Subordinate Judicial Officers. Discipline. Legislative Constitutional Amendment.
	Analysis by the Legislative Analyst

Background

Court commissioners and referees (generally referred to as "subordinate judicial officers") handle certain matters that come before the local courts. Typically, commissioners and referees handle less complex cases such as traffic matters, family and juvenile matters, and small claims cases. Also, they can serve as temporary judges and hear more complex matters when the parties agree. There are about 370 commissioners and referees throughout the state.

The presiding judge of each court is responsible for handling complaints and disciplinary matters against commissioners and referees. In contrast, the California Commission on Judicial Performance--an 11-member body appointed by the Supreme Court, the Governor, and the Legislature--handles complaints and disciplinary matters against judges.

Proposal

This proposition would give the Commission on Judicial Performance, at its discretion, authority to oversee and discipline court commissioners or referees, just as it currently does for judges. The measure provides that a person who is found unfit to be a commissioner or referee by the Commission on Judicial Performance may not serve as a commissioner or referee.

Fiscal Effect

To the extent that the Commission on Judicial Performance chooses to provide oversight and exercise discipline over court commissioners and referees, the state would incur additional costs. Any additional costs would probably be minor.