Bureaucratization of the Court
The Supreme Court consists of nine jurists who, at least in theory, after meaningful collegial deliberation interpret the Constitution based on their individual philosophies, wisdom, and legal scholarship without delegating significant work to supporting personnel. During the Court's first several decades this was indeed the case. The Court met for relatively short terms and its docket was manageable; indeed, justices lived together in the same boardinghouse. The justices were able to conduct their business without significant assistance. Gradually, however, a bureaucracy developed to aid them in both administrative chores and judicial responsibilities. At first this occurred on a somewhat informal basis with part‐time and often unofficial administrators assuming Court duties. Today, the Court's bureaucracy of more than three hundred employees has become fully institutionalized and quite professional.
Historically, the Court has enjoyed the support of four major administrative officials authorized by Congress: the clerk, reporter of decisions, marshal, and librarian. Each is chosen by the Court and heads an office staffed at appropriate personnel levels. The first clerk was appointed in 1790, just three days into the Court's history. For several years he performed all of the Court's administrative duties, but remained somewhat independent, being paid from filing fees and allowed to engage simultaneously in other professional activities. Today, the clerk is responsible for administering the judicial business of the Court; this includes receiving all papers filed by attorneys, managing the calendar and docket, maintaining Court records, supervising admissions to the Supreme Court bar, and instructing attorneys on proper Court procedure. (See Clerk, Office of the; Clerks of the Court.)
The position of reporter of decisions was authorized by Congress in 1817, replacing the informal practice of private individuals publishing Supreme Court opinions and profiting from their sale. Today's reporter is responsible for editing, summarizing, printing, and distributing the Court's opinions (see Reporters, Supreme Court). The marshal of the Court was created by Congress in 1867 to provide security and carry out the orders of the Court. Previously these duties were executed by the marshal of the District of Columbia District Court. Today the marshal has a wide array of responsibilities, including supervision of the Court's police force, maintaining the building and grounds, enforcing order during public sessions, and managing the Court's fiscal affairs.
The librarian began official duties in 1887. Before Congress authorized this position, the Court's library holdings were supervised initially by the clerk and then later by the marshal (see Library). In addition to these traditional administrative offices, the Court added a public information officer in 1935, an administrative assistant to the chief justice in 1972, and a curator in 1974.
The justices are assisted in their judicial duties by law clerks assigned to their individual offices. In 1882, the first law clerk was hired by Justice Horace Gray at his own expense when Congress initially refused to appropriate funds for the employment of clerks. Each associate justice is now entitled to hire as many as four law clerks, and the chief justice five. The clerks are chosen from among the recent graduates of the nation's top law schools often after serving as clerks in the courts of appeals. They normally serve for one year. Clerks evaluate certiorari applications, do research and initial writing, draft opinions, critique legal arguments, and perform other duties as assigned by their justice (see Clerks of the Justices).
Additional assistance with judicial matters is provided by the Legal Office, established in 1973 to act as house counsel for the Court. Staffed by two attorneys appointed by the chief justice, who serve at least four years, the Legal Office advises the Court on various legal matters, including questions of jurisdiction and procedure, original jurisdiction cases, and extraordinary or emergency matters that affect the Court or individual justices (see Legal Counsel, Office of).
The growth in administrative staff has generally been considered necessary, as the Court's case filings have more than tripled since 1950. The expansion of the judicial support staff, on the other hand, has been the subject of substantial criticism. The law clerks, for example, have been accused of becoming too influential in the Court's decision making, a charge over which there is still controversy. An additional concern had been that the increased numbers of law clerks and the emergence of the Legal Office may be converting the Court from a council of nine deliberating jurists into the equivalent of a system of independent but interacting law firms. To some critics, this detracts from the Court's uniqueness and its strength as a political and legal institution.
— Thomas G. Walker
