What rights does the court clerk have? The responsibilities of the holder of this position are quite extensive. He keeps a record of the court session, and also prepares many other documents for each specific case.
Legal framework
Based on what regulatory documents does the court clerk work? The duties and rights of such an employee are determined by the job description. A civil servant is obliged to be guided in his work by the country's Constitution, presidential decrees, federal regulations, as well as decisions of the Supreme Court and the government.
In his activity, this participant in the meeting is obliged to refer to the job regulations and the work schedule. In the absence of a clerk for objective reasons, his replacement is carried out by an assistant judge.
Who can work
Where can I get the specialty “court clerk”? The duties of such an employee include obtaining legal or legal higher education. What are the requirements for an applicant for a similar position? Among them:
- possession of the legislation of the country;
- knowledge of the regulatory framework;
- information processing skills;
- knowledge of fire safety and labor protection rules;
- ability to put theoretical knowledge into practice
Prior to assuming office, the applicant is explained the basic rights and obligations of the court clerk. He gets acquainted with the job description, standard rules of etiquette, work schedule.
Distinctive qualities
What skills should a court clerk have? The responsibilities that such an employee fulfills require his analytical skills.
The employee must be familiar with the methods of planning, instant decision making, communication skills, competent distribution of working time, tolerant attitude towards others. The secretary must possess the skills of conducting business negotiations, information technology, systematically improve their skills.
The contents of the standard instructions
It indicates the main responsibilities of the clerk of the court. Let us dwell on them in more detail:
- study of all participants in the court session;
- entering information on the preparation of a specific case in the fact sheet;
- preparation and indication of cases assigned for consideration at the information stand;
- analysis of the readiness of the equipment and the room for litigation;
- checking the attendance of all participants in the meeting, identifying the reasons for the absence;
- execution of instructions given by the judge to organize the process;
- maintaining, drawing up a protocol during the meeting itself;
- informing all participants in the process if the meeting date is postponed;
- preparation and sending copies of documents to all participants in the process within the time limits established by Russian legislation
Distinctive features of the profession
We continue the conversation about what is the responsibility of the court clerk. They are standard, but, depending on the status of the institution, may vary slightly. Let us analyze some features of this profession. The duties of the clerk of the court session of the district court include many actions that require certain skills from the employee. Few people dream of attending criminal and administrative trials, watching the appearance of the defendant and the plaintiff.
With extensive job responsibilities, maximum workload, such workers have a fairly low salary.The duties of the clerk of a court hearing in a magistrate court include not only record keeping, but also calling witnesses.
A similar position does not apply to public servants. In fact, this is the clerk of the minimum level, performing a huge amount of work. It is he who provides in full the activities of a particular judge.
Main responsibilities
What does the secretary of the judicial session of the justice of the peace do? The responsibilities of such an employee are as follows:
- Notification of the main participants in the process of the date and time of the meeting. Not just sending notifications by mail, but also searching for the location of the defendant, witnesses, other persons. Quite often, participants in a particular case try to delay its consideration by any means, try to evade written notifications (summons). The secretary must find the person and explain to him the legal consequences of such actions.
- Accounting and analysis of outgoing and incoming documentation: sorting incoming messages, filling out a journal.
- Issue of originals and copies of decrees and decisions to both parties (to third parties, if necessary).
- Statistical reporting.
- The performance of other functions that are related to the formal activities of the judge.
Additional Responsibilities
In addition to the official functions, which are determined by the job description, also a lot of additional routine work is assigned to the secretary. The number of cases that are currently being considered in Russian courts significantly exceeds the permissible standards; therefore, the following responsibilities are also assigned to secretaries:
- analysis of statements of claim for compliance with legislative standards (in case of violations, the secretary draws up a report to the plaintiff on refusal to initiate proceedings or leaves the application without movement);
- assistance in maintaining the protocol during the meeting (fixing the maximum amount of information when interviewing witnesses);
- assistance in drawing up ready-made decisions (the judge makes only the main drafts, and the secretary finalizes the document in accordance with the requirements of Russian law).
A specific list of the duties that such an employee performs depends on the particular organization of work in a particular court.
Some moments
Despite the fact that the secretary has a lot of different responsibilities, holding this position, a person has a great opportunity to understand for himself all the subtleties of the work of the court. On average, wages do not exceed 15-20 thousand rubles, but one-time additional payments in the form of bonuses are also possible.
That is why there are quite a few job offers in the court as a clerk. In some institutions of this type for 4-6 months they can not find a suitable candidate. Working as a secretary for a justice of the peace, you can realize your willingness to work in the legal field.
This position is a great start for a successful lawyer career. Recently, students of law schools who study in absentia have been accepting such vacancies. Having worked for 3-4 years, at the same time having received a law degree, they easily find work in various law firms.
To summarize
The court clerk is often a person who dreams of a legal career, but, due to various circumstances, cannot immediately study at a prestigious legal institution.
Once in a similar position after graduating from law college, the secretary not only earns work experience, but also acquires professional skills that will help him in his future career. This is perseverance, prudence, accuracy, punctuality. Since the duties of the secretary include communication with people, communication skills are improved, and skills are developed to find a common language with different defendants and plaintiffs.
Such an employee is responsible for the workflow, carries out large-scale clerical work, which involves attention and accuracy. His participation in the trial consists in the preparation of normative documentation on cases planned for consideration, as well as in the subsequent maintenance (within the framework of the meeting itself) of the protocol. He must clearly comply with the job regulations, orders (orders) of the court leadership, maintain the required level of qualification (improve it as part of the course preparation, master classes, conferences, competitions).
In carrying out his duties, the court clerk must observe the legitimate interests and rights of legal entities and individuals. He does not have the right to disclose information that he has become aware of as part of his professional activities, as well as to disseminate information that is a commercial or state secret.
Also, his duties include the preservation of the property of the court, compliance with fire safety rules, respect for all participants in the trial (defendant, plaintiff, witnesses in the case under consideration).