Object to a court commissioner
Posted: Sat Feb 10, 2024 10:39 am
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.
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.