A “special master” is appointed by a court to perform any type of action on its behalf. Theoretically, a “special master” is distinguished from a “master”. The function of a captain is essentially to conduct investigations and compile evidence or documents to inform the future actions of the court, while a special captain takes direct action on behalf of the court. However, it seems that the term “special master” is often used for people who do purely investigative work, and that the simple term “master” is no longer used. Are you a lawyer? Visit our professional website » The role of the Special Master, who is often, but not necessarily, a lawyer, is to supervise the persons subject to the court order to ensure that the court order is complied with and to report in a timely manner to the judge or the judge`s designated representatives on the activities of the supervised entity. Special masters have been controversial in some cases and are cited by critics as an example of legal abuse. For example, special masters have sometimes ordered that funds in excess of the amount approved by a legislative body be spent to remedy the situation under investigation. Their powers have generally been found valid and their appeals upheld by U.S. courts. In the U.S. federal court system, a special master is an appendage of a federal court. Rule 53 of the Federal Rules of Civil Procedure allows a federal court, with the consent of the parties, to appoint a special prothonotary to conduct proceedings and report back to the court.
[1] The term Master is used to refer to a court-based official such as an arbitrator, chartered accountant, auditor or appraiser specifically appointed to assist a tribunal in its proceedings. For example, a prothonotary may testify, hear and decide discovery disputes, issue injunctions and other pre-trial matters, as well as calculate interest, value pensions and investigate land title charges with a written report to the court. This position is also known as Sondermeister. Under U.S. law, a special prothonotary is generally a junior officer appointed by a judge to ensure that court orders are effectively complied with or, failing that, to hear evidence on behalf of the judge and make recommendations to the judge for a ruling. The special prothonotary should not be confused with the traditional common law concept of a prothonotary, a judge of the High Court dealing with summary and administrative matters that are not fully heard. Special masters have been appointed by U.S. District Judge Thomas Whitfield Davidson to investigate allegations of voter fraud on behalf of the 1948 Democratic Party primary campaign for Lyndon B. Johnson in the U.S. Senate.
According to Robert A. Caro, the masters found that Johnson`s 86-vote victory was achieved by hundreds of fake ballots, but the investigation was stopped by the U.S. Supreme Court on the grounds that the Democratic Party, not the federal government, was responsible for the primaries. The use of special masters in cases involving complex eDiscovery (or “eDiscovery”) has been announced by the Academy of Court Named Masters (ACAM). [2] FindLaw.com Free and reliable legal information for consumers and legal professionals The U.S. Supreme Court generally assigns disputes over trial jurisdiction (cases such as interstate disputes that are first heard at the Supreme Court level) to a special master who conducts a trial: obtaining evidence and a decision. The Supreme Court can then judge the prothonotary`s decision in the same way as a normal court of appeal, rather than conducting the process itself. This is necessary because trials in the United States almost always involve live testimony, and it would be too cumbersome for nine judges to rule on objections in real time. Such a person is called to court, for example, “Master Smith”. This is true regardless of whether the master is a man or a woman, or as a “master” or “judge.” A similar type of Master`s degree exists in the Northern Ireland judicial system, in several Canadian and Australian jurisdictions, as well as in other countries whose judicial system is based on that of England.
In Canada, under section 92(14) of the Constitution Act, 1867, the structure of the judicial system is primarily under provincial jurisdiction, and provincial superior courts have different names. Masters are at the Supreme Court of British Columbia, the Court of Queen`s Bench in Alberta and the Court of Queen`s Bench in Manitoba. There are part-time helmsmen on the Supreme Court of Newfoundland and Labrador. There is a similar position of prothonotary at the Supreme Court of Prince Edward Island and the Federal Court. In September 2021, the Ontario Superior Court of Justice changed the title from “Case Management Prothonotary” to “Associate Judge”. [8] LawInfo.com National Directory of Lawyers and Consumer Legal Resources In Alberta, British Columbia and Manitoba, prothonotaries have the same appointment requirements as provincial judges. This was the case in Ontario, but after the amalgamation of the High Court of Justice and the District Courts, a new Office of the Case Management Master was created in 1986. In some countries, the function of Master has been renamed Associate Judge. So far, this has happened in several Australian states, New Zealand and the Canadian province of Ontario. A prothonotary (sometimes called a special master) is a court-appointed official who assists the court in performing various special tasks in a particular case. For example, the teacher may give testimony or allow evidence to be discovered. Then she prepares a report for the judge.
In many family law proceedings, some routine matters, such as uncontested divorces, are conducted by a prothonotary. Harvard law professor Larry Lessig was named special master in the Microsoft antitrust case, but was recalled after objections from Microsoft. [4] The FindLaw Legal Dictionary — free access to over 8260 definitions of legal terms. Search for a definition or browse our legal glossaries. Waymo v. As part of the Uber trial, Judge William Alsup appointed a special commissioner to determine whether Uber violated the rules of investigation by failing to disclose the “Richard Jacobs letter.” [5] In U.S. federal courts, special prothonotaries are appointed pursuant to Rule 53[1] of the Federal Rules of Civil Procedure.