A recent amendment to Polish law allows law students after their third year to work as junior assistant judges, aiming to address staffing shortages.
Judicial System Reform: Students as Assistants
A new amendment to the Act on the Organization of Common Courts came into effect on Friday, enabling law students who have completed their third year of study to become junior assistant judges.
The Ministry of Justice stated that a primary goal of the change is to “solve the personnel problems in the judiciary.”
Justification for the Change
“A modern justice system draws from the realities of the market. If students can manage in law firms or corporations, they can equally succeed in courts,” argued Deputy Minister of Justice Dariusz Mazur, justifying the need for the change.
Gaining Practical Experience
The amendment will allow students to gain their first substantive experience in court while still studying. The intention is to involve the best law students in the operation of the justice system, support judges in their daily work, and relieve them of simpler, time-consuming tasks.
Requirements and Remuneration for Assistant Judges
Previously, only individuals who had completed law studies and were at least 23 years old could legally become an assistant judge. A senior assistant judge position required at least 10 years of experience as an assistant and positive performance reviews, or passing the judge or prosecutor exam.
Under the new regulations, junior assistant judges can be hired if they have completed the third year of a unified master’s program in law, are at least 20 years old, maintain student status, and have a “clean record.”
Recruitment and Contract Details
The recruitment for junior assistant judge positions will be conducted through a competitive process. Junior assistants will be employed under fixed-term employment contracts for a maximum of 33 months, and upon obtaining a master’s degree in law, they will be transferred to the position of assistant judge.
Salary Expectations
The anticipated basic salary rates, to be included in a new regulation, are as follows: 5500–6500 zł gross for a junior assistant judge, 6500-8000 zł for an assistant judge, and 8000–9000 zł for a senior assistant judge.
Addressing Staffing Issues and Encouraging Public Sector Careers
The Ministry emphasized that the main goal of the changes is to solve personnel problems in the judiciary and encourage young lawyers to work in the public sector instead of moving to the private sector. The creation of the junior assistant judge position is seen as an important step towards a more flexible system that supports the development of talented young lawyers and addresses current staffing challenges.
Legislative Process and Presidential Approval
The Sejm unanimously adopted the amendment to the Act on the Organization of Common Courts in the second half of January. The Senate introduced one amendment in February, which the Sejm adopted at the end of February. President Karol Nawrocki signed the amendment on March 11th.
Responsibilities of an Assistant Judge
The regulations state that an assistant judge performs tasks aimed at preparing court cases for hearing and tasks within the administrative activities of the courts.
In practice, an assistant judge prepares cases for hearing and supports the judge in analyzing evidence and preparing rulings. Their key tasks include drafting proposed orders and rulings or their justifications, analyzing case files, searching for case law and literature relevant to the case, preparing draft responses and letters, and monitoring the status of cases deferred, suspended, or awaiting action by the judge or court.