§5.03 Temporary Judge—Stipulation and Disclosures

Before the first witness is sworn in, you must give notice to each party that [CRC 2.816(b)]:

• A temporary judge will be hearing the matters for that calendar;
• The temporary judge, identified by name, is a qualified member of the State Bar; and
• The party has a right to have the matter heard before a judge, commissioner, or referee.

By failing to object, a party is deemed to have stipulated to the matter being heard by the temporary judge. [CRC 2.816(d)(1).] Notice to the parties may be given through [CRC 2.816(c)]:

• A conspicuous sign posted inside or just outside the courtroom, accompanied by a court officer’s oral notice or notice by videotape or audiotape on the day of the hearing; or
• A written notice given to each party.

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A temporary judge also must make all disclosures as required under the Code of Judicial Ethics. [CRC 2.817; see Code of Judicial Ethics canon 6(D).]

Click here for a list of judicial canons that apply to temporary judges.