Crook v. Crook

Opinion

ASHBY, J. —In this case we hold that a client is bound by her attorney’s written stipulation to a temporary judge in substantial compliance with rule 244, California Rules of Court.

After three postponements of the trial of this marital dissolution action due to court congestion, respondent Jasper Crook’s attorney suggested to appellant Rayvesta Crook’s attorney that they have the matter tried by retired Judge Earl Riley. Appellant’s attorney agreed. The attorneys signed a stipulated order for appointment of retired Judge Riley as temporary judge. Although signed by the attorneys, the written stipulation was not personally signed by respondent or appellant.

The presiding judge of the superior court approved the stipulation and appointed Judge Riley as temporary judge to preside at the trial. Judge Riley presided over trial of the action. After submission of written closing arguments Judge Riley announced his intended decision.

[32]Subsequently appellant, who had since changed attorneys, filed a motion to vacate the stipulation to Judge Riley. She urged that the proceedings before Judge Riley were void on the grounds appellant did not sign the stipulation, she was not informed by her attorney that Judge Riley was a temporary judge and she did not become aware of the judge’s status until after the decision. The motion was opposed by respondent.

Temporary Judge Ballew denied appellant’s motion, finding that Judge Riley was a temporary judge by virtue of the stipulation of appellant’s counsel and the conduct of appellant. Judge Ballew took judicial notice of records on file in the superior court containing Judge Riley’s oath of office and a prior order of the presiding judge appointing Judge Riley as temporary judge, pursuant to article VI, section 21 of the California Constitution and rule 244, California Rules of Court, in all cases wherein the parties so stipulate.

Discussion

Rule 244, California Rules of Court (hereafter rule 244) provides, “The stipulation of the parties litigant that a case may be tried by a temporary judge shall be in writing and shall state the name and office address of the member of the State Bar agreed upon. It shall be submitted for approval to the presiding judge or to the supervising judge of a branch court. The order designating the temporary judge shall be endorsed upon the stipulation, which shall then be filed. The temporary judge shall take and subscribe the oath of office, which shall be attached to the stipulation and order of designation, and the case shall then be assigned to the temporary judge for trial. After the oath is filed, the temporary judge may proceed with the hearing, trial, and determination of the case, [f] A filed oath and order, until revoked, may be used in any case in which the parties stipulate to the designated temporary judge. The stipulation shall specify the filing date of the oath and order. H] This rule does not apply to the selection of a court commissioner to act as a temporary judge.”