Statute Governing the Work of Judicial Clerks

Article 1

  • The terms and words mentioned below - wherever they appear in the regulation - shall have the meanings stated next to them unless the context requires otherwise:

    • Council: Supreme Judicial Council.

    • President: Chairman of the Supreme Judicial Council.

    • Regulation: Regulation of the work of judicial assistants.

    • Administration: Administration of judicial assistants' affairs.

    • Director of the Administration: Director of the Administration of Judicial Assistants' Affairs.

    • Assistant: Assistant Director of the Administration of Judicial Assistants' Affairs.

    • Assistant: A person holding the position of judicial assistant.

    • Judicial Assistance: Judicial assistance.

    • Assignment: Order issued by the competent authority.

    • Circuit: The judicial circuit composed of one or more judges.

Article 2

A management for the affairs of the assistants is established within the Council - branching from the General Administration for the Functional Affairs of Judges - consisting of a director and an assistant chosen by the Council from among the judges of the first instance courts, and a sufficient number of employees and others are attached to the management as needed.

Article 3

  • The administration shall, in addition to the other competencies specified in the regulation, undertake the following tasks:

    • A- Supervising the nomination of the lieutenants and following up on their nomination procedures.

    • B- The employment affairs of the lieutenants, including appointment, secondment, transfer, leave, study leave, and following up on students with the relevant authorities, and other matters.

    • C- Preparing a plan for the internship that takes into account the work of the lieutenant in various courts or specialized departments, including the stages of the internship, the type of work in each stage, its duration, location, the skills and knowledge to be acquired, the means to achieve them, and so on, which shall be approved by the Council.

    • D- Supervising the implementation of the plan referred to in (Paragraph C) of this article, following up on the work of the lieutenants, and preparing reports related to them.

    • E- Coordinating with the Council's departments and relevant entities regarding the lieutenants in terms of study, training, and other matters.

    • F- Any other tasks assigned by the Council or the President according to their jurisdiction.

Article 4

  • The Director of the Administration is responsible for the following tasks:

    • A- Supervising the work of the administration and its employees, and dividing the work among them.

    • B- Preparing a comprehensive report at the end of each year that includes the achievements that have been made, the impediments encountered, and suggestions regarding them, and submitting it to the President.

    • C- Any other tasks assigned by the Council or the President according to their jurisdiction.

Article 5

The assistant to the director of the department shall assist the director and shall have the powers and authorities of the director in their absence.

Article 6

Previous Amendments

1) The duration of the attachment is at least three years from the date the attached individual begins work in the court after a decision from the council appointing them to this position, and the first and second years are considered a probation period.
2) The duration of the attachment for those who have been released for study from the judicial attachés and have obtained the degree for which they were released is one year, and the duration of training for those appointed to the position of Judge (B) starts from one year from the commencement of their training, and this year is considered a probation year for them.

Article 7

The President of the Court assigns the assistant to accompany the court divisions according to subject jurisdiction and in accordance with the approved plan.

Article 8

Previous Amendments
  • 1) Taking into account the formation of the circuit, the judge trainee shall consider the declarations after being enabled to work, and he shall render judgments - after the case is referred to him - after at least three months from the beginning of the training, and he must present to the circuit all that he has conducted before rendering the judgment.

  • 2) The following cases are exempted from what is stated in paragraph (1) of this article:

    • A- Homicide or lesser offenses.

    • B- Establishment of Title.

    • C- Dispute over real estate ownership.

    • D- Liquidation of contributions.

    • E- Interdiction on bankrupt persons or adult prodigals and lifting it from them, including issuing guardianship certificates.

    • F- Prisoners and detainees.

    • G- Endowments.

    • H- Any other cases that the council decides to exempt.

Article 9

  • 1) The assistant shall initially consider cases, or complete them upon written assignment from the head of the department, or from their deputy, or from the head of the court in the absence of the department if not assigned to assist in another department, taking into account the number and type of cases when assigning.

  • 2) The assistant shall not be assigned to the following:

    • A- Completing the quorum of the department composed of judges.

    • B- Considering the case if the department - to which they are assisting - is prohibited from considering it, or if there is a reason for recusal.

Article 10

If the term of the assistant at the court or at the chamber regarding a case ends before the pronouncement of judgment, and no one has been assigned to continue its consideration, the chamber must complete the consideration of the case. In all other cases, they shall be dealt with according to the prescribed legal procedures.

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