Court Staff

The growing concern of the delayed disposal of cases has greatly increased the responsibilities of the courts. The rising expectations of the public necessitates that court must adopt measures to improve its performance. The notable  performance standards include access to justice, expedition and timeliness, equality, fairness, and integrity, independence and accountability, and public trust and confidence. Judges, lawyers and court staff all play important roles in assuring the standards are met, and the public is well served by the third important organ of the state.

 In this backdrop, the importance of every court staff's  role cannot be underestimated. It is imperative for every judicial officer  to remember that their most important assets are their staff, and that  with adequate training they can improve judicial efficiency to a significant level. To provide public service in a befitting manner, special attention needed to be paid to the training of the court staff. While there is little existing standardized or formal training to prepare staff to better serve the people, there is a growing concern to strengthen their capacity and help reduce the agonies of the litigants public. Trained, efficient and effective court staff would benefit the institution  in many ways--- high productivity, greater public  satisfaction, cost saving, better service delivery, help reduce delay and restoration of the public confidence in the institution, to name a few.

A detailed curriculum with standardized training modules based on staff training, education, and professional development needs  to be prepared  which center on how to efficiently, effectively, and consistently assure that all the member of staff  are adequately prepared to serve the public.  Keeping in view the large number of different categories of staff,  specialized curriculum can't be developed. However, in view of the similarities and commonalties in the job description,

the following key areas should be addressed:

·         Ethics and integrity

·          Court administration, case processing/management

·         Organization of case files (court filing system)

·         Service of summons

·         Secretarial work, and client service (public relations

·         Collection of fees and financial management skills

·          Enforcement of court orders and execution of judgment decrees.

Objectives

·         To sensitize the staff to their relevant job description

·         To enhance their skills in their relevant fields

·         To help reduce delay

·         To improve  service delivery

·         To make them litigants friendly

·          To bring positive changes in their attitudes

·         To enhance public trust on the institution

·         To help administer justice

·         To make the public access easier to the courts.

Categories of staff

·         Superintendent to the District& Sessions Judge

·         Clerks including English clerk and clerk of court to the SCJ

·         Stenographers & Computer Operators

·         Reader of the Courts

·         Accountant/Nazir& Civil Nazir

·         Copying Supervisor, clerk, Agent, Copyist

·         Examiner

·         Muharir

·         Bailiffs and Process Servers

·         Chowkidars

·         Naib Qasids

For each category, the following courses are devised:

Superintendent and clerk of the court

Maintenance  of record and correspondence:

The superintendents to District & Session judge and COC to SCJ are involve in the official correspondence and its maintenance, therefore, they be trained in:

·         Drafting official letters

·         Taking notes

·         Preparation of note sheets

·         Maintenance of character rolls of the staff

·         Submission of PER forms of the staff to the reporting officer

·         Preparation of Duty roaster of the staff

·         Maintenance of different registers

·         Distribution of Agenda for the monthly meeting of the Judicial officers

·         Maintenance of record

Activity: A letter has been received from the Registrar, Peshawar High Court, asking for progress in the construction of a Record Room in the District Courts. ·         Describe the official procedure required to be adopted on receipt of the letter. ·         Put up the letter to the District & Sessions Judge on a proper note sheet, ·         Prepare a draft reply, ·         Adopt the next procedure, following the approval.

Stenographers and computer operators

In this era of information technology, IT skilled staff  are of significant importance. Efficient and n become properly trained  stenos and computer operators can become helping hand to the judicial officers. They can greatly help the judges in timely writing of judgments and orders. An efficient steno and computer operator must possesses skills in;

·         In short hand

·         Dictation of orders and judgments

·         Preparation of computerized statistical data

·         Preparation of automated cause list

·         Preparation of Monthly statements

·         Preparation of inspection notes

·         Expert use of the computer

·         Maintenance of the computer system

·         Command over the key punching

·         Collection and computerizing the court data

Activity for stenographers: The instructor shall dictate a paragraph to the stenographers, who shall then, type it. Evaluate accuracy in short hand, typing speed and accuracy in language.

Activity for KPOs: Prepare the monthly statement (of statistical data of Disposal based Performance Evaluation Proforma-DPEP), showing institution and disposal of cases in the court.

Readers:

Readers of the court set next to the judge. They remain in contact with the litigants in the court room. Trained and skilled readers can effectively plays an important role in the quick dispensation of justice. The proper maintenance  of the daily diary and prioritization of cases by the reader help the smooth running of judicial business ,therefore, all the readers must be proficient in the;

·         Preparation of daily cause list

·         Maintenance of daily dairy

·         Maintenance of  relevant registers

·         Scrutiny of plaint, appeals, revision to check: court fee, etc

·         Giving  proper parcha peshi to the parties

Activity: Scrutinize a given plaint.

Accountant/Nazir:

Accountant and Nazir deals with the financial matters of the district courts. They must possess skills in the;

·         Maintenance of the record of the signature of all the judicial officers

·         Preparation of pay & TA bills of the judges and staff

·         Preparation of contingency bills

·         Maintenance of relevant registrars

·         Maintenance of accounts

Activity: Prepare monthly budget.

Copying Supervisor, Agent ,Clerk and Copyist:

 The copying branch  is one of the busiest place in the district courts. During the course of proceedings  and after the disposal of cases, parties have to get  copies of the record. It is complained that the performance of  the copying branch is not up to the expectations of the litigants public. Many factors contributes to the efficient performance of the copying branch---sensitization of the staff to their duty, lack of supervisions by the high ups and lack of proper training of the staff, to name a few. Thus, the staff of the copying branch must be formally trained in the;

·         Maintenance of receipt book for copies

·         Keeping of accounts of receipts

·         Keeping of receipts of issuance of copies

·         Proper maintenance of applications for copies

·         Sanctioning of applications for copies

·         Keeping of all the files in lock

·         Maintenance of register in form CD-8

·         Maintenance  of accounts of the copying branch

Examiner:

Like other staff of the copying branch, the examiner also play a key role in providing copies to the parties. His role, being supervisory in nature, can minimize the chances of misuse of the powers by the copying staff. To ensure his effective role, he must be sensitize in the areas of;  

·         Revision of copies

·         Examination the copies

·         Certifying the copies

·         Stamping the copies

·         Paging the copies

·         Endorsing the copies

·         Cancelation of the defective copies

·         Supervision of the copyist

·         Timely Preparation of copies

Activity: A plaintiff seeks copies of plaint, written statement, issues, evidence of parties and judgment and decree of a civil suit. ·         List the necessary formalities mentioned in the High Court Rules and Orders. ·         Prepare copies of the required documents per the said rules.

Muharir:

Muharir is the custodian of the record of the court. He receive the cases after being admitted by the presiding officer of the court. His prime duty is to prepare summon/notice to inform the opposite party that a lis has been filed against him. An efficient and trained Muharir can considerably help in the quick disposal of cases by issuing timely process. To achieve this end, all Muharirs, must be trained in;   

·         Registration of cases in the relevant registers

·         Preparation of checklist to the files

·         Preparation and issuance of process

·         Preparation of different Performa's

·          Maintenance of the court record

·         Preparation of different statements

·         Maintenance of chronological list of cases

·         Keeping files in tidy conditions

·         Maintenance of different registers

·         Compilation of record

·         Preparation of index of the decided cases

·         Consignment of record on time

Activity: Compile, complete and consign a civil suit after its decision by the Presiding Officer. Follow the relevant High Court Rules and Orders.

Naib Nazir:

·         Noting the particulars of every process issued

·         Maintenance of relevant registers

·          Consignment of cases to the record room

·         To give diet money to the official witness deposited by the parties

·         Custodian of different registers

Bailiffs and process servers:

Bailiffs and process servers are the foot soldiers of the judiciary. They are the field workers and remain in close contact with public especially, the litigants. They visit the field on daily basis to serve the process of the court and inform the parties about the litigation pending against them. Their role in the administration of justice is of vital importance. They can play a significant role in the delay reduction if they are properly trained. They are needed to be sensitize in the following key areas;

·         How to note the particulars on the processes

·         How to service  summons, notices

·         How to execute warrants including warrant of attachment

·         How to payment  diet money to witnesses

·         How to manage sale in certain in circumstances 

Activity: A notice is issued by the Presiding Officer, which is to be affixed on the residence of the opposite party (defendant). ·         What legal formalities are to be fulfilled? ·         Write a report of the proceedings.