File #: 16-200    Version: 1
Type: Other Proposal Status: Passed
File created: 9/26/2016 In control: Judicial Council
On agenda: 10/28/2016 Final action: 10/28/2016
Title: Temporary Judges: Reporting on Use of Attorneys as Court-Appointed Temporary Judges (Action Required)
Attachments: 1. 20161028-16-200
Title
Title
Temporary Judges: Reporting on Use of Attorneys as Court-Appointed Temporary Judges (Action Required)

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Summary
Summary
The Trial Court Presiding Judges Advisory Committee (TCPJAC) and the Court Executives Advisory Committee (CEAC) recommend amending (1) rule 10.742 of the California Rules of Court to eliminate that rule's reporting requirements concerning the use of court-appointed temporary judges, and (2) subdivision (d) of rule 2.810 to delete the related reference to this reporting requirement. Rule 10.742 governs the use of attorneys as court-appointed temporary judges. Subdivision (c) of the rule requires each trial court that uses attorneys as temporary judges to report quarterly to the Judicial Council the number of attorneys used as temporary judges each month, the number and types of cases on which they were used, and whether any of the appointments were made under the exception in rule 2.810(d). This exception allows, in extraordinary circumstances, for appointment of an attorney as a temporary judge who has not met all of the requirements for such appointment. TCPJAC and CEAC recommend these changes because the information that rule 10.742(c) requires courts to report on is in part duplicative of information collected and reported to the council in another report, and thus the rule places an unnecessary burden on the courts.

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Recommendation
Recommendation
The Trial Court Presiding Judges Advisory Committee and Court Executives Advisory Committee recommend that the Judicial Council, effective January 1, 2017, amend:
1. Rule 10.742 of the California Rules of Court to eliminate all reporting requirements concerning the use of court-appointed temporary judges; and
2. Rule 2.810, which addresses certain appointments made under extraordinary circumstances, to eliminate the reference to the reporting requirements in rule 10.742(c).
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Speakers
Speakers
Hon. Jeffrey B. Barton, Chair, Trial Court Presiding Judges
Advisor...

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