NCJ Number
61163
Date Published
1978
Length
11 pages
Annotation
THE HISTORICAL DEVELOPMENT, STATUS, AND FUNCTION OF THE RECHTSPFLEGER (LEGAL CARETAKERS) IN WEST GERMANY ARE DESCRIBED, WITH EMPHASIS ON EFFECTS ON ACCESS TO JUSTICE BY PRIVATE CITIZENS.
Abstract
THE RECHTSPFLEGER, WHO BEGAN AS COURT REPORTERS, WERE GRADUALLY ASSIGNED ADMINISTRATIVE AND QUASI-JUDICIAL FUNCTIONS. THE 1957 RECHTSPFLEGER LAW TRANSFERRED ADDITIONAL JUDICIAL FUNCTIONS TO THE RECHSPFLEGER, ALTHOUGH FURTHER EXPANSION OF DUTIES WAS STOPPED BY A 1969 LAW. THERE ARE CURRENTLY 15,000 RECHTSPFLEGER, WHO RECEIVE SIX SEMESTERS OF THEORETICAL AND PRACTICAL TRAINING TO PREPARE AND CONCLUDE ADVERSARY PROCEEDINGS (LEGAL MOTIONS, DUNNING, EXECUTION OF JUDGEMENTS, FORCED SALES) AND TO HANDLE OTHER LEGAL PROCEEDINGS (PUBLIC RECORDS, BANKRUPTCY AND SETTLEMENT WITH CREDITORS, GUARDIANSHIP AND INHERITANCE MATTERS. RECENTLY EXPANDED TRAINING REQUIREMENTS AND INCREASED SALARIES HAVE LARGELY ELIMINATED PAST ADVANTAGES OF THE RECHTSPFLEGER SYSTEM, INCLUDING THEIR CLOSENESS IN SOCIAL CLASS TO THE PEOPLE SERVED. CURRENTLY, THE RECHTSPFLEGER IS A SPECIALIST, INTERESTED IN AND CHALLEGED BY THE PROBLEMS ENCOUNTERED, BUT SUBJECT TO THE INCREASINGLY IMPERSONAL NATURE OF THE POSITION. RECHTSPFLEGERS FUNCTION AS A SOURCE OF INFORMATION AND COUNSELING FOR PEOPLE OF LIMITED MEANS BUT MAY BE REPLACED BY COMPUTERS FOR MOST DUNNING CASES. ON THE WHOLE, THE RECHTSPFLEGER IS A CONSTRUCTIVE INSTITUTION, ACCOMPLISHING CERTAIN DUTIES MORE EFFECTIVELY AND ECONOMICALLY THAN COULD JUDGES, THE ONLY OTHER ALTERNATIVE AVAILABLE. (CFW)