Officers of the Court

The Judge is the officer who is either elected or appointed to preside over the соurt. If the case is to be tried before a jury, the judge rules upon points of law dealing with trial procedure, presentation of the evidence and the law of the case. If the case is tried before the judge alone, he will determine the facts in addition to performing the aforementioned duties.

The court clerk is an officer of the court, also either elected or appointed, who at the beginning of the trial, upon the judge's instruction, gives the entire panel of prospective jurors (veniremen) an oath. By this oath, the venireman promises that, if called, he will truly answer any question concerning his qualifications to sit as a juror in the case.

Any venireman who is disqualified by law, or has a valid reason to be excused under the law, ordinarily is excused by the judge at this time. A person may be disqualified from the jury duty because he is not a resident voter or householder, because of age, hearing defects, or because he has served recently on a jury.

Then the court clerk will draw names of the remaining veniremen from a box, and they will take seats in the jury box. After twelve veniremen have been approved as jurors by the judge and the attorneys, the court clerk will administer an oath to the persons so chosen "to well and truly try the case".

The bailiff is an officer of the court whose duties are to keep order in the court­room, to call witnesses, and to take charge of the jury as instructed by the court at such times as the jury may not be in the courtroom, and particularly when, having received the case, the jury is deliberating upon its decision. It is the duty of the bailiff to see that no one talks with or attempts to influence the jurors in any manner.

The court reporter has the duty of recording all proceedings in the courtroom, including testimony of the witnesses, objections made to evidence by the attorneys and the ruling of the court thereon, and listing and marking for identification any exhibits offered or introduced into evidence. In some states, the clerk of the court has charge of exhibits.

The attorneys are officers of the court whose duties are to represent their respec­tive clients and present the evidence on their behalf, so that the jury or the judge may reach a just verdict or decision.

The role of the attorney is sometimes misunderstood, particularly in criminal proceedings. Our system of criminal jurisprudence presumes every defendant to be innocent until proved guilty beyond a reasonable doubt. Every defendant is entitled to be represented by legal counsel, regardless of the unpopularity of his cause. This is a constitutional safeguard.

It is entirely ethical for an attorney to represent a defendant whom the communi­ty may assume to be guilty. The accused is entitled to counsel in order that he be protected from conviction on insufficient evidence, and he is entitled to every pro­tection which the law affords him.

(3090 t.un.)

NOTES:

В юридическом переводе слово "officer" может переводиться на русский как "служащий" суда, полиции, а не офицер.

Слово "officer" часто используется при обращении к полицейс­кому (констеблю): Excuse me officer, how can I get to...? В тексте Officers of the court - должностные лица суда, чиновники. Chief Executive Officer - президент США, но career/regular officer - кад­ровый офицер.