Clerks Behind the Bench – Who Really Writes the Verdict?

ᴵⁿ ᵗᶦᵐᵉˢ ᵒᶠ ᶜˡᶦᵐᵃᵗᵉ ᵉᵐᵉʳᵍᵉⁿᶜʸ https://climateclock.world/

In both Croatia and English-speaking countries, the image of a judge carefully crafting a verdict alone is more idealized than real. While judges carry the official authority, much of the legal reasoning, research, and drafting is actually handled by judicial staff or clerks behind the scenes.

In Croatia:

Croatia follows the continental legal tradition, where judges actively investigate and drive the proceedings. However, especially in overloaded courts, court advisors and assistants often handle the bulk of the legal writing. It's commonly said that "sudski službenici napišu 90% presude" – meaning the judgment is largely prepared by staff before the judge finalizes it.

In the Anglo-American world:

In the U.S., U.K., and other common law countries, law clerks (usually young lawyers) assist judges, particularly in appellate and supreme courts. These clerks research case law, draft opinions, and sometimes even write the first versions of judgments.

Despite structural differences, both systems rely heavily on trusted legal aides, raising similar concerns: How impartial is the process? Are some verdicts "pre-decided" before trial?

What about unfair courts?

In Croatian, the term "prijeki sud" refers to a summary or show trial, often held under political pressure or wartime. In English, we call this a “kangaroo court”—a process where the outcome is predetermined and justice is just for show. Though both terms sound outdated, real-life cases in modern democracies occasionally show worrying similarities.

⚖️ Table: Comparison of Croatian and Anglo-American Judicial Systems

Feature	Croatian Legal System	Anglo-American Legal System
Legal Tradition	Continental (civil law)	Common law (precedent-based)
Judges’ Role	Investigative and decision-making	More passive, relies on adversarial trial
Use of Legal Clerks	Court advisors, assistants	Law clerks (especially in higher courts)
Clerks Prepare Drafts?	Yes, often draft reasoning & proposals	Yes, especially in appellate courts
Judge Writes Final Decision?	Yes, but based on staff input	Yes, but often signs off on clerk drafts
Quick Trials / Summary Courts	Rare, mostly in traffic or petty cases	More common in military or lower courts
"Prijeki sud" Equivalent	"Prijeki sud"	"Kangaroo court" / "Drumhead court"
Risk of Prejudgment?	Criticized in media, some transparency issues	Also criticized, esp. in politicized cases

✅ Conclusion

Whether you call them advisors or law clerks, these behind-the-scenes professionals shape the justice system more than the public realizes. Transparency and accountability remain key—regardless of legal tradition.