State constitution is what confers judicial authority. Limited authority can be granted by statute. CCP. 259 as example. Nine types of subordinate judicial officers exist (SJO). The statute GC. 53069.4 states the following:
READ THIS TO THE COMMISSIONER. “(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.” Cal. Gov. Code § 53069.4
No text within the statute states the legislative statutory phrases common that confer judicial authority such as: "hear and determine" or "render judgment." It seems some superior courts are ignoring the plain text of the law.
Conduct is to manage. An administrative hearing "appeal de novo" is not the same as a small claims "appeal de novo."
*Force a court commissioner to put on the record where he is given constitutional authority to "hear and determine" or "render judgment" - the plain text of the statute seems to permit SJO to conduct the hearings, and submit findings to a judge. Make him cite the statute that gives him authority to hear and determine your case.
No text in the 53069.4 statute confers judicial authority to the hearing officer, which is about what a plain vanilla commissioner is. Commissioners are not judges. They should wear red hats to alert you they are not judges They still are given a black robe and that is why it is confusing.
Object to a court commissioner
Free citation defense tips! Administrative citations website is about educating you to defend yourself against administrative citations. This is a law created in 1995 that permits cities and counties in California to fine you for just about anything (they appear to be used nationwide). This site was established because there is little self-help from any city on how to 'properly' oppose your citation. Lawyers that know this mysterious law are hard to find. These are 'punitive' citations that enrich your city. Basically it is a way of taxing you -- because a new tax will not pass. This is an attempt to bring together all the victims of administrative citations in the 540 local agencies within California (58 counties and 482 cities). Welcome to administrative citations.
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