Is a California Family Court Commissioner empowered to act as a temporary judge?

California, United States of America


The following excerpt is from Cnty. of San Diego v. J.D., D072958 (Cal. App. 2019):

5. If, before a hearing, a party objects to the commissioner acting as a temporary judge, the commissioner is empowered only to hear the matter and report findings of fact and a recommended order to the family court; i.e., the commissioner effectively acts in an advisory capacity, and the parties are entitled to a de novo review hearing before a superior court judge. (Fam. Code, 4251, subds. (b), (c); County of Sacramento v. Llanes (2008) 168 Cal.App.4th 1165, 1172 (County of Sacramento) [local child support agency case].)

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