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Who does what in Swedish courts

Who does what in Swedish courts. Swedish Judiciary staff January 1, 2007. Rent and Tenancy Tribunals (8). Swedish National Courts Administration. General Administrative Courts. General Courts. Legal Aid Authority. Total.

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Who does what in Swedish courts

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  1. Who does what in Swedish courts

  2. Swedish Judiciary staffJanuary 1, 2007 Rent and Tenancy Tribunals (8) Swedish National Courts Administration General Administrative Courts General Courts Legal Aid Authority Total

  3. 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

  4. 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: ……

  5. Good reasons for delegation • ”Purification” of the role of judges • Efficiency • Job satisfaction • Economy

  6. The Judge should not see the cases until the day of hearing Determination Hearing/Session Expedition/ archive Registration Distribution Preparation

  7. 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.

  8. 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

  9. 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

  10. 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?

  11. 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

  12. The basis for a career as a judge Permanent Judge General Court Associate Judge of Appeal Acting Associate Judge of Appeal, 1 year Assistant Judge, 2 years Law Clerk, 1 year General Administrative Court Associate Judge of Appeal Acting Associate Judge of Appeal, 1 year Assistant Judge, 2 years Law Clerk, 1 year Law Clerk in a District Court or County Administrative Court Master of Law Degree (LLM.)

  13. 4. Associate Judge 2. Reporting Clerk 3. Assistant Judge 1. Law Clerk GENERALCOURTS The SupremeCourt Courts of Appeal (6) District Courts(49)

  14. 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

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