August 2013 Learn how and when to remove this template message Learn how and when to remove this template message In common law 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 officers the law enforcement personnel who work in courts In French speaking jurisdictions officers of the court excluding judges are known as auxiliaires de justice 1 literally auxiliaries of justice 2 not to be confused with judicial assistants Officers of the court have legal and ethical 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 Contents 1 Court proper 2 Investigation and expertise 3 Services to the parties 4 See also 5 Sources and referencesCourt proper editForemost those who make the decisions that determine the course of justice and its outcome judges magistrates and arbitrators prosecutors and crime victim advocates attorneys for each party the Supreme Court of the United States held in Ex parte Garland 3 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 independent advocates such as barristers are not officers of the court 4 whereas in other jurisdictions such as Ontario Canada advocates like paralegals are recognized as officers of the court though with a more limited scope of practice than lawyers 5 Investigation and expertise editThese 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 Coroners medical examiners mental health professionals and other medical experts Other experts in various fields such as state certified appraisers certified public accountants handwriting analysis 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 sheriffs constables and other kinds of peace officersServices to the parties editThese are people whose professional duties are important to the functioning of the court system Bail bondsmen who may however undertake action to capture an absconding client Interpreters translators 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 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 advocates 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 who will carrying communications verbal or written and execute other orders of the court See also editOfficer of the United StatesSources and references edit BAUMANN Serge BRAUDO Alexis Auxiliaire de justice Definition Dictionnaire Juridique in French Retrieved 2023 04 26 Fiche du terme Auxiliaire de justice Thesaurus de l activite gouvernementale www thesaurus gouv qc ca in French Retrieved 2023 04 26 Ex parte Garland 71 U S 333 1866 Bar Council September 2020 Undertakings PDF p 5 Retrieved 25 January 2022 Barristers are not officers of the court unlike solicitors so it is not thought that you would ordinarily be subject to the court s inherent jurisdiction over its own officers even if you are conducting litigation see Assaubayev v Michael Wilson amp Partners 2014 EWCA Civ 1491 but you would need to consider for yourself whether this might be possible Law Society endorses paralegals as officers of the court Law Society of Ontario Gazette 12 01 2017 Law com Publications bibliography Retrieved from https en wikipedia org w index php title Officer of the court amp oldid 1151793116, wikipedia, wiki, book, books, library,
