Restrictions on the Court Clerk's Resignation as a Lawyer

Legal analysis: In view of the fact that court system clerks are divided into two types: appointment clerks and administrative clerks, the above provisions apply to administrative clerks. Therefore, in principle, the administrative clerk of our court shall not act as an agent ad litem or defender as a lawyer within two years after leaving office, and shall not act as an agent ad litem or defender in the trial of cases in the court of first instance for life.

If one party's agent or defender has served as the designated clerk of the court and has other interests with the judge in this case, which may affect the fair trial of the case, the other party may apply for the withdrawal of the judge, but it cannot apply for the withdrawal of the agent or defender of the other party.

Legal basis: "Provisions of the Supreme People's Court on Several Issues Concerning the Challenge System for Judges in Litigation Activities" Article 8 Judges and other court staff shall not act as litigation agents or defenders as lawyers within two years after leaving the people's court. After leaving the people's court, judges and other court staff shall not act as agents ad litem or defenders in the trial of cases in the court of first instance, except as guardians or close relatives of the parties who represent them in litigation or defense. Resignation mentioned in this article includes retirement, transfer, dismissal, resignation, dismissal, dismissal, etc. The court of first instance mentioned in this article includes all courts where judges and other court staff have served.