Legal Definitions - court commissioner

A court commissioner is a legal professional appointed by a court to assist judges by handling specific, often less complex, judicial duties. They possess limited judicial authority, allowing them to preside over certain types of hearings, make rulings, and issue orders, thereby helping to manage the court's overall workload efficiently. While they perform many functions similar to a judge, their authority is typically narrower, and their decisions may sometimes be subject to review by a superior court judge.

Here are some examples illustrating the role of a court commissioner:

• Example 1: Family Law Matters

  A parent seeking an emergency order for temporary child custody or visitation might appear before a court commissioner. The commissioner would hear arguments from both sides, review any submitted evidence, and issue a temporary order to ensure the child's well-being until a full hearing can be scheduled with a judge. This illustrates how a court commissioner handles urgent, specific matters that require immediate judicial attention but don't necessarily need a full judge's involvement at the initial stage, streamlining the process.

• Example 2: Traffic and Minor Offenses

  An individual cited for a minor traffic violation, such as speeding or an expired registration, might have their case heard by a court commissioner. The commissioner would listen to the evidence presented by both the citing officer and the defendant, determine guilt or innocence, and impose appropriate penalties, such as fines or traffic school. This demonstrates the commissioner's role in adjudicating high-volume, less severe cases, which helps the court efficiently process a large number of minor infractions without burdening judges with every single matter.

• Example 3: Probate and Guardianship Administration

  In a guardianship proceeding for an incapacitated adult, a court commissioner might be responsible for reviewing and approving routine administrative filings, such as a guardian's annual accounting of the ward's finances, or for conducting an initial hearing to determine the necessity of establishing a guardianship. This shows how court commissioners manage administrative or preliminary aspects of more complex legal areas, ensuring that procedural requirements are met and freeing judges to focus on contested or more intricate legal disputes within the same case.