Gunnar Grendstad, William R. Shaffer, J. O. Sunde, Eric N. Waltenburg
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From Backlogs to Quality Assurance. The Development of Law Clerk Units at Norwegian Courts
The Consultative Council of European Judges (CCJE) approves of the role of law clerks assisting judges in their decision making but cautions against clerks replacing judges. In this article we put CCJE’s caution to a test and study law clerks at the Norwegian Supreme Court and the Borgarting and the Gulating courts of appeal, the country’s two largest courts of appeal. The general pattern for all three courts is that the pretext for hiring clerks changes from backlog problems to quality assurance, that clerks become organized in separate units, that the number of tasks performed by clerks increases, and that women constitute an outsized presence in the clerk units. The growth in clerks contributes to institutionalizing courts. We conclude that clerks perform tasks of the judges, that to some degree they replace judges, that clerks influence decision making, but that clerks have not become judges or make final decisions.
期刊介绍:
The International Journal for Court Administration (IJCA) is an on-line journal which focuses on contemporary court administration and management. It provides a platform for the professional exchange of knowledge, experience and research in those areas for a diverse audience of practitioners and academics. Its scope is international, and the editors welcome submissions from court officials, judges, justice ministry officials, academics and others whose professional, research projects, and interests lie in the practical aspects of the effective administration of justice. IJCA is an open access journal, and its articles are subjected to a double blind peer review procedure. Please contact the editors if you are not sure whether your research falls into these categories.