Legal Question in Criminal Law in California

Re: Commissioner Verses Judge

A commissioner is an attorney hired by the local court to hear certain types of cases. For example the commissioner has jurisdiction to hear traffic cases involving infractions. Commissioners also are authorized to hear child support cases, however, the parties must agree to the commissioner hearing the case as a judge. If the parties to not agree to the commissioner acting as the judge, the commissioner hears the case and then makes a recommended order. Either party can then within 10 days of the order being made file a request for rehearing before a judge.

In addition to commissioners court often use the services of pro tem judges. These are attorneys that volunteer their time to assist the court. They often sit in small claims court and assist the courts in settling cases.