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General Rule 4

GENERAL RULE 4: TEMPORARY JUDGES AND SETTLEMENT ATTORNEYS

(Effective 1/1/2022)

A. COURT-APPOINTED TEMPORARY JUDGES

(1) APPLICATION AND TRAINING

The Court appoints qualified attorneys as temporary judges pursuant to the California Rules of Court (CRC). Application forms for appointment as a temporary judge may be downloaded from the Court’s website at www.scscourt.org, or they are available from the Clerk’s Office at the Downtown Superior Court. Attorneys applying for appointment as a temporary judge in the Small Claims or Traffic divisions who previously have not served as a temporary judge in that division, must observe two (2) half-day calendars in the division conducted by judicial officers, as well as satisfying all other requirements set forth in the CRC. The two (2) half-day calendars in Traffic shall include arraignments and trials.

(Effective 1/1/2022)

(2) COMPLAINTS

Forms for lodging complaints about a Court-appointed temporary judge may be found on the Court’s website at www.scscourt.org, or they are available from the Clerk’s Office at any courthouse where temporary judges serve. Complaints about any court appointed temporary judge should be sent to: Temporary Judge Administrator, Santa Clara County Superior Court, 191 N. First Street, San Jose, CA 95113. Complaints related to sexual harassment may be made by phone by calling the Temporary Judge Administrator at (408) 882-2721.

(Effective 1/1/2022)


B. TEMPORARY JUDGES REQUESTED BY THE PARTIES

(1) PARTY-REQUESTED TEMPORARY JUDGES

Parties requesting Court approval that an attorney or retired judge be designated as a temporary judge on a pending case shall file the stipulation required by CRC 2.830-2.834 in the Clerk's Office where the case is pending.

(2) PRIVATELY COMPENSATED TEMPORARY JUDGES

Matters pending before privately compensated temporary judges are not heard at courthouses. A notice pursuant to CRC 2.830 – 2.834 will be posted on the Court website and outside the Clerk’s Office of any courthouse where the Court has approved a request for a pending case to be assigned to a privately compensated temporary judge.

(Effective 1/1/2022)


C. SETTLEMENT ATTORNEYS

(1) APPLICATION AND TRAINING

In addition to temporary judges, the Court may appoint qualified settlement attorneys to assist in settlement conferences pursuant to CRC 2.812(c)(3)(D). Application forms, which include the oath, to volunteer as a settlement attorney may be downloaded from the Court’s website at www.scscourt.org, or they are available from the Clerk’s Office at the Downtown Superior Court. Attorneys applying for appointment as a settlement attorney must observe a Mandatory Settlement Conference, Settlement Officer Conference, or other proceeding over which they will act as a settlement attorney. Settlement attorneys must initially, and once every three years, attend a one and a half hour (1.5) training related to local rules, bias, fairness, conflicts, and Court divisions and are encouraged to attend Bench Conduct and Demeanor Training and complete the Judicial Ethics online webinar. The Presiding Judge, in his or her discretion, may grant an individual exemption to one or both requirements.

(Effective 1/1/2022)

(2) COMPLAINTS

Forms for lodging complaints about a settlement attorneys may be found on the Court’s website at www.scscourt.org, or they are available from the Clerk’s Office at any courthouse where settlement attorneys serve. Complaints about any settlement attorneys should be sent to: the ADR Administrator or the Family Court Settlement Officer, Santa Clara County Superior Court, 191 N. First Street, San Jose, CA 95113. Complaints related to sexual harassment may be made by phone by calling the ADR Administrator at (408) 882-2530 or the Family Court Settlement Officer at (408) 882-2932.

(Effective 1/1/2022)



 

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