1 SVERIGES DOMSTOLAR Who does what in Swedish courts

2 SVERIGES DOMSTOLAR Swedish Judiciary staff January 1, 2007 Categories Permanent Judges Non-permanent Judges Law Clerks Case preparation Officers Court Secretaries Administration Total General Courts General Administrative Courts Rent and Tenancy Tribunals (8) Legal Aid Authority Swedish National Courts Administration Total

3 SVERIGES DOMSTOLAR 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 SVERIGES DOMSTOLAR 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 SVERIGES DOMSTOLAR Good reasons for delegation ”Purification” of the role of judges Efficiency Job satisfaction Economy

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

7 SVERIGES DOMSTOLAR 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 SVERIGES DOMSTOLAR 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 SVERIGES DOMSTOLAR 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 SVERIGES DOMSTOLAR 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 SVERIGES DOMSTOLAR 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 SVERIGES DOMSTOLAR The basis for a career as a judge Master of Law Degree (LLM.) Law Clerk in a District Court or County Administrative Court 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 Permanent Judge

13 SVERIGES DOMSTOLAR Associate Judge 2. Reporting Clerk 3. Assistant Judge 1. Law Clerk GENERAL COURTS The Supreme Court Courts of Appeal (6) District Courts (49)

14 SVERIGES DOMSTOLAR 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 Lay Judges in Sweden 2007 They take part in criminal cases and some administrative cases