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SVERIGES DOMSTOLAR 23-04-20

Who does what in Swedish courts

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SVERIGES DOMSTOLAR 23-04-20

Swedish Judiciary staffJanuary 1, 2007

Categories

Permanent Judges 683 356 30 1069

Non-permanent Judges 352 204 1 557

Law Clerks 612 268 880

Case preparation Officers 268 506 774

Court Secretaries 1129 338 56 1523

Administration 512 189 15 10 214 940

Total 3556 1861 102 10 214 574

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SVERIGES DOMSTOLAR 23-04-20

The objective has been to reach a situation when the judges can concentrate on efficient adjudication rather than dealing with routine matters.

• Strengthen the managerial role of the Court President

• Ensuring that Court Administrator gives adequate help to the Court President

• Delegation of tasks within the court to judicial associates and auxiliary/administrative staff

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SVERIGES DOMSTOLAR 23-04-20

The levels of statutes

• The Constitution

• Laws (the parliament)– The code of Judicial Procedure (General Courts)– The code of Administrative Procedure (Administrative

Courts)

• Ordinances (the government)– The Ordinance with district court instruction– The Ordinance with administrative court instruction

• Instructions from Public Authorities (SNCA)

• The Rules of Procedure of a Court– Appendexis: ……

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SVERIGES DOMSTOLAR 23-04-20

Good reasons for delegation

• ”Purification” of the role of judges

• Efficiency

• Job satisfaction

• Economy

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SVERIGES DOMSTOLAR 23-04-20

The Judge should not see the cases until the day of hearing

Registration Distribution Preparation Hearing/Session Determination Expedition/archive

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SVERIGES DOMSTOLAR 23-04-20

The Ordinance with District Court Instruction

• The chief judge can appoint a person who has sufficient

knowledge and experience and who is employed at the

district court to

– take measures in the preparation of cases

– as well as measures after the case or matter has been decided

– The person appointed is responsible for such measures

• But they may not

– Take measures which involve issues that are difficult or require

special experience or which are generally of such a nature that

they ought to be reserved for a judge

In this case the person should

– immediately inform the person who is responsible for the case

or matter.

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SVERIGES DOMSTOLAR 23-04-20

Example of appointment for secretaries• Letter of Authorisation 2

• CRIMINAL CASES

• The Court Secretary X may perform the following duties in accordance with ……..

• Issue summons (only when public prosecution)

• Appoint public defense councils

• Handle post and see to that the appropriate measures are made in time.

• Prepare the cases.

• Decide if a personal case study should be made

• Send judgments and decisions.

 

Chief Judge

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SVERIGES DOMSTOLAR 23-04-20

Delegation of tasks - Drawbacks

• Insecurity for the judges

• The secretaries and the law clerks ”delegate upwards” to the judges when it suits them

• More mistakes and too favorable assessments

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SVERIGES DOMSTOLAR 23-04-20

Delegation of tasks - Benefits

• Checks and controls are made more frequently

• Motivates the secretaries

• Unburdens the judge – “purification”

• A positive side effect can be simple and uniform routines

• Increases the public trust in the court?

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SVERIGES DOMSTOLAR 23-04-20

Keys to effective delegation

• The executives (the chief judge) attitudes and support

• Trust and Communication

• Pedagogical ability and attitudes among the judges

• Agreement on a uniform standard for the most common situations

• Guidelines and checklists

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SVERIGES DOMSTOLAR 23-04-20

The basis for a career as a judge

Master of Law Degree (LLM.)

Law Clerk in a District Court or

County Administrative Court

General CourtAssociate Judge of Appeal

Acting Associate Judge of Appeal, 1 year

Assistant Judge, 2 years

Law Clerk, 1 year

General Administrative CourtAssociate Judge of Appeal

Acting Associate Judge of Appeal, 1 year

Assistant Judge, 2 years

Law Clerk, 1 year

Permanent Judge

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SVERIGES DOMSTOLAR 23-04-20

4. Associate Judge

2. Reporting Clerk

3. Assistant Judge

1. Law Clerk

GENERALCOURTS

The SupremeCourt

Courts of Appeal (6)

District Courts(49)

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SVERIGES DOMSTOLAR 23-04-20

Lay Judge - Role and Assignment

• Every Court has a number of Lay Judges (except for the Supreme Court

and the Supreme Administrative Court)

• Appointed by the Municipal and County Councils in each Court

District

• Appointed for 4 years

• No Law Degree

• The Lay Judge, like the legally trained judge, has one single vote

• Almost 9 000 Lay Judges in Sweden 2007

• They take part in criminal cases and some administrative cases