What does a “Judicial Law Clerk” do?
A judge’s law clerk will generally take the cases that come up on appeal and do extensive research on the laws that apply to each case. They will then draft a memorandum for the judge, which gives an outline of the case facts and a general idea of the specific laws that apply to the case. Then the judge will do additional research and tell the law clerk how the case should be decided. The next phase is writing a judicial opinion, which is a written argument that sets out the law that applies to the case, the facts of the case, and then the judge’s reasons for deciding the case the way it did. Some judges will write an opinion themselves and have the law clerk review it for logic and consistency. Other judges will have the law clerk do a draft of the opinion and then make changes and corrections themselves. The judicial law clerk helps keep the judge informed on changes in the law and specific nuances in the case facts, allowing the judge to spend his time making sure he is deciding the
Related Questions
- The trial judge has made an unusual ruling that Picktons lawyer will be permitted to open to the jury at the beginning of the trial. What advantage does this pose for the defence?
- What should a judge do if he or she is mentoring a new lawyer who appears before the judge in court?
- How do I contact a particular justice or judge on the appellate courts?