Legal Question in Constitutional Law in California

judge's assignment order

Years ago i was involved in a divorce trial w/lots of assets and much discovery. A retired judge(worked for Jams at the time) was assigned to hear a discovery matter. No stip of parties. no oath taken by judge. Same judge enters an entire judgement as an assigned judge on assignment by the chief justice. Assignment order is dated after the trial is over, so the same judge who heard evidence as a referee now enters a judgment as an assigned judge, so he is assigned ''after the fact''. There is no notice to the parties after the trial is over that the judge was assigned after the trial was over. The assignment order is not nunc pro tunc but I am not sure if a nunc pro tunc order would apply.At the time of trial no one knows this judge is not assigned properly. Case goes on appeal and I lose but the assignment order is not an issue because the info is not available at trial. much later, I discover this. Is there a jurisdictional problem with the assignment order?. Is there any law that provides that the chief justice can assign a judge retroactive power as the judge receives his power through the chief justice?. What is the retired judge''s power before the assignment order is signed?


Asked on 12/02/04, 7:06 pm

1 Answer from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: judge's assignment order

If you wish to challenge the judgment, it may be to late at this date. Call me directly at (619) 222-3504.

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Answered on 12/03/04, 11:56 am


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