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US JUDICIAL EMPLOYEES

This article explores the structure and functions of judicial employees within the U.S. court system, including federal and state courts. It details the different categories of employees—judicial, legal professionals, and administrative staff—and their specific roles within the judiciary. The piece also discusses the independent nature of the judicial branch, the rights of judicial employees to unionize, and the ethical standards they are held to. Furthermore, it highlights unique challenges faced by these employees in maintaining the integrity and independence of the judiciary.

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US JUDICIAL EMPLOYEES

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  1. US JUDICIAL EMPLOYEES Professor Delaine R. Swenson

  2. UNITED STATES: 53 Court Systems 50 States; Federal; DC, P.R.

  3. US Court System

  4. FEDERAL COURTS

  5. US FEDERAL CIRCUIT COURTS

  6. US JUDICIARY • Fully Independent Branch of Government. • Funds subject to the political process. • Administration in the hands of the judiciary independent from other branches of government. • This includes all hiring and firing decisions involving court personnel. • Judiciary zealously guards its independence. Example: WSBA Unionization.

  7. US JUDGES BY JURISDICTION

  8. US CASES BY JURISDICTION

  9. US JUDICIAL EMPLOYEE CATAGORIES • JUDICIAL EMPLOYEES • PROFESSIONAL EMPLOYEES (LEGAL) • ADMINISTRATIVE

  10. CATEGORY 1: JUDICIAL • APPLIES TO EMPLOYEES WHO CARRY OUT SOME SORT OF QUASI-JUDICIAL FUNCTION SIMILAR TO JUDGES. • INCLUDES MAGISTRATES, PARA-JUDGES AND COURT COMMISSIONERS. • OFTEN DEAL WITH PRELIMINARY MATTERS IN CIVIL AND CRIMINAL CASES PRIOR TO TRIAL

  11. CATEGORY 2: PROFESSIONAL (LEGAL) • REFERS TO LAWYERS OR OTHERS REQUIRING A SPECIALIZED EDUCATION • STAFF ATTORNEYS • LAW CLERKS

  12. CATEGORY 3: ADMINISTRATIVE • OFTEN KNOWN AS CLERKS OF THE COURT • OVERSEE ALL ADMINISTRATIVE ACTIONS THAT SUPPORT THE WORK OF THE JUDGES AND THE OPERATIONS OF THE COURT SYSTEM. • SOME SPECIALIZED POSITIONS (I.E. I.T., PERSONNEL MANAGEMENT, PUBLIC RELATIONS, ETC.)

  13. JUDICIAL EMPLOYEE UNION RIGHTS • FEDERAL AND STATE LAW GIVE JUDICIAL EMPLOYEES THE RIGHT TO JOIN UNIONS AND ENTER INTO COLLECTIVE BARGAINING AGREEMENTS. • MANAGEMENT, SUPERVISORY OR CONFIDENTIAL EMPLOYEES DO NOT HAVE COLLECTIVE BARGAINING RIGHTS • DUE TO THE UNIQUE PLACE OF THE COURT SYSTEM IN SOCIETY THERE ARE SOME LIMITATONS EMPLOYEES MUST FACE.

  14. ITEMS EXCLUDED FROM COLLECTIVE BARGAINING AGREEMENTS • (1) The merits and administration of the court system; • (2) Coordination, consolidation, and merger of courts and support staff; • (3) Automation, including, but not limited to, fax filing, electronic recording, and implementation of information systems; • (4) Design, construction, and location of court facilities; • (5) Delivery of court services; • (6) Hours of operation of the trial courts and trial court system.

  15. JUDICIAL EMPLOYEES CODE OF CONDUCT • SIMILAR TO JUDICIAL CODES OF CONDUCT • DESIGNED TO AVOID NOT ONLY ACTUAL CONFLICTS BUT ALSO THE “APPEARNCE OF CONFLICTS. • VIOLATION OF THE CODE CAN LEAD TO DISMISSAL. • CODES ARE USUALLY APPLIED VERY RIGIDLY.

  16. EXAMPLES OF CANONS USED IN ETHIC CODES FOR JUDICIAL EMPLOYEES • 1: A Judicial Employee Should Uphold the Integrity and Independence of the Judiciary and of the Judicial Employee's Office; • 2: A Judicial Employee Should Avoid Impropriety and the Appearance of Impropriety in All Activities; • 3: A Judicial Employee Should Adhere to Appropriate Standards in Performing the Duties of the Office;

  17. EXAMPLES OF CANONS USED IN ETHIC CODES FOR JUDICIAL EMPLOYEES • 4: In Engaging in Outside Activities, a Judicial Employee Should Avoid the Risk of Conflict with Official Duties, Should Avoid the Appearance of Impropriety, and Should Comply with Disclosure Requirements; • 5: A Judicial Employee Should Refrain from Inappropriate Political Activity

  18. ISSUES: • ELECTION OF CHIEF COURT CLERKS • INDIVIDUAL JUDICIAL POWER TO HIRE COURT RECORDERS OR OTHER COURT STAFF VS. CENTRALIZED HIRING • INCLUSION IN BROADER GOVERNMENT EMPLOYEE PROGRAMS

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