Legal Question in Wills and Trusts in California
Recently I was a defendant representing a private trust in a small claims court action in Northern California. Without any provocation, the judge who was in reality a commissioner made a sudden outburst and said, "I hate trusts and the people who hide behind them." Short of to requesting that the commissioner remove herself from the hearing due to prejudice, making a complaint to the presiding judge, or reporting her to the Professional Conduct Committee for Judges, what other alternatives might be available to me to report her unbecoming conduct in a courtroom? Also, if I wish to produce an audio recording of the proceedings, is one available since there was no court reporter?
3 Answers from Attorneys
What an odd thing for a court officer to say, let alone think privately! If she was a commissioner you just refuse to sign the stipulation that she hear the matter and they will send you to a judge. There might be a recording device somewhere, you'll just have to look.
That really is odd behavior. How could a reasonable person "hate trusts and the people who hide behind them", let alone an officer of the court. I agree with Mr. Seidler. You can refuse to agree to have a court commissioner hear your case. Also, if you did not prevail in the matter, this prejudicial behavior on the part of the commissioner maybe grounds for appeal.
Actually, if the judicial misconduct involves a commissioner, you must first make a complaint with the presiding judge, before complaining to the Commission on Judicial Performance.
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