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Guidance for Law Clerks

Welcome to the High Court!

If you are reading this, that means you have been appointed as Law Clerk, and will assist the Permanent Justice in the consideration of a legal question. This is a fantastic opportunity to learn about the internal functioning of the High Court and help interpret our laws. Few members have ever had a chance to participate in the judiciary, so you should make the most of this opportunity, trying to help as much as possible by giving it your best.

What does a Law Clerk do?

A Law Clerk is a legislator appointed by the Permanent Justice to assist him in the consideration of a Legal Question. Currently there are no plans to appoint them for Criminal Cases. In making the appointment, the Justice considers the good character and trustworthiness of the person, as well as their interest in participating in good faith in the business of the Court.

Once appointed, the Law Clerk will be given their specific assignments by the Justice, which may involve some of the following:

• Write their own preliminary view on the issues of the case
  
• Conduct research on specific laws and case precedent relevant to the case
  
• Help the Justice prepare for Oral Argument
  
• Write the initial draft of the opinion
  
• Review subsequent drafts written by the Justice
  
• Discuss the particulars and development of the case with the Justice

In short, what the Law Clerk does is help the Justice reach the best possible result, so the law can be correctly interpreted according to all the available information. In return, the Law Clerk obtains a wealth of knowledge and experience on legal interpretation, a view of Court business that not many would ordinarily get and has the distinction of having participated in issues of vital importance to the legal development of the region.

What is expected of a Law Clerk?

Aside from the obvious answer of doing their job according to what the Justice requires, there are some responsibilities to being a Law Clerk. This is a position with access to privileged information and subject to a great deal of trust, which means that the partnership between Justice and Law Clerk only works if there is mutual trust. What follows is a DO/DON’T list that should be followed by all Law Clerks:

DO

• Explain to others what you do as a Law Clerk and what the Court does
  
• Invite other legislators in good standing to apply for Law Clerkships
  
• Talk with the Justice if you feel you might have a conflict of interest with any part of the case
  
• Ask the Justice for help when an instruction is unclear
  
• Ask the Justice for additional time when the task is too complex
  
• Speak up if you feel you are being asked something unethical
  
• Provide constructive criticism to the work and opinions of the Justice
  
• Provide your own ideas and opinions on the case

DON’T

• Inform anyone of the contents or general direction of the opinion
  
• Discuss the particulars of the case with the petitioner or any other party
  
• Leak information on the opinions of the Justice or the questions he will ask in Oral Argument
  
• Speak on behalf of the Justice or the Court
  
• Portray yourself as possessing the authority of the Court
  
• Confuse your role of assisting the Court with actual membership in the Court
  
• Boast the access and privileges of your position
  
• Cast votes or make posts that could compromise your neutrality or that of the Court

This is, above all, an opportunity to learn and have some, and it doesn't help anyone to have the Law Clerk be overworked or confused, so if things get too difficult or overwhelming, just let the Justice know, so he can explain things and work out any issues that may arise.

Welcome!