Watch it! Commissioners vs. judges?

[admin]

Some county courts use subordinate judicial officers called commissioners. Commissioners are not judges unless you agree they are!

JUST SAY NO. HERE IS WHY.

The faster a commissioner eliminates a case... the more the presiding judge smiles. Those cases will be eliminated in the City's favor, not yours. All commissioners want to be judges when they grow up. Commissioners are future judges in potty training.

Commissioners are lawyers with a black robe. A judge pro tem is the same, an attorney with a black robe. Eliminate the commissioner and the judge pro tem if you can.

The commissioner in our case was on the job for just 7 weeks! Yes 7 weeks! He probably had not yet thrown out he box his robe came in. This was Riverside County. Scary!

He had no experience or judicial education in civil law, property law, small claims, traffic citations, municipal law, or administrative citations!

Now it is clear why he was looking over at the city attorney as if "please help me with these decisions." He was a county felony prosecutor just 7 weeks earlier. We believed he was bias toward the government (logical - since he worked for the government for the past 20 years). The law he practiced and administrative citation laws (municipal law) could not have been further apart.

(you can do a CPRA request to the presiding judge about your judicial officers qualifications)

Judicial authority comes from the State Constitution Article VI.

---
GC. 53069.4 states: "(3) The conduct of the appeal under this section is a subordinate judicial duty that may be performed by traffic trial commissioners and other subordinate judicial officials at the direction of the presiding judge of the court."

The statute does not state the subordinate officer may "hear and determine" the matter, or "render judgment"

So, under a minimalistic theory an SJO could review the case file (if no additional evidence is introduced) and if no demurrers and motions were filed, the SJO might be able to send his findings to a judge for the "rendering of judgment after conducting the de novo hearing." The "appeal" is really a "trial de novo" and if a new trial is minimal the SJO might get away with it.

But you need to force a new trial and the first thing you might do is file a demurrer.
(our commissioner stated you cannot demurrer against administrative citations - Wrong. demurrers are part of common law)
---

Watch out! Some courts seem to believe a subordinate judicial officer has judicial authority in these citation appeals. If you non-stipulate to the commissioner and he/she does not go away. You may have to file a 170.6 declaration in your file. You can present the 170.6 document to the commissioner right in the court room.

Ask the commissioner how he / she has jurisdiction over matter. What statutory authority?

Ask if they are acting as a judge, or referring their findings to a judge for approval?

They all wear the same black robe.

Here is the issue and why it is so confusing:
1. A commissioner (plain vanilla) is a subordinate judicial officer (no judicial authority except as defined in CCP. 259)
2. A commissioner you STIPULATE TO is a subordinate judicial officer (with judicial authority) - acts as a judge
3. A commissioner authorized by statute is a subordinate judicial officer (with judicial authority) - acts as a judge (i.e. small claims / traffic citations)
* There is no case law we can find where Court of Appeal states an 'unstipulated commissioner' may "hear and determine" these cases.
---
53069.4 states in plain text (3) The conduct of the appeal under this section is a subordinate judicial duty that may be performed by traffic trial commissioners and other subordinate judicial officials at the direction of the presiding judge of the court.

Note - Do not read into the words things that are not there. Nowhere in this statute does it say the words "hear and determine" or determine, or render judgment. The logical reading is that a subordinate judicial officer may "do all the legwork" findings of fact and conclusions of law - then submit this to a judge. For example a referee is a subordinate judicial officer. A referee has no power to determine or render judgment.

Watch out! - If you "stipulate" to a commissioner to act as a "temporary judge" or attorney judge "pro tem" you are screwed. These people are guilty machines and you will have no chance. They just want to please their master, the presiding judge, so they too become judges. State judges are a different creature then federal judges. Administrative citations are a nasty invention to take your money.
---
Commissioners require "stipulation" by parties litigant before they may act as "temporary judges" Court clerks make this a willy nilly issue - it is not to be taken lightly. If they ask you stipulate JUST SAY NO. If they want you to sign a form. JUST SAY NO.

If they do not bring it up the minute you are at the counsel / defendant table before the court, you bring it up. Say no to an attorney acting as a judge pro tem, say no to a commissioner.

See Cal. Cons. Art. VI, Sec 21, and 22. and CCP. Sec. 259

Once you subscribe to a commissioner, or attorney pro tem you are also screwed. After your "administrative hearing" you then file what is called an "appeal" in civil court $25. This entitles you to a "trial de novo." A new trial, new evidence, discovery etc. That is the way it is supposed to work.

GC. 53069.4(b)(3) states the 'conduct' of the appeal de novo is a 'subordinate judicial duty' What it does not state is that a subordinate judicial officer may "hear and determine" the appeal. This means a judge must hear and determine the issue.... unless!

YOU permit the SJO, subordinate judicial officer to act as a judge. This is where it gets tricky.

By statutes the SJO may do menial things and report to a judge. The judge makes the decisions.

So by law the SJO can stay in the case. But the judge will make all rulings. You want a judge not a SJO.

So when you receive your case assignment in the mail you immediately want to file a NOTICE OF NON-STIPULATION not permitting a commissioner, subordinate judicial officer, or temporary judge, to hear and determine your case. You request a duly appointed judge.

If you enter a courtroom and a commissioner or judge pro tem (temporary judge) is hearing the cases - you want to non-stipulate and request a duly appointed judge of the superior court. Once you have submitted to allowing a commissioner or judge pro tem hear your case you are stuck. They are inexperienced over-loaded guilty factories and will have no sympathy for government abuse. NON-STIPULATE and request a judge. First words out of your mouth when you are at the defendants table.