Definition
Under the authority of the Judges of the Superior Court of California, County of Sacramento and at the direction of the Presiding Judge, Court Commissioners perform various judicial functions as prescribed by law or conferred by the Court. The power and authority of Court Commissioners is specified by statute. Court Commissioners have the same jurisdiction and exercise the same powers and duties as the Judges of the Court with respect to infractions and small claims actions, and in other matters pursuant to stipulation of the parties.
Distinguishing Characteristics
Court Commissioners perform judicial functions of the Court, assisting the Court in disposing of business connected with the administration of justice, including acting as a temporary judge in certain types of cases. It is distinguished from the position of Judge in that it is appointed by and serves at the pleasure of the Judges of the Court and acts only as a temporary judge, presiding over cases as directed by the Presiding Judge, at the stipulation of the parties.
Duties may include, but are not limited to the following:
1. Exercises the same powers and duties as a Judge of the Court in assigned cases, with the same jurisdiction; acts as a temporary judge in court cases pursuant to the stipulation of counsel and parties; conducts a daily court calendar; presides over hearings and trials; makes rulings, findings, judgments and orders.
2. Presides over proceedings in one or more of the following: civil and small claims actions; criminal and traffic arraignments; hearings and trials of infractions, misdemeanors and felonies; probate, family law and juvenile court.
3. Adjudicates matters before the Court in compliance with California Law.
4. Arraigns defendants; grants continuances; hears, reviews, makes finding of fact and rules on a variety of petitions, motions and other actions; renders judgments and issues orders; takes evidence from concerned parties and other witnesses; makes or recommends appropriate court orders; accepts pleas and imposes sentences; sets cases for hearing and trial.
5. Reviews court files, documents and related materials to assess cases prior to and following hearings; prepares court documents, records, reports, correspondence and other written materials pertaining to case findings.
6. Presides over court and jury trials; listens to testimony and argument; evaluates evidence and rules of evidentiary objections.
7. Conducts judicial hearings in family support cases involving Title IV of the Social Security Act, and cases filed by the District Attorney to establish paternity and other child support-related matters.
8. Conducts proceedings with decorum and maintains order in the courtroom.
9. Serves on judicial committees.
10. Performs other court-related duties as assigned by the Presiding Judge or his/her designee.
Either I
Active member in good standing with the State Bar of California and admitted to practice law in California for at least ten (10) years, or on a finding of good cause by the Presiding Judge, for at least five (5) years.
Or II
Currently serving as a subordinate judicial officer in a trial court as of January 1, 2003.
Knowledge of:
Legal principles and precedents as applied to judicial procedures; general functions and organization of the judicial system, including the various divisions of the Court and the roles and functions of other justice agencies; statutes, regulations, rules, common law and procedures that govern the legal discipline of the assignment; principles, practices, methods and materials of legal research and analysis; legal terms, procedures, forms and pleadings used in court cases; trial and hearing procedures; California Evidence Code and California Rules of Court; California Code of Judicial Ethics; principles and practices of sound business communication and correct English usage, including spelling, grammar and punctuation.
Ability to:
Objectively analyze and interpret legal issues and arguments, weigh evidence, draw inferences, and reach logical and legal conclusions; handle high-volume assignments and make timely, effective decisions that conform to California Law; work under various time constraints and exacting professional standards; exercise appropriate judicial temperament and demeanor; solve problems creatively and with agility, consistent with the law and the Code of Judicial Ethics; direct and control courtroom proceedings in a decisive, orderly and equitable manner; read, understand, interpret relevant laws, rules, regulations and procedures; research legal questions as needed; monitor changes in the law applicable to the assignment; identify the facts from testimony and evidence, evaluate whether those facts support a finding under the applicable laws, reach sound conclusions, decide the matter and maintain an appropriate record of proceedings; use relevant computer programs including legal research, support calculation and word processing; use online resources effectively; communicate clearly and concisely both orally and in writing; establish and maintain effective working relationships with Judges, attorneys, court and county employees, members of the public and others encountered in the course of work.
Typical Physical Requirements
This position requires strength, coordination and vision to use a keyboard and video display terminal on a daily basis; frequent communication; dexterity and coordination to handle files and single pieces of paper; occasional lifting of objects weighing up to 25 lbs. such as files, stacks of papers, reference and other materials; moving from place to place within an office; sit for extended periods; some reaching for items above and below desk level; use of office equipment, including computer, telephone, calculator, copier, scanner, and facsimile.
Typical Working Conditions
Work is performed in an office environment. The nature of the position requires continuous contact with Judges, attorneys, court staff and the public.
Other Requirements
United States citizenship is required for appointment.
Court Commissioners are prohibited from practicing law during employment with the Court in this capacity.
Must be able to pass a criminal history background check.
