Legal Question in Criminal Law in California
Superior court commissioner
Can a superior court commissioner hear a case without informing the defendant that he is not a judge and having the district attorney and public defender sign an affidavit waiving those rights without informing the defendant?
Asked on 7/03/02, 12:16 am
1 Answer from Attorneys
Gary Olive
Law Offices of Gary Olive
Re: Superior court commissioner
The general rule is that all parties must stipulate to a Commissioner. This usually requires all parties to sign a piece of paper agreeing to the Commissioner hearing the matter.
Answered on 7/03/02, 1:59 am