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Profile of the Magistrate (From Magistraat in de st(r)aat, P 23-36, 1979 - See NCJ-88329)

NCJ Number
88331
Author(s)
C J Enschede
Date Published
1979
Length
14 pages
Annotation
This article describes the process and criteria for selection of Dutch judges.
Abstract
The selection process involves application by interested candidates followed by preselection on the basis of success in studies and screening of suitable candidates by the Government Psychological Services. This service makes its recommendations to the Ministry of Justice on the basis of objective factors: intelligence, productivity, stability, social behavior, and command of the language. The scores for all these factors are combined to form a 'minimum profile' for eliminating unsuitable candidates. The two most heavily weighted factors are stability and social behavior. In addition, evaluators consider whether a candidate is selfish or a loner, whether his intellect and emotions are balanced, and whether he is decisive. A candidate's ideological stance and loyalty to democratic principles are also considered. It is recommended that more rigorous criteria be applied to candidates for judgeships in higher courts and that the candidates' profiles be published. Furthermore, preferred profiles should be drawn up for different judicial specialties: e.g., realistic, goal-oriented tendencies and common sense for specialists in commercial law; sensitivity to others, stability, and regard for the social norms for family law specialists. Nevertheless, the career course for jurists must remain flexible enough to permit movement among the specialties by trainees. Notes are supplied.

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