What is the test for a Commissioner of Justice to make a declaration of forfeiture under section 1305 of the California Penal Code?

In relevant part, Penal Code section 1305 (hereafter section 1305), subdivision (a), provides that when a defendant fails to appear at arraignment, "[a] court shall in open court declare forfeited the undertaking of bail . . . if, without sufficient excuse, a defendant fails to appear." The statutory reference requiring action by a "court . . . in open court" means that the declaration of forfeiture is not a mere ministerial act to be performed by a court clerk, but rather a judicial act to be performed by a judge. (See People v. Frontier Pacific Ins. Co. (2000) 83 Cal.App.4th 1289, 1294-1295 [Pen. Code, 1306, subd. (a), authorizing summary judgment on the bond by "the court which has declared the forfeiture," requires at a minimum that summary judgment be signed by a judge].) But the fact that the declaration of forfeiture is a judicial act does not mean that it cannot be done by a commissioner.