Clerks influence

[Raul Alberto Sanchez Urribarri]

  Between the USA model (where clerks tend to be brilliant, but relatively 
inexperienced JDs) and the German model depicted by Prof. Kommers (with highly 
experienced, career-clerks having a huge influence in judicial decision-
making), we should find different types of arrangements.  For instance, in 
Venezuela, every Justice has its own team, probably of 5 to 
10 lawyers, organized in terms of experience and specialty.  The 'top-rank' 
clerks, by default, are experienced lawyers who tend to spend most of their 
careers at the court (and even survive the eventual justices-replacement 
events).  Some of them started their professional lives in the court and were 
promoted according to their own expertise.  Others arrive in the Court after a 
few years of private practice or experience at bureaucratic agencies.  
On the other hand, the 'lower-rank' clerks tend to be young lawyers, with 
strong qualifications, and their work is normally supervised by the more 
experienced clerks.  

I am inclined to believe that this 'mixed' model is followed in other Latin 
American jurisdictions. I would certainly appreciate comments on this point.  
It would be interesting to hear from overseas list members, in order to have a 
better idea of the cross-country variation in this region, and elsewhere.

Raul S.

Raul A. Sanchez Urribarri, LL.M.
Ph.D. Candidate in Political Science
Department of Political Science
University of South Carolina
Columbia, SC