Never Use Commissioners or Pro Tems

[Djehuty]

People, I for one would never use a commissioner or judge pro tem in a court case. These individuals are NOT lawful judges guaranteed to us (the people) under the U.S. Constitution (Article 6, Sections 2 and 3).

Consider the following:

?¨ ?ñ the commissioner is not a judicial officer.?Æ Katona v. City of Cheyenne (1988) 686 F.Supp. 287

?¨A commissioner is not a judge.?Æ Black??s Law Dictionary, 5th edition, pg. 247 (?¨Commissioner?Æ)

?¨Commissioners, judges pro tem, and referees are not magistrates.?Æ
California Peace Officers Legal Sourcebook, ?¨Search Warrants?Æ, 6.2(b)

You see, even the law clearly tells us that commissioners are not judges or judicial officers. Commissioners are nothing but lawyers who have been given permission by the System (State) to serve as pseudo judges or temporary judges to help process and move along the backed up judicial system because the State does not want to hire any more judges and pay them the high judge??s salary. So the cheap way out for the State (System) is to hire and appoint commissioners and pro tem judges (lawyers) to sit in as temporary judges and preside over cases.

Usually, court commissioners and pro tems are nothing but attorneys/lawyers:

?¨Court commissioner.?Æ Term used variously to designate a lawyer appointed to hear facts and report to court. Specially appointed officer of the court. Black??s Law Dictionary (1979), 5th edition, pg. 247

You greatly err when you allow a commissioner or judge pro tem to hear or try your case. By law, commissioners can only hear FACTS and not the law, unless you waive this right (which most people do because the average person is ignorant as hell as to the laws and rules of court). Always remember the above statement: ?¨?ñ a lawyer appointed to hear facts and report to the court.?Æ

Most people/litigants don??t know it but the Court must first obtain your permission or authority via stipulation in order to let a commissioner or pro tem judge preside over your case, especially if the commissioner or pro tem is serving as a temporary judge. Please reference the following:

?¨If commissioner is given authority to act as temporary judge, commissioner must also obtain proper stipulation of parties litigant in order to preside over specific proceeding.?Æ In re Courtney H. (App. 1 Dist. 1995) 38 Cal.App.4th 1221; 45 Cal.Rptr.2d 560

Based upon the above and other case-decisional laws, you have the right to object to the use of a commissioner or judge pro tem. This is well established legal fact. Please reference the following:

?¨By law court commissioners do not have the authority to issue final orders and judgments in contested cases unless they are acting as temporary judges. The court commissioner in your case will act as temporary judge, unless, before the hearing, you or any other party objects to the commissioner acting as a temporary judge. The court commissioner may still hear your case to make findings and a recommended order. If you do not like the recommended order, you must object to it within 10 court days; otherwise, the recommended order will become a final order of the court. If you object to the recommended order, a judge will make a temporary order and set a new hearing. Form FL-680, Notice of Motion, (Governmental), Judicial Council of California

A commissioner or judge pro tem cannot even make final orders unless you stipulate to the commissioner or judge pro tem serving as a TEMPORARY JUDGE.

One would be very wise to object to the use of a commissioner or judge pro tem in a court proceeding, be it civil or criminal. Don??t let the System (State) get off easy. Make the System work for your hard earned money they are attempting to swindle via fines and penalties. Don??t give the System (State) a break. The Courts have a duty under the laws of the land to serve you. You have a right under the Constitution (Article 6 ?ü?ü 2 and 3) to have a judge, a real judge, preside over your case. It??s to your advantage to have a judge hearing your case rather than a commissioner or judge pro tem because a judge is usually experienced and knows the laws way better than a commissioner or judge pro tem.

Most people who I deal with and who go to court in child support, traffic and small claims cases and who have difficulty in arguing the law and their position based upon the law, usually deal with or dealt with a commissioner or judge pro tem. These individuals are very ignorant to hardcore law. They are taught to just go by standard procedure and not the law. This is why you must always argue the law in your case whether you are before a commissioner, pro tem or real judge because it??s the law (not the facts) that counts. If the commissioner or judge pro tem rules against you in spite of clear and convincing law that supports you, you can always argue the ruling or final decision of the commissioner or judge pro tem on appeal

You can always tell if you are dealing with a commissioner or judge pro tem based upon the name plate on the court??s bench. The title of the officer always precedes the name, i.e. Commissioner Ralph Davis, Judge Will Stevenson, etc.

Commissioners and pro tems are usually assigned to pseudo-criminal or civil summary proceedings such as child support, traffic, and/or small claims.

In California??s Superior Court in the County of Los Angeles, for example, the people let government get away with so much that the courts even allow commissioners to issue arrest warrants which is unlawful. Consider the following legal precedent:

?¨The municipal court??s commissioner is not a justice and hence an arrest warrant issued under his authority is a nullity.?Æ Katona v. City of Cheyenne (1986) 686 F.Supp. 287

State courts are greatly using commissioners and judge pro tems who are usually legally NON-ASTUTE! They don??t know law, people! This is also usually the case in federal court (U.S. District Court) too where commissioners are called Magistrate Judges:

?¨Magistrate judges.?Æ Judicial officers appointed by judges of each district court to help them do their jobs. In civil cases, magistrate judges assist district court judges by helping get their cases ready for trial or settlement (e.g. by deciding a pretrial motion or conducting an evidentiary hearing or a settlement conference). U.S. District Court, Central District, Los Angeles

Federal U.S. Magistrate Judges are noting but commissioners who are appointed (hired) to help the overworked federal Judges process cases, usually Title 42 U.S.C., Section 1983 Civil Rights actions.

People, learn to do your homework before going to court. Call the court in advance and inquire as to what judicial officer presides or will preside over your specific action (i.e. traffic, child support, etc.). Inquire about the status of the judicial officer, is he/she a judge, commissioner or judge pro tem. If your case is scheduled to be heard by a commissioner or judge pro tem, you now have enough time to object in advance to the commissioner or judge pro tem presiding over your case.

In a few cases, you may be scheduled to have a real judge try your case but on your specific court date and appearance the judge may be out for the day or week and a commissioner sits in for the real judge as a temporary judge. By law, the court must inform you of this situation. The court must allow you to sign a waiver or stipulation (green-colored document in California courts) granting the court authority or approval of your case being heard by a temporary judge. If you don??t stipulate to use a temporary judge (commissioner, pro tem), DON??T sign the document (waiver, stipulation).

If you object to the use of a commissioner or pro tem as a temporary judge, you must do so before your case is called on the court??s calendar. You can simply let the courtroom clerk know this in advance. Usually, the court will postpone your hearing until the judge returns or if another judge is available on that specific day, the court may reassign your case to another courtroom before that available judge, possibly at a later time on that particular day.

In child support cases in Los Angeles County, courts will sometimes allow a commissioner to hear the facts of a case even if the litigant (defendant) object to the use of a commissioner or judge pro tem. However, don??t worry! Just make sure your objection is put on the court??s record before you begin to speak (present your defense or answer any questions). Remember, the lower court??s record is always appealable, so always keep your cool and understand that there??s a process to the legal game. Never become upset at yourself or the judicial officer at any time during your proceeding.

If you are ever presented with a situation where you are compelled to move ahead with your case before a commissioner or judge pro tem, simply use your right under law to recuse the commissioner or judge pro tem. You can do this at any time before or during the proceeding. Before your case, you can fill out a ?¨peremptory challenge?Æ form which automatically recuses or disqualifies the commissioner or pro tem (or even a real judge); or during the proceeding, you can simply state on the court record that you hereby recuse the commissioner or pro tem (or real judge) for being biased and prejudiced against your self and interests.

In California, the disqualification or recusal is automatic in accordance pursuant to Code of Civil Procedure, Section 170.6. However, you only get one chance to disqualify or recuse a judge, commissioner or pro tem.

With PPLAS (Pro Per Legal Assistance Services), my legal service business I created specifically for the people, we have a form entitled ?¨Demand For Article III Judge?Æ which places the court on notice in advance that you do not consent or stipulate to use a commissioner or pro tem. It is 100% effective, recognized and acknowledged by the courts and has never been denied because it can??t.

When you demand a judge for a traffic case, you have just inconvenienced the court. Judges are usually too busy with more serious matters (especially of a criminal nature) to preside over a summary proceeding such as traffic. When judges receive our (PPLAS) documents, the case is usually dismissed 95% of the time. Judges usually know the law and what time it is.

People, please learn the law so that you can enforce your rights and empower yourself. Law is really not that difficult, especially after you read my articles which make things so much plain, easy and understandable. Law is a maze for the average person and litigant, but as a rare legal code-breaker, I help to demystify the maze so that you can play the game and play the game with success.

Law is a business! Courts want your money. The only money courts will ever get from me are my filing fees, never judgments, traffic bails, fines, fees, penalty assessments or penalties.

As a reminder in closing, you have a RIGHT to not let a commissioner or pro tem preside over your case. However, you waive this right via silence which is acquiescence.

Lawful information is not legal advice!