Aug. 29, 2014
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Superior Court of California

County of Calaveras

COURT COMMISSIONER

 

POSITION DEFINITION:

 

Under the general direction of the judges of the court, this professional level position performs various judicial functions as prescribed by law or conferred by court.  The power and authority of court commissioners is specified by statute.  Commissioners have the same jurisdiction and exercise the same powers and duties as the judges of the courts with respect to infractions and small claims actions, and in other matters pursuant to stipulation of the parties. 

 

DISTINGUISHING CHARACTERISTICS:

 

This is an at-will, professional level position that serves at the pleasure of the judges of the court assisting the courts in disposing of business connected with the administration of justice, including acting as a temporary judge in certain types of cases.  It is distinguished from the position of judge in that it is appointed by and serves at the pleasure of the judges and acts only as a temporary judge presiding over cases as directed, at the stipulation of the parties. 

 

SUPERVISION RECEIVED AND EXERCISED/JUDGMENT AND RESPONSIBILITY:

 

This professional level class works independently under general direction of the judges of the court in accordance with State law. 

 

Incumbents have responsibility for interpreting, enforcing, and carrying out current laws.  Actions to be taken and decisions to be made include researching specified decision issues, and issuing judgments, orders, etc.  Erroneous decisions could result in failure to achieve critical goals, open the court to possible litigation and seriously affect the lives of parties involved.

 

QUALIFICATIONS REQUIRED TO PERFORM ESSENTIAL JOB FUNCTIONS:

 

            1. Employee must have general knowledge of:

  1. Legal principles and precedents and their application.
  2. Statutory and constitutional law of the State of California.
  3. Principals of family, civil, criminal, constitutional and administrative law.
  4. Computer assisted research skill.
     

2. Employee must have the ability to:

  1. Present statements of fact and law and communicate clearly and logically in written and oral form.
  2. Define issues, perform legal research, analyze problems, evaluate alternatives and make appropriate findings and recommendations.
  3. Prepare clear and concise decisions and summaries of factual and legal issues.
  4. Effectively represent the court in contacts with the public, attorneys, law enforcement agencies and other government jurisdictions.
  5. Establish and maintain cooperative working relationships.

 

5.   Employee must have and maintain the following certifications / licenses:

  1. Member in good standing of the State Bar of California
  2. Possession of a current and valid California driver’s license.

 

6.   Employee must not contribute to or create a hostile work environment:

  1. Employee shall not engage in any activity that unreasonably interferes with the performance of any other employee, such as sexual harassment, unlawful discrimination or any other behavior that unduly demeans or intimidates another employee.
  2. As an essential function of this position, the employee must be able to handle high levels of stress satisfactorily and be congenial with other employees, court professionals and the public.

 

7.   Employee must have the following minimum experience or training:

 

Active membership in good standing with the State Bar of California, admitted to practice for a period of at least five years prior to appointment, unless periods of inactive membership are due to previously holding the position of judge, referee or commissioner.  Experience in civil law and considerable experience in family law is required.

Incumbents must be United States citizens and cannot engage in active practice of law during employment with the court in this capacity.

 

8.   Employee must fulfill the following special requirements:

Frequently stand and walk or otherwise move within the court; normal manual dexterity and eye-hand coordination; corrected vision to normal range; verbal communication.

 

As an essential function of this position, the employee must be able to handle high levels of stress satisfactorily and be congenial with other employees, judicial officers, supervisors, subordinates, outside contractors and other agency personnel.

 

TYPICAL DUTIES:

 

Depending on assignment, duties may include, but are not limited to, the following:

 

  1. Acts as a temporary judge in court cases pursuant to the stipulation of counsel or parties; conducts a daily court calendar; presides over hearings and trials; makes rulings, findings, judgments, and orders.
  2. Exercises the same powers and duties as a judge of the court in assigned cases, with the same jurisdiction with respect to any infraction or small claims action.
  3. Performs related duties as required pursuant to Code of Civil Procedure §259.
  4. Presides over proceedings in one or more of the following, as assigned:  civil and small claims actions; criminal and traffic arraignments; hearings and trials of infractions, misdemeanors, and felonies; probate, family law including Title IV-D support cases as required by Family Code §4251; and juvenile court.
  5. Reviews court files, documents, and related materials to assess cases prior to and following hearings; prepares court documents, records, reports, correspondence, and other written materials pertaining to case findings.
  6. Arraigns defendants; grants continuances; hears, reviews, and rules on a variety of petitions, motions, and other actions; takes evidence from concerned parties and other witnesses; makes or recommends appropriate court orders; accepts pleas and imposes sentences; sets cases for hearing and trial; conducts court and jury trials.
  7. Maintains timekeeping records as required.
  8. As directed, administers the Plan of Cooperation between the Court and the Central Sierra Child Support Agency for the processing of Title IV-D family support cases.

 

 

 

© 2014 Superior Court Calaveras County