Whatever your personality ~ DON'T BE SHY!

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Courts often assign these cases to commissioners. We have warned about commissioners. A commissioner may only act as a judge upon stipulation, i.e. your consent. If you do not give consent the court must know about it.

Here is a case that could have been decided differently had the person spoke up! Don't let your participating in the hearing seem to infer you agree with what is happening. Object!

If you don't want the commissioner to hear your case speak up at he beginning of the hearing. You might ALSO tell the clerk when you check in. Say... I will not consent to a judge pro tem or a commissioner.

In re Brittany K., 117 Cal. Rptr. 2d 813 - Cal: Court of Appeal, 1st Appellate Dist., 3rd Div. 2002

"It is under the facts of this case that Grandmother's challenge fails. Although the jurisdiction of a temporary judge to try a cause derives from and depends upon the parties' stipulation thereto, this constitutional requirement is nevertheless subject to implied waiver. Thus, for constitutional purposes a valid stipulation may be implied by the conduct of the parties, including their participation in a proceeding tried by a temporary judge. (In re Horton, supra, 54 Cal.3d at pp. 86, 90-100, 284 Cal.Rptr. 305, 813 P.2d 1335; In re Mark L., supra, 34 Cal.3d at pp. 178-179, 193 Cal.Rptr. 165, 666 P.2d 820*820 22; Estate of Soforenko (1968) 260 Cal. App.2d 765, 766-767, 67 Cal.Rptr. 563.) The record reflects that although Grandmother purportedly refused to stipulate to the commissioner sitting as judge at the outset of the contested hearing, she had earlier failed to object at the time trial was originally set before the commissioner. This failure to make a timely objection was tantamount to an implied waiver of the required stipulation that the matter be heard by the commissioner sitting as a temporary judge. (In re Horton, supra, 54 Cal.3d at pp. 90-94, 97-98, 284 Cal. Rptr. 305, 813 P.2d 1335; In re Mark L., supra, 34 Cal.3d at pp. 178-179, 193 Cal. Rptr. 165, 666 P.2d 22; Estate of Soforenko, supra, 260 Cal.App.2d at pp. 766-767, 67 Cal.Rptr. 563.)[27]