Judicial officer

“ Now, this want of jurisdiction of the inferior court in a summary proceeding to remove an officer of the court, or disbar an attorney or counsellor, is one of the specific cases in which this writ is the appropriate remedy. We have already seen, from the definition and office of it, that it is issued to the inferior courts 'to enforce the due exercise of those judicial or ministerial powers with which the crown or legislature have invested them ”

“ Most judicial officers, including the Attorney-General, coroners, and registers of probate, are appointed by the Governor. Judicial officers serve during good behavior, except justices of the peace, whose terms expire in five years. ”

“ Said the court: 'There is ample power in a court which has been regularly convened to adjourn to a futurn time, provided it be not beyond the term; but in the absence of a statute authorizing it, the clerk or other ministerial officer cannot act for the judge in either opening or adjourning court. The clerk is a ministerial officer, and, without statutory authority, can exercise no judicial function. The opening, holding, and adjournment of court are the exercise of judicial power to be performed by the court. ”

“ By § 266 of the Judicial Code, a suit in which application is made and pressed for an interlocutory injunction 'restraining the enforcement, operation, or execution of any statute of a State by restraining the action of any officer of such State in the enforcement or execution of such statute, or in the enforcement or execution of an order made by an administrative board or commission' is required to be heard by a court of three judges constituted as the section prescribes. ”

“ The courts have no power to direct them as to the mode in which the duties imposed upon them by. law shall be performed, and it seems to us to be a great misuse of language to call them officers of the courts.— Nor do we think that they can, with any propriety, be called judicial officers. ”

“ A survival of the “non-regulation” system is to be found in the title of deputy-commissioner for the district officer elsewhere called collector. The highest judicial authority is styled the chief court, consisting of five judges, which corresponds to the high court elsewhere. ”

“ If the act be a judicial one, the writ can only require the judge to proceed in the discharge of his duty with reference to it; the manner of performance cannot be dictated. Here the writ could not command the county judge to select as jurors any particular persons, black or white, but only to proceed and select such as are qualified,-its command in that respect being subject to the limitation incident to all commands of such writs upon judicial officers touching judicial acts. ”

“ The judicial officers designated in the treaty, and upon whom jurisdiction is conferred, are 'the respective judges and other magistrates of the two governments.' The act of Congress, in carrying out this provision, designates the Justices of the Supreme Court, the Judges of the several District Courts of the United States, the Judges of the several State Courts, and Commissioners specially authorized so to do, by any of the courts of the United States. ”

“ EXECUTIVE, n. An officer of the Government, whose duty it is to enforce the wishes of the legislative power until such time as the judicial department shall be pleased to pronounce them invalid and of no effect. ”

“ The Judge-Advocate attends every trial and coaches the Court in everything, from the etiquette of taking off your cap when you are taking the oath to the duty of rejecting "hearsay." He never prosecutes—that is always the task of some officer specially assigned for the purpose—but he may "sum up." ”

“ All that is requisite to their validity is that, when not taken for matters occurring in open court, in the presence of the judges, notice should be given to the attorney of the charges made and opportunity afforded him for explanation and defence. The manner in which the proceeding shall be conducted, so that it be without oppression or unfairness, is a matter of judicial regulation.
The authority of the court over its attorneys and counsellors is of the highest importance. They constitute a profession essential to society. ”

“ Can it be doubted that upon application from those whose interests are involved in the performance of his duties by the marshal, it is the right and the duty of the court in such a case to correct the irregularities of its officer, and to compel him to perform his duty? There is inherent in every court a power to supervise the conduct of its officers, and the execution of its judgments and process. ”

“ Under the impetus for reform following World War I, the original draft of what became the 8th Article provided that every general court-martial should have a judge advocate whose duties were to be similar to those of the 'law member,' as finally provided for. The proposed Article would have provided further that such judge advocate of the court be a member of the Judge Advocate General's Department or an officer whose qualifications were approved by the Judge Advocate General. ”

“ The officer who convenes the court-martial also has final authority to determine whether charges will be brought in the first place, and to pick the board of inquiry, the prosecutor, the defense counsel, and the law officer who serves as legal adviser to the court-martial. ”

“ The courts of justice, to which allusion has been made, are composed of elders; or not unfrequently the chief of the district acts as the magistrate. When two persons fall into a dispute and bring it before the court, an officer comes for the litigants, and ties together the corner of their quarries. ”

“ Justice Miller stated the general doctrine to be 'that an officer to whom public duties are confided by law is not subject to the control of the courts in the exercise of the judgment and discretion which the law reposes in him as a part of his official functions. ”

“ It is stipulated that judges, who are appointed by the crown, may not be dismissed except in consequence of judicial sentence, nor transferred against their wishes from one tribunal to another, unless in the event of a reorganization of the courts; [799] that they shall exercise their functions strictly in compliance with law; that in criminal cases and cases involving political offenses trial shall be by jury; that in the administration of justice there shall be, so far as practicable, publicity and oral procedure ”

“ CHAPTER XXIII THE CHARACTER OF THE BAR AND ITS RELATIONS TO THE BENCH Every lawyer is an officer of the court as fully as is the judge or the clerk. He has, indeed, a longer term of office than is generally accorded to them, for he holds his position for life, or during good behavior.
Courts could not exist under the American system without lawyers to stand between litigants and the judge or jury. It is a system that requires written pleadings, originally very artificial in form and still somewhat so. ”

“ The attorney-general of the United States, in a written opinion, given by command of the President of the United States, says as follows: “These officers, [Pg 345] [the commissioners,] and each of them, have judicial power, and jurisdiction to hear, examine, and decide the case.” “The certificate to be granted to the owner is to be regarded as the act and judgment of a judicial tribunal having competent jurisdiction.” “Congress has constituted a tribunal with exclusive jurisdiction to determine summarily, and without appeal, who are fugitives from service.” ”

“ It is in the power of any single magistrate, or of the Attorney for the Commonwealth, to lay hold of the commanding officer, whenever he comes ashore, for the breach of the peace, and to proceed against him by indictment. ”

“ Throughout the whole trial, the Commission took the law from the Judge-Advocates with the unquestioning docility usually manifested by a jury on such matters in civil courts. In truth, the main function of a Judge-Advocate appears to be to furnish law to the Court, as in civil courts the main function of the Judge is to furnish law to the jury. ”

“ In a trial by jury in a federal court, the judge is not a mere moderator, but is the governor of the trial for the purpose of assuring its proper conduct and of determining questions of law. This discharge of the judicial function as at common law is an essential factor in the process for which the Federal Constitution provides. ”

“ Attorney General.—The Department of Justice was created in 1789, and its chief official, the Attorney General, was made a member of the Cabinet. This officer is head of the department, and his duty is to prosecute and conduct all suits in the Supreme Court in which the United States are concerned, and to give his advice and opinion upon questions of law, when required by the heads of departments. ”

“ It creates a ministerial officer without legal responsibilities, and necessarily commits to his hands high interests of the government, and to some extent the rights and reputation of individuals, to be treated and observed without any stronger guaranty of fidelity than his own sense or impression of moral obligation. In the important duties of the judge-advocate as recorder, adviser, and prosecutor, the utmost deference to the dignity of the court should be apparent ”

“ If I am not in error, an attorney is as much an officer of the court as the clerk, and it would be a novel thing in a government to have a court to administer law which denied the supremacy of the government itself. ”

“ I think when we are called upon, in the exercise of our equitable jurisdiction, to order an attorney to perform a contract, to pay money, or to fulfil an undertaking, there we have jurisdiction only if the undertaking or the contract is made in his character of attorney, or so connected with his character of attorney as to bring it within the power of the court to require that their officer shall behave well as an officer. ”

“ The chairman, or judge, must be a [Pg 223] major or higher ranking officer and have a degree in law. The judge is assisted by two people's assessors who, on military courts, are active duty officers. People's assessors need have no legal training but, as is the case for civil courts, they must be twenty-three years of age, have been graduated from secondary school, have a good reputation, and have no criminal record. In all military trials the judge and people's assessors must hold the same rank as, or higher than, the accused. ”

“ No magistrate or judge can be deposed for a shorter or longer period, except by a written sentence, nor suspended from the discharge of the duties of his office, except by a judicial act, or in consequence of the order of the king, after he, on sufficient grounds, commands him to be tried by a proper tribunal. ”

“ The Criminal Court of the District, as a court of general criminal jurisdiction, possessed the power to strike the name of the plaintiff from its rolls as a practicing attorney. This power of removal from the bar is possessed by all courts which have authority to admit attorneys to practice. It is a power which should only be exercised for the most weighty reasons, such as would render the continuance of the attorney in practice incompatible with a proper respect of the court for itself, or a proper regard for the integrity of the profession. ”

“ From this position, claimed by counsel as a legitimate deduction from the statute, it is argued, that the clerk, having been appointed by an exercise of power wholly illegal and void, nay, even without color of authority, his acts, too, must be merely void, and not entitled to the effects properly attributable to the acts of one who may be considered as an officer de facto, in contradistinction to him whose commission and qualification are in all respects regular, and who therefore may be called an officer de jure and de facto. ”

“ Many executive officers, even those who are spoken of as purely ministerial officers, act judicially in the determination of facts in the performance of their official duties; and in so doing they do not exercise 'judicial power,' as that phrase is commonly used, and as it is used in the organic act in conferring judicial power upon specified courts. ”

“ But it is apparent that the statute requires a judicial proceeding in a competent court. What is a competent court is not specifically stated, but it undoubtedly means a court of general jurisdiction, whether it be a state court or a federal court ”

“ The organization of the Courts and the qualifications of the judicial officials be determined by law.
Article 34. The judicial officials shall command independence in the discharge of their duties.
Article 35. No judicial official shall be dismissed except by trials on criminal offense or disciplinary punishment, nor shall be subjected to suspension, transfer of position or office and reduction of salary against his will. ”

“ If there is any business, not of first-rate importance, requiring the presence of the judge at a distance, the delegation of the deputy or deputies is the proper resource.
Besides the judge and his deputy, there are two adjuncts to every tribunal, which are of the utmost importance; indispensable, indeed, to the due administration of justice. These are, a pursuer-general, and a defender-general. The business of both pursuer-general, and defender-general is, to reclaim the execution of all laws in the execution of which the nation has a peculiar interest, though individuals may not. ”

“ To nominate capable persons as required to fill judicial vacancies or public
prosecutor vacancies, and to recommend their appointment.
d) To promote, advance, upgrade, and transfer judges and prosecutors.
e) To assign or reassign judges and prosecutors to hold specific judicial and
prosecutorial posts as provided for in the Law of Judicial Organization (Law No. 160
(1979) ) and the Law of Public Prosecution (Law No. 159 (1979) ) .
2) The Council shall have such other duties as may be determined from time to time by
law. ”