A deep dive into commissioners
Posted: Mon Feb 05, 2024 2:42 pm
You will not have to worry about these issues until you have paid your fine in advance, had your day before a hearing officer, and filed for your trial de novo and Superior Court.
The California Constitution article VI controls the state judiciary. Section 21 is about temporary judges. Section 22 is about commissioners and subordinate judicial duties.
This is a puzzle. Basically, the Constitution lays out the law about judges, commissioners, subordinate judicial duty, and temporary judges.
Statute 53069.4 (b)(3) is what determines who can 'conduct' the de novo appeal. Notice that the word used is conduct. The statute does not use the words "hear and determine."
The statute states conducting the hearing is a subordinate judicial duty. It does not state a subordinate judicial officer can pass judgment. Be alert.
By law a court commissioner is a subordinate judicial officer. A commissioner is governed by CCP. 259 which limits what a commissioner can and cannot do in the shoes of a commissioner. ALERT! The courts will ask you to stipulate and permit the commissioner to act as a temporary judge.
NEVER! Never permit a court commissioner to act as your judge. You will need to bring a non-stipulation to court or pursuant to the case assignment or local rules of the court you might have to file a non-stipulation in advance or you might even be forced to file a 170.6 (which most courts have forms for)
This all is very confusing. A subordinate judicial officer may conduct the hearing. Commissioner is a subordinate judicial officer. Effectively they can take evidence and do menial tasks. They're supposed to report everything to a judge.
However, if you stipulate to a commissioner to act as a temporary judge, or you stipulate to an attorney to act as a judge pro tem, you are permitting these low-level adjudicators to control your life without the benefit of a judge. Judges take the law more seriously. Be careful about these Superior Court tricks were they will attempt to rope you into stipulating and not using a judge
The California Constitution article VI controls the state judiciary. Section 21 is about temporary judges. Section 22 is about commissioners and subordinate judicial duties.
This is a puzzle. Basically, the Constitution lays out the law about judges, commissioners, subordinate judicial duty, and temporary judges.
Statute 53069.4 (b)(3) is what determines who can 'conduct' the de novo appeal. Notice that the word used is conduct. The statute does not use the words "hear and determine."
The statute states conducting the hearing is a subordinate judicial duty. It does not state a subordinate judicial officer can pass judgment. Be alert.
By law a court commissioner is a subordinate judicial officer. A commissioner is governed by CCP. 259 which limits what a commissioner can and cannot do in the shoes of a commissioner. ALERT! The courts will ask you to stipulate and permit the commissioner to act as a temporary judge.
NEVER! Never permit a court commissioner to act as your judge. You will need to bring a non-stipulation to court or pursuant to the case assignment or local rules of the court you might have to file a non-stipulation in advance or you might even be forced to file a 170.6 (which most courts have forms for)
This all is very confusing. A subordinate judicial officer may conduct the hearing. Commissioner is a subordinate judicial officer. Effectively they can take evidence and do menial tasks. They're supposed to report everything to a judge.
However, if you stipulate to a commissioner to act as a temporary judge, or you stipulate to an attorney to act as a judge pro tem, you are permitting these low-level adjudicators to control your life without the benefit of a judge. Judges take the law more seriously. Be careful about these Superior Court tricks were they will attempt to rope you into stipulating and not using a judge