Cal. R. 2.812
The presiding judge may not appoint an attorney to serve as a temporary judge unless the attorney has been admitted to practice as a member of the State Bar of California for at least 10 years before the appointment. However, for good cause, the presiding judge may permit an attorney who has been admitted to practice for at least 5 years to serve as a temporary judge.
The presiding judge may appoint an attorney to serve as a temporary judge only if the attorney:
The presiding judge may appoint an attorney to serve as a temporary judge only if the following minimum training requirements are satisfied:
Within three years before appointment, the attorney must have attended and successfully completed a course on the subjects identified in rule 2.813(a) approved by the court in which the attorney will serve. This course must be of at least three hours' duration, instructor-led (live remote or in-person), and be taught by a qualified judicial officer approved by the court.
Within three years before appointment, the attorney must have attended and successfully completed a course on the subjects identified in rule 2.813(b) approved by the court in which the attorney will serve. This course must be of at least three hours' duration and may be taken by any means approved by the court.
Within three years before appointment, the attorney must have attended and successfully completed a course on the substantive law in each subject area in which the attorney will serve as a temporary judge. These courses may be taken by any means approved by the court. The substantive courses have the following minimum requirements:
Within three years before appointment, an attorney serving as a temporary judge in small claims cases must have attended and successfully completed a course on the subjects identified in rule 2.813(c). The course must be at least three hours' duration and approved by the court in which the attorney will serve.
Within three years before appointment, an attorney serving as a temporary judge in traffic cases must have attended and completed a course on the subjects identified in rule 2.813(d). The course must be at least three hours' duration and approved by the court in which the attorney will serve.
If the court assigns attorneys to serve as temporary judges in other substantive areas such as civil law, family law, juvenile law, unlawful detainers, or case management, the court must determine what additional training is required before an attorney may serve as a temporary judge in each of those subject areas. The training required in each area must be of at least three hours' duration. The court may also require that an attorney possess additional years of practical experience in each substantive area before being assigned to serve as a temporary judge in that subject area.
An attorney need not be a temporary judge to assist the court in settlement conferences. However, an attorney assisting the court with settlement conferences who performs any judicial function, such as entering a settlement on the record under Code of Civil Procedure section 664.6, must be a qualified temporary judge who has satisfied the training requirements under (c)(1) and (c)(2) of this rule.
(Subd (c) amended effective January 1, 2023; previously amended effective January 1, 2007 and January 1, 2009)
Commencing five years after the retired judicial officer last served in a judicial position either as a full-time judicial officer or as an assigned judge, a retired judicial officer serving as a temporary judge must satisfy all the education and training requirements of this rule.
(Subd (d) amended effective January 1, 2023; adopted effective January 1, 2009.)
The presiding judge in each court should establish additional experience and training requirements for temporary judges beyond the minimum requirements provided in this rule if it is feasible for the court to do so.
A court that uses temporary judges must maintain records verifying that each attorney who serves as a temporary judge in that court has attended and successfully completed the courses required under this rule.
To serve as a temporary judge, an attorney must complete the application required under rule 10.744, must satisfy the requirements prescribed in this rule, and must satisfy such other requirements as the court appointing the attorney in its discretion may determine are appropriate.
Cal. R. Ct. 2.812
Advisory Committee Comment
The goal of this rule is to ensure that attorneys who serve as court-appointed temporary judges are qualified and properly trained.
Subdivision (a). If a court determines that there is good cause under (a) to appoint an attorney with less than 10 years of practice as a temporary judge, the attorney must still satisfy the other requirements of the rule before being appointed.
Subdivision (b). "Good standing" means that the attorney is currently eligible to practice law in the State of California. An attorney in good standing may be either an active or a voluntarily inactive member of the State Bar. The rule does not require that an attorney be an active member of the State Bar to serve as a court-appointed temporary judge. Voluntarily inactive members may be appointed as temporary judges if the court decides to appoint them.
Subdivision (c). A court may use attorneys who are not temporary judges to assist in the settlement of cases. For example, attorneys may work under the presiding judge or individual judges and may assist them in settling cases. However, these attorneys may not perform any judicial functions such as entering a settlement on the record under Code of Civil Procedure section 664.6. Settlement attorneys who are not temporary judges are not required to satisfy the requirements of these rules, but they must satisfy any requirements established by the court for attorneys who assist in the settlement of cases.
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