SUPERIOR COURT COMMISSIONER

Under general direction of the Presiding Judge, this professional level position performs various judicial functions as prescribed by law (California Rules of Court 10.700(b) or conferred by the court. The power and authority of court commissioners is specified by statute. Commissioners have the same jurisdiction and exercise the same powers and duties as the judges of the courts with respect to infractions and small claims actions, and in other matters pursuant to stipulation of the parties.

Distinguishing Characteristics

This professional level class performs judicial functions for the courts, assisting the courts in disposing of business connected with the administration of justice, including acting as a temporary judge in certain types of cases. It is distinguished from the position of judge in that it is appointed by and serves at the pleasure of the Presiding Judge, in consultation with the Executive Committee, and acts only as a temporary judge, presiding over cases as directed, at the stipulation of the parties. It is distinguished from the Referee/Hearing Officer class in that the latter acts as a referee or hearing officer only and does not have the same authority as a judge.

Essential Functions

The following duties are normal for this position.  The omission of specific statements of the duties does not exclude them from the classification if the work is similar, related, or a logical assignment for this classification.

Acts as a temporary judge in court cases pursuant to the stipulation of counsel or parties; conducts a daily court calendar; presides over hearings and trials, makes rulings, findings, judgments, and orders.

Exercises, in assigned cases, the same powers and duties as a judge of the court.

Presides over proceedings in one or more of the following: traffic and small claims cases; misdemeanor and felony arraignments; family support cases; and other hearings as assigned by the Presiding Judge. 

Arraigns defendants; grants continuances: hears, reviews and rules on a variety of petitions, motions, and other actions, takes evidence from concerned parties and other witnesses; makes or recommends appropriate court orders; accepts pleas when appropriate, and imposes sentences; sets cases for hearing and trial.

Reviews court files, documents, and related materials to assess cases prior to and following hearings; prepares court documents, records, reports, correspondence, and other written materials pertaining to case findings.

Minimum Qualifications

Experience/License:

Ten (10) years experience.  Must be an active member in good standing of the California bar for a period of at least ten years prior to appointment, unless inactive membership due to previously holding the position of judge, referee or commissioner.

Knowledge of:

• The judicial system including but not limited to Family Law, Criminal Law, Juvenile Law and Civil Law;
• Legal principles and precedents as applied to judicial procedures;
• California Codes such as Vehicle, Penal, Evidence, Civil, Civil Procedure and Code of Judicial Conduct;
• Procedures related to the acceptance of pleas, rulings, and sentencing and disposition of criminal cases;
• Court Procedures, protocols and calendaring practices.

Ability to:

• Objectively analyze and interpret legal issues, principles and arguments;
• Direct and control courtroom proceedings in a decisive, orderly and equitable manner;
• Communicate orally and in writing in a concise and effective manner; exercise appropriate judicial temperament and demeanor;
• Effectively handle pressure in difficult and unexpected situations by responding in a calm and rational manner and assist in developing Court policy and procedures.

Supplemental Information

Physical Demands

This position is primarily a desk job. Requires the ability to sit for extended periods of time; occasional lifting up to 15 pounds, occasional walking and climbing stairs, some bending, stooping and squatting; eyesight sufficient to read typewritten and handwritten materials and to use computer terminal; hearing and speaking sufficient to talk in person and over the phone.

Special Requirements

Citizenship in the United Sates and residency in California.

Working Conditions

Environment is indoors and generally clean with limited exposure to conditions such as dust, fumes, odors, or noise.