Legal Question in Family Law in Utah
We went to court in May and the commissioner still has not rendered a decision. What is the difference between a commissioner and a judge and why were we assigned a commissioner? She has told us on several occasions that she would make a decision but then months of silence go by. Is there something we can do or someone to contact to speed of the process? Do she answer to a "higher power"?
1 Answer from Attorneys
Whenever a court takes a matter under advisement, it is supposed to render its decision by no later than 30 days. I'm not sure why your situation is taking so long without having a lot more information about your case. A commissioner is a judicial officer who handles preliminary matters in domestic relations cases. They are not a judge but their rulings are orders of the court which are signed off on by the judge assigned to your case. In the Utah District Courts where there are commissioners, all cases are assigned both a judge and a commissioner. There are things you can do to move the matter along and yes, the commissioner does answer to a higher power. You can contact the judge assigned to your case and have the judge find out what's going on. I'm assuming you don't have an attorney? If not, you should get one.