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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. 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.


Court proper

Foremost 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 The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. Federal tribunals in the United States, federal court cases, and over Stat ...
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, independent advocates such as
barristers A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include taking cases in superior courts and tribunals, drafting legal pleadings, researching law and givin ...
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
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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''. * 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 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 trans ...
, constables, and other kinds of peace officers


Services to the parties

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 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 accordan ...
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 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 broo ...
, who will carrying communications, verbal or written, and execute other orders of the court.


See also

* Officer of the United States


Sources and references


Law.com
{{DEFAULTSORT:Officer Of The Court Legal ethics Legal professions Common law legal terminology Judicial legal terminology