Wednesday, August 24, 2022

What is a "Special Master?"

The term is in the news because Trump's lawyers have requested on be appointed to review the documents seized in the recent search of Mar-a-Lago.

- Trump files suit demanding special master in Mar-a-Lago search case.

Here is a general definition: A "special master" is appointed by a court to carry out some sort of action on its behalf. Theoretically, a "special master" is distinguished from a "master". A master's function is essentially investigative, compiling evidence or documents to inform some future action by the court, whereas a special master carries out some direct action on the part of the court. It appears, however, that the "special master" designation is often used for people doing purely investigative work, and that the simple "master" designation is falling out of use.

Activities carried out by special masters are as diverse as the actions taken by courts. They are often appointed as facilitators in child custody cases, for example, but the term "special master" was also used to describe the person appointed by Congress to administer compensation for the victims of the 9/11 terrorist attacks in New York. The term often appears in original jurisdiction cases decided by the Supreme Court ; these are often cases involving boundary disputes between the states, with a special master appointed to resolve questions of geography or historical claims

For more on special masters: 

- Legislative Information Institute.

- Wikipedia.

- The Free Dictionary.

- Federal Special Master.

- Why You Need A Court Master When We Pay Judges to Resolve Disputes.

- Texas Government Code.