Special master
Encyclopedia
In law
, a special master is an authority appointed by a judge
to make sure that judicial orders
are actually followed.
In England, at common law
, there were "Masters in Chancery
," who acted in aid of the Equity Courts
. There were also "Masters in Lunacy
," who conducted inquiries of the same nature as modern civil commitment proceedings. In the table of precedence for England these two offices rank immediately above Companions of the Bath.
In the United States of America a special master is an "adjunct to a federal court, and Rule 53 of the Federal Rules of Civil Procedure
allows a federal court to appoint a master, with the consent of the parties, to conduct proceedings and report to the Court.
of England and Wales
, such an official is usually simply referred to as a Master. Special Masters as a whole provide a mechanism to relieve the burdens related to a heavy caseload for the whole body of judges.
) is to supervise those falling under the order of the court to make sure that the court order is being followed, and to report on the activities of the entity being supervised in a timely matter to the judge or the judge's designated representatives. Special masters have been controversial in some cases, and are often cited by critics as an example of judicial supremacy over the other branches of government. For example, at times they have ordered the expenditure of funds over and above the amount appropriated by a legislative body for the remediation of the situation being examined. To this point, their powers have generally be found to be valid and their remedies upheld by United States courts.
The United States Supreme Court will normally assign original jurisdiction
disputes (cases such as disputes between states that are first heard at the Supreme Court level) to a special master to conduct what amounts to a trial court (the taking of evidence
and a ruling). The Supreme Court can then assess the master's ruling much as a normal appeals court would, rather than conduct the trial itself. This is necessary as trials in the U.S. almost always involve live testimony; it would be too unwieldy for nine justices to rule on evidentiary objections in real time.
The usage of Special Masters in matters involving complex electronic discovery (or "eDiscovery") has been promulgated by the Academy of Court Appointed Masters (ACAM).
The United States Court of Federal Claims
operates an Office of Special Masters to resolve claims under the National Childhood Vaccine Injury Act
, which is popularly known as the vaccine court
.
A court-appointed monitor is a type of Special master.
Cases involving special masters often involve situations where it has been shown that governmental entities are violating civil rights
. High-profile cases in recent years where special masters have been utilized include some in which states
have been ordered to upgrade their prison
facilities, which were held to violative the constitutional
provision barring cruel and unusual punishment
; and state mental hospital
s, which have been found so substandard as to violate the rights of their inmates.
In the aftermath of the September 11, 2001, attacks in the United States, then Attorney General John Ashcroft
appointed Kenneth R. Feinberg
as special master to oversee the dispensation of an $11 billion victim's compensation fund
.
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
, a special master is an authority appointed by a judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
to make sure that judicial orders
Court order
A court order is an official proclamation by a judge that defines the legal relationships between the parties to a hearing, a trial, an appeal or other court proceedings. Such ruling requires or authorizes the carrying out of certain steps by one or more parties to a case...
are actually followed.
In England, at common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
, there were "Masters in Chancery
Court of Chancery
The Court of Chancery was a court of equity in England and Wales that followed a set of loose rules to avoid the slow pace of change and possible harshness of the common law. The Chancery had jurisdiction over all matters of equity, including trusts, land law, the administration of the estates of...
," who acted in aid of the Equity Courts
Court of equity
A chancery court, equity court or court of equity is a court that is authorized to apply principles of equity, as opposed to law, to cases brought before it.These courts began with petitions to the Lord Chancellor of England...
. There were also "Masters in Lunacy
Lunacy
Lunacy may refer to:* Lunacy, the condition suffered by a lunatic, now used only informally* Lunacy , a 2005 Jan Švankmajer's film* Lunacy , a video game for Sega Saturn* Luna Sea, a Japanese rock band originally named Lunacy...
," who conducted inquiries of the same nature as modern civil commitment proceedings. In the table of precedence for England these two offices rank immediately above Companions of the Bath.
In the United States of America a special master is an "adjunct to a federal court, and Rule 53 of the Federal Rules of Civil Procedure
Federal Rules of Civil Procedure
The Federal Rules of Civil Procedure govern civil procedure in United States district courts. The FRCP are promulgated by the United States Supreme Court pursuant to the Rules Enabling Act, and then the United States Congress has 7 months to veto the rules promulgated or they become part of the...
allows a federal court to appoint a master, with the consent of the parties, to conduct proceedings and report to the Court.
United Kingdom
In the High Court of JusticeHigh Court of Justice
The High Court of Justice is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales...
of England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
, such an official is usually simply referred to as a Master. Special Masters as a whole provide a mechanism to relieve the burdens related to a heavy caseload for the whole body of judges.
United States
The role of the special master (who is frequently, but not necessarily, an attorneyLawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
) is to supervise those falling under the order of the court to make sure that the court order is being followed, and to report on the activities of the entity being supervised in a timely matter to the judge or the judge's designated representatives. Special masters have been controversial in some cases, and are often cited by critics as an example of judicial supremacy over the other branches of government. For example, at times they have ordered the expenditure of funds over and above the amount appropriated by a legislative body for the remediation of the situation being examined. To this point, their powers have generally be found to be valid and their remedies upheld by United States courts.
The United States Supreme Court will normally assign original jurisdiction
Original jurisdiction
The original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a court has the power to review a lower court's decision.-France:...
disputes (cases such as disputes between states that are first heard at the Supreme Court level) to a special master to conduct what amounts to a trial court (the taking of evidence
Evidence (law)
The law of evidence encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence can be considered by the trier of fact in reaching its decision and, sometimes, the weight that may be given to that evidence...
and a ruling). The Supreme Court can then assess the master's ruling much as a normal appeals court would, rather than conduct the trial itself. This is necessary as trials in the U.S. almost always involve live testimony; it would be too unwieldy for nine justices to rule on evidentiary objections in real time.
The usage of Special Masters in matters involving complex electronic discovery (or "eDiscovery") has been promulgated by the Academy of Court Appointed Masters (ACAM).
The United States Court of Federal Claims
United States Court of Federal Claims
The United States Court of Federal Claims is a United States federal court that hears monetary claims against the U.S. government. The court is established pursuant to Congress's authority under Article One of the United States Constitution...
operates an Office of Special Masters to resolve claims under the National Childhood Vaccine Injury Act
National Childhood Vaccine Injury Act
The National Childhood Vaccine Injury Act of 1986 was enacted in the United States to reduce the potential financial liability of vaccine makers due to vaccine injury claims. The legislation was aimed at ensuring a stable market supply, and to provide cost-effective arbitration for vaccine...
, which is popularly known as the vaccine court
Vaccine court
Vaccine court is the popular term which refers to the Office of Special Masters of the U.S. Court of Federal Claims, which administers a no-fault system for litigating vaccine injury claims. These claims against vaccine manufacturers cannot normally be filed in state or federal civil courts, but...
.
A court-appointed monitor is a type of Special master.
Cases involving special masters often involve situations where it has been shown that governmental entities are violating civil rights
Civil rights
Civil and political rights are a class of rights that protect individuals' freedom from unwarranted infringement by governments and private organizations, and ensure one's ability to participate in the civil and political life of the state without discrimination or repression.Civil rights include...
. High-profile cases in recent years where special masters have been utilized include some in which states
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
have been ordered to upgrade their prison
Prison
A prison is a place in which people are physically confined and, usually, deprived of a range of personal freedoms. Imprisonment or incarceration is a legal penalty that may be imposed by the state for the commission of a crime...
facilities, which were held to violative the constitutional
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
provision barring cruel and unusual punishment
Cruel and unusual punishment
Cruel and unusual punishment is a phrase describing criminal punishment which is considered unacceptable due to the suffering or humiliation it inflicts on the condemned person...
; and state mental hospital
Mental Hospital
Mental hospital may refer to:*Psychiatric hospital*hospital in Nepal named Mental Hospital...
s, which have been found so substandard as to violate the rights of their inmates.
In the aftermath of the September 11, 2001, attacks in the United States, then Attorney General John Ashcroft
John Ashcroft
John David Ashcroft is a United States politician who served as the 79th United States Attorney General, from 2001 until 2005, appointed by President George W. Bush. Ashcroft previously served as the 50th Governor of Missouri and a U.S...
appointed Kenneth R. Feinberg
Kenneth Feinberg
Kenneth Feinberg is an American attorney, specializing in mediation and alternative dispute resolution. Feinberg was appointed Special Master of the U.S...
as special master to oversee the dispensation of an $11 billion victim's compensation fund
September 11th Victim Compensation Fund
The September 11th Victim Compensation Fund was created by an Act of Congress, the AirTransportation Safety and System Stabilization Act , shortly after 9/11 to compensate the victims of the attack in exchange for their agreement not to sue the airline corporations involved...
.