§5.02 Temporary Judge—Appointment

Small claims actions may be heard by a judge or court commissioner. [See GC §72190.] It is also common for a temporary judge to hear small claims actions, which can occur only with the parties’ consent. The temporary judge must be an attorney and have been sworn and empowered to act until final determination of the case. [CCP §116.240(a).]

The presiding judge may appoint an attorney to serve as a temporary judge in small claims actions if the attorney [CRC 2.812(a)–(b)]:

• Is a member of the State Bar for at least 10 years before appointment (or 5 years for good cause or for an appointment before January 2007);
• Is a member in good standing with no disciplinary action pending;
• Has not pleaded guilty or no contest to a felony, or has not been convicted of a felony that has not been reversed;
• Has satisfied education and training requirements, including training in ethics, bench conduct and demeanor, and small claims procedural and substantive law [see CCP §116.240(b); CRC 2.812(c), 2.813(a)–(c)]; and
• Has satisfied any other conditions for appointment required by the local court.

To help satisfy your substantive training requirement to hear small claims cases, see the online course Small Claims Court: Consumer and Substantive Laws.

A temporary judge must also be familiar with the publications listed in CCP §116.930. [CRC 2.813(c).] For all the rules governing court-appointed temporary judges, see CRC 2.810–2.819. Other rules govern temporary judges requested by the parties. [CRC 2.830–2.834.] The presiding judge’s authority over temporary judges is governed by CRC 10.740–10.746.