Rule 2.812 Requirements for court appointment of an attorney to serve as a temporary judge

(a) Experience required for appointment and service

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.

(b) Conditions for appointment by the court

The presiding judge may appoint an attorney to serve as a temporary judge only if the attorney:

(1) Is a member in good standing of the State Bar and has no disciplinary action pending;

(2) Has not pled guilty or no contest to a felony, or has not been convicted of a felony that has not been reversed;

(3) Has satisfied the education and training requirements in (c);

(4) Has satisfied all other general conditions that the court may establish for appointment of an attorney as a temporary judge in that court; and

(5) Has satisfied any additional conditions that the court may require for an attorney to be appointed as a temporary judge for a particular assignment or type of case in that court.

(c) Education and training requirements

The presiding judge may appoint an attorney to serve as a temporary judge only if the following minimum training requirements are satisfied:

(1) Mandatory training on bench conduct and demeanor

(2) Mandatory training in ethics

(3) Substantive training

(A) Small claims

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.

(B) Traffic

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.

(C) Other subject areas

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.

(D) Settlement

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.

(E) The substantive training requirements in (3)(A)-(C) do not apply to courts in which temporary judges are used fewer than 10 times altogether in a calendar year.

(d) Requirements for retired judicial officers

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.

(e) Additional requirements

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.

(f) Records of attendance

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.

(g) Application and appointment

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.