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What is an Officer of the Court?

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  • Written By: Carol Francois
  • Edited By: A. Joseph
  • Last Modified Date: 05 December 2016
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An officer of the court is a title applied to someone who works in the legal system. Although many people assume that only a lawyer or a judge are referred to by this title, this is not the case. The term also is used to describe a bailiff, court clerk, or justice of the peace. The type of person who wants to work in a courtroom is committed to the concept of justice through the practical application of the law. All can be divided into three categories: courtroom, investigation and service.

A court officer is often someone who makes decisions and has an impact on the outcome of a case. This includes judges, arbitrators, mediators and magistrates. In a jury-based system, the jury as a collective unit is considered an officer of the court, although an individual juror does not have this responsibility. Prosecutors and defense attorneys also fall into this group.

Coroners, medical examiners, subject matter experts, and other professionals are considered officers of the court as well. The use of their skills, equipment, and experience is often required to make a decision, elevating their status from witness to officer. Staff members who work to enforce the decision of the court, such as a marshal, constable or bail bondsman also can be considered court officers.

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Other people in this category are interpreters, translators, and advocates. This is because of the courts' reliance on the services that these people provide to ensure a just and fair process. In many areas, social workers in child or youth courts are considered to be court officers, as they often act as advocates for the child.

In order to become an officer of the court, candidates must complete legal or judicial training. Depending on the position, this might be a short college program or a full law degree. It is important to note that lawyers must successful complete the bar examination.

During the hiring process, everyone who is going to work in the legal and justice system swears an oath to uphold the law and to act as an officer of the court. The purpose of this general term is clearly to indicate that everyone involved in the system is working toward a common goal. Personal interests and ambitions should not be relevant, because everyone works to serve the court.

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anon988346
Post 3

OK BMC. I'd probably agree that court reporters are actually officers of the court if they are actually required by the court to perform official transcriptions (but are not necessarily paid for some services they provide by the court itself).

But what about me? I've been a Notary Public in my state for over 30 years now. Every four years, my state's governor reappoints me to a new commission to perform certain limited duties. I do consider myself an officer of the state during my commissions, when performing my official duties. In some cases, my duties may even require me to serve as an officer of the court as well.

Unfortunately, e-signatures with e-notarizations have replaced our services to some extent, but we're still here too.

MaPa
Post 2

The term "officer of the court" can mean a lot of things, because it covers so many jobs, but it is an important idea.

These individuals can often wield a lot of power when they do their job, because really they work for, or at least under, the judge, and judges have really wide-ranging powers over things that happen in their courtroom, even if those things have happened already or have yet to happen.

In other words, a judge can order anyone to appear in their court, and then send a bailiff, deputy, or marshal to get them if they don't come. Violate a court order? You can end up in jail. Judge grants you bail? It can be revoked at any time, and the police or a bail bondsman can arrest you.

BigManCar
Post 1

Don't forget one other person who is almost always present for a court proceeding, the court reporter! This officer of the court creates an accurate record of the hearing, trial, or deposition so that everyone knows what was said, and can refer to it later.

I have been doing this job for 30 years. People have been saying for some time that we are going to be replaced by tape recorders or video, but we're still here.

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