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Is the Judge or the Clerk Making the Decision? Measuring the Influence of Judicial Assistants via an Experimental Survey among Dutch District Court Judges Cover

Is the Judge or the Clerk Making the Decision? Measuring the Influence of Judicial Assistants via an Experimental Survey among Dutch District Court Judges

By:  and    
Open Access
|Oct 2020

Figures & Tables

Table 1

Attributed influence of assistants by judges via three different duties (N = 80), scale 1–5.

ItemsMinimumMaximumMeanStandard deviation
Sound boarding
The judge and judicial assistant discuss the content of a case.254.70.68
The judicial assistant participates in the discussion during the deliberation session.354.80.55
The judicial assistant is the first person to be invited to share his/her views on a case in the deliberation session.152.91.22
The decision made in the deliberation session is afterwards (partly) changed on the initiative of the judicial assistant.131.30.51
Bench memo
The judge prepares for a hearing by exclusively reading the bench memo prepared by the judicial assistant.151.20.67
The judicial assistant gives advice about the outcome of a case.154.40.83
Judgment drafting
The judge adopts the facts and procedural information that the judicial assistant provides in the draft without modifications.152.61.10
The judge adopts the entire draft judgment prepared by the judicial assistant without modifications.141.40.76
The judicial assistant prepares a draft judgment without receiving instructions from the judge.141.40.70
Table 2

Influence attributed to an assistant in the latest concrete court case in which the respondent collaborated with a judicial assistant (N = 80).

CategoriesFrequencyPercentageCumulative percentage
None11.31.3
Very inconsiderable22.53.8
Inconsiderable2835.038.8
Considerable4860.098.8
Very considerable11.3100
Total80100
Table 3

Influence of the type of vignette on the judges’ decision to suspend the mayor’s decision to evict a family (Analysis of Co-Variance (ANCOVA), N = 63, confidence intervals given in brackets).

VignetteMean*
Pro suspending eviction bench memo7.0 (6.1–7.9)
Neutral (no bench memo)5.3 (4.2–6.4)
Contra suspending eviction bench memo5.0 (4.1–6.0)
Partial Eta16.7%#

[i] # p < 0.01.

* Controlled for risk-benefit perception, rule of law orientation and court.

Table 4

Pairwise comparisons of means adjusted for covariates (Sidak) (standard error between brackets).

(I) Vignette(J) VignetteMean difference (I–J)
Pro suspending eviction memoNo memo1.7*  (0.7)
Contra suspending eviction memo2.0**(0.6)
No memoPro suspending eviction memo–1.7* (0.7)
Contra suspending eviction memo0.2    (0.7)
Contra suspending eviction memoPro suspending eviction memo–2.0**(0.6)
No memo–0.2    (0.7)

[i] * p < 0.05, ** p < 0.01.

DOI: https://doi.org/10.36745/ijca.358 | Journal eISSN: 2156-7964
Language: English
Page range: 4 - 4
Published on: Oct 15, 2020
Published by: International Association for Court Administration
In partnership with: Paradigm Publishing Services

© 2020 Nina Holvast, Peter Mascini, published by International Association for Court Administration
This work is licensed under the Creative Commons Attribution 3.0 License.