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World Law Enforcers Day

Sixth World Day

Of the Judicial Officer

6 JUNE 2013

“The Judicial Officer: legal interface between litigants’

Press release

 

The judicial officers are the actors without whom the trial would be an endless play.

This has a double meaning:

- Either they are those by which the conflict finds a solution out of the courtroom drama.

- Or it can be inferred that their involvement is at the very end of the legal process chain and that they are therefore the last link of judicial actors for litigants.

In both cases, they can be seen as litigants’ partners who finding them the forced or voluntary settlement of legal disputes that cause their torment.

Indeed, at first, in the context of non-trial relations, the judicial officer can act as a mere adviser or mediator.

His court proceedings may be initiated on the basis for instance of a statement of facts after which he may, at the request of the applicant, inform the other party of his statements and ask him to fix the relating problems.

By this amicable action, he will have resumed a dialogue, restored a broken or distended relationship or at least appeased a conflict while avoiding a procedural phase.

The same applies in a context of mediation where the judicial officer is then usually legally framed and in which, as a neutral third party, through the organization of exchanges between parties he will give a solution to the dividing conflict.

In a second step, where the trial took place, the concrete expression of the law given by the judge will be found in the work of the judicial officer.

It is he who will implement the rule of law to be materially carried out against the debtor.

It is he who will have to explain the court decision to litigants, being the creditor or the debtor.

He will become the legal messenger, the only contact between citizens and “the judiciary”, therefore a legal interface between litigants and Justice.

He will have make parties understand and accept.

Often, citizens are clueless, suffer misunderstanding and when the face of justice takes the form of the one who is responsible for giving it its final expression – the judicial officer – they will be able to find in him attention, the information that will restore trust in the justice system of their country.

The judicial officer, even in the enforcement phase of a judgment is there to give advice, to inform, to explain.

He thus provides the link between litigants and judges, litigants and the judiciary because he is the final hyphen between these parties.

As a local lawyer, he is geographically close to the citizen as the offices are located in the countryside and in the cities and he ensures that the use of new technologies does not break this link.

Proper training helps him ensuring this role. He received legal training but sometimes also communication training.

The International Union of Judicial officers emphasizes on this aspect of the training of judicial officers who need to be able to ascertain the situation of the citizen and offer him the appropriate solution.

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