Difference between a Commissioner and a Judge Pro Tem?
California Superior Court
You all have explained for me the diff between judge and commissioner. Now I'm a little confused about the diff between a Commissioner and a Judge Pro Tem. Which is higher on the pecking scale?
Answers:
A Judge Pro Tempore ("for the time being") is a person who exercises the authority of a judge by the agreement of the parties, and only in that particular matter. The more understandable term which is often used is "temporary judge."
If the parties stipulate that a commissioner can act as a judge, then the commisioner becomes a judge pro tem. Once the stipulation is made, the judge pro tem has all the powers of an ordinary judge of the court, and is equal to them jurisdictionally, but only in the case in which the stipulation has been entered.
A commissioner is not a retired judge. He or she is a trial officer who makes findings of fact and reports to a judge who makes the ultimate decision. The judge (even a judge pro tem) is higher on the pecking order.
(I used to be one.)
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