Concept

Officer of the court

In common law jurisdictions, the generic term officer of the court is applied to all those who, in some degree in the function of their professional or similar qualifications, have a part in the legal system. Officers of the court may include entities such as judges, lawyers, and paralegals, and should not be confused with court officers, the law enforcement personnel who work in courts. In French-speaking jurisdictions, officers of the court, excluding judges, are known as auxiliaires de justice (literally, auxiliaries of justice), not to be confused with judicial assistants. Officers of the court have legal and ethical obligations. They are tasked to participate to the best of their ability in the functioning of the judicial system to forge justice out of the application of the law and the simultaneous pursuit of the legitimate interests of all parties and the general good of society. Foremost those who make the decisions that determine the course of justice and its outcome: judges, magistrates, and arbitrators. prosecutors and crime victim advocates. attorneys for each party – the Supreme Court of the United States held in Ex parte Garland that "Attorneys and counselors are not officers of the United States; they are officers of the court, admitted as such by its order upon evidence of their possessing sufficient legal learning and fair private character." In some jurisdictions, such as England and Wales, independent advocates such as barristers are not officers of the court, whereas in other jurisdictions, such as Ontario, Canada, advocates like paralegals are recognized as officers of the court (though with a more limited scope of practice than lawyers). These are people who may appear in court and testify or offer opinions due to their expertise or experience in a given subject. Their opinions sometimes rise to the level of scientific evidence and are evaluated by judges and juries to reach conclusions or verdicts. Another term for persons consulted by a court is amici curiae.

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