ContrA Costa Superior Court Pro Tem Judges - Let the litigants know

The Pro Tem Judge or Hearing Officials 

What you don't know will hurt you and everyone

Temporary Judge Program

A "court-appointed temporary judge" is an attorney who has satisfied the requirements for appointment listed in California Rules of Court 2.812, and has been appointed by the court to serve as a temporary judge in a courtroom.

Parties might encounter a temporary judge if:

• The court has appointed a temporary judge to hear their case on the date they have their court appearance.
• Parties have decided they want to have a temporary judge hear just their case (NOTE: This is a local court program, and it is only available in limited and unlimited jurisdiction civil cases.)

• Requirements
• Application
• Joining the Temporary Judge Panel
• Minimum Requirements
• Training Requirements
• Extra Requirements by Calendar Type
• Resources
• Online Training Courses

Joining Contra Costa's Temporary Judge Panel

Effective January 1, 2007, California Rules of Court, Rule 2.810 established new and more rigorous training and qualification requirements for attorneys wishing to serve as temporary judges.

To qualify, attorneys must have been active members of the California State Bar, in good standing, for at least 10 years before appointment. There cannot be any pending disciplinary actions, and the individual must not have pled guilty or no contest to a felony, or have a felony conviction that has not been reversed. He or she must satisfy all education and training requirements established by the state, as well as any other conditions that the individual court may require. Mandated training elements include a 3-hour in-person course on judicial demeanor (provided by a court) together with an online training course in related judicial demeanor and ethical issues.

Attorneys must also take one or more online training courses provided by the Administrative Office of the Courts, depending on the substantive areas of law they wish to hear.

Depending on case type, there may also be additional training, education, or experience requirements to serve in Contra Costa County.

Minimum Requirements

The presiding judge may not appoint an attorney to serve as a temporary judge unless the attorney has been admitted to practice as a member of the State Bar of California for at least 10 years before the appointment and meets the following conditions:

• Is an active member in good standing of the State Bar and has no disciplinary action pending;
• Has not pled guilty or no contest to a felony, or has not been convicted of a felony that has not been reversed;
• Has satisfied the education and training requirements;
• Has satisfied all other general conditions that the court may establish for appointment of an attorney as a temporary judge in that court; and
• Has satisfied any additional conditions that the court may require for an attorney to be appointed as a temporary judge for a particular assignment or type of case in that court.

NOTE: Consistent with CRC Rule 2.818, temporary judges have an ongoing duty to report any disciplinary action pending or taken against them by the State Bar of California at least 2 court days before arriving to serve as a temporary judge.

Temporary Judges will need to take ALL required trainings and attend a court session on each case type(s) per the location in which they wish to sit.

Martinez (morning)	Martinez (afternoon)	Pittsburg (morning)	Richmond (afternoon)	Walnut Creek (morning)
Judicial Demeanor Ethics Probate	Judicial Demeanor Ethics Civil Harassment Small Claims Unlawful Detainer Online Classes	Judicial Demeanor Ethics Small Claims Traffic Unlawful Detainer Online Classes	Judicial Demeanor Ethics Small Claims Traffic Unlawful Detainer Online Classes	Judicial Demeanor Ethics Traffic Only Online Classes

Training Requirements

These are requirements that everyone must meet every two years:

• Review the online Fairness, Demeanor, and Self-Represented litigants materials
• Attend a 3-hour in-person training session on judicial demeanor
• Take the online course on judicial ethics
• Take local and online classes as required for the case type(s)
• Attend a court session on each case type for the location above

Training Schedule
Class	Date	Time
Judicial Demeanor*	Thursday, January 9th, 2020	5:30 - 8:45 PM
Unlawful Detainer*	Thursday, January 16th, 2020	5:30 - 8:45 PM
Small Claims*	Wednesday, January 22nd, 2020	5:30 - 8:45 PM
Civil Harassment*	Thursday, January 30th, 2020	5:30 - 8:45 PM
Traffic*	Thursday, February 6th, 2020	5:30 - 8:45 PM
* 3 MCLE Credits
To sign-up for any of the local training classes, please email the Temporary Judge Program at: tempjudge@contracosta.courts.ca.gov

Application

Please complete the application for the Temporary Judge Program.

Extra Requirements by Calendar Type

Small Claims Calendars

• Take all relevant online training courses and review online benchguides
• Attend the local in-person class on hearing small claims calendars

Traffic Calendars

• Take online training course and review online benchguides
• Attend the local in-person class on hearing traffic calendars

Unlawful Detainer Calendars

• Take online training course and review online benchguides
• Attend the local in-person class on hearing unlawful detainer calendars

Probate Calendars

• Attend the local in-person class on hearing probate calendars

Civil Harassment Calendars

• Attend the local in-person class on hearing civil harassment calendars

On-Line Training Can Be Found Here

Resources

Resources for Temporary Judges- external link

The following rules of the California Rules of Court- external link apply to Temporary Judges:

• Rule 2.810 Temporary judges appointed by the trial courts- external link
• Rule 2.811 Court appointment of temporary judges- external link
• Rule 2.812 Requirements for court appointment of an attorney to serve as a temporary judge- external link
• Rule 2.813 Contents of training programs- external link
• Rule 2.814 Appointment of temporary judge- external link
• Rule 2.815 Continuing education- external link
• Rule 2.816 Stipulation to court-appointed temporary judge- external link
• Rule 2.817 Disclosure to the parties- external link
• Rule 2.818 Disqualifications and limitations- external link

Rules of Professional Conduct Rule 1-710- external link.

The following sections of the Canons of Judicial Ethics relating to fairness are applicable to Temporary Judges: Canons 2A, 2C, 3B(5), 3B(6), 3B(8), 3C(1), 3C(2), 3C(4), 3E, 5B, and 6D(3)(a).

Online Training Courses

• Online Course Schedule- external link

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Martinez, CA 94553
Phone: (925) 608-1000

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Rule 5-110 Special Responsibilities of a Prosecutor

Rule 5-110 Special Responsibilities of a Prosecutor

Current Rules

Rules of Professional Conduct

Rule 5-110 Special Responsibilities of a Prosecutor

(Rule approved by the Supreme Court, effective Nov. 2, 2017)

The prosecutor in a criminal case shall:

(A) Not institute or continue to prosecute a charge that the prosecutor knows is not supported by probable cause;

(B) Make reasonable efforts to assure that the accused has been advised of the right to, and the procedure for obtaining, counsel and has been given reasonable opportunity to obtain counsel;

(C) Not seek to obtain from an unrepresented accused a waiver of important pretrial rights unless the tribunal has approved the appearance of the accused in propria persona;

(D) Make timely disclosure to the defense of all evidence or information known to the prosecutor that the prosecutor knows or reasonably should know tends to negate the guilt of the accused, mitigate the offense, or mitigate the sentence, except when the prosecutor is relieved of this responsibility by a protective order of the tribunal; and

(E) Exercise reasonable care to prevent persons under the supervision or direction of the prosecutor, including investigators, law enforcement personnel, employees or other persons assisting or associated with the prosecutor in a criminal case from making an extrajudicial statement that the prosecutor would be prohibited from making under rule 5-120.

(F) When a prosecutor knows of new, credible and material evidence creating a reasonable likelihood that a convicted defendant did not commit an offense of which the defendant was convicted, the prosecutor shall:

(1) Promptly disclose that evidence to an appropriate court or authority, and

(2) If the conviction was obtained in the prosecutor’s jurisdiction,

(a) Promptly disclose that evidence to the defendant unless a court authorizes delay, and

(b) Undertake further investigation, or make reasonable efforts to cause an investigation, to determine whether the defendant was convicted of an offense that the defendant did not commit.

(G) When a prosecutor knows of clear and convincing evidence establishing that a defendant in the prosecutor’s jurisdiction was convicted of an offense that the defendant did not commit, the prosecutor shall seek to remedy the conviction.

Discussion:

[1] A prosecutor has the responsibility of a minister of justice and not simply that of an advocate. This responsibility carries with it specific obligations to see that the defendant is accorded procedural justice, that guilt is decided upon the basis of sufficient evidence, and that special precautions are taken to prevent and to rectify the conviction of innocent persons. Rule 5-110 is intended to achieve those results. All lawyers in government service remain bound by rules 3-200 and 5-220.

[2] Paragraph (C) does not forbid the lawful questioning of an uncharged suspect who has knowingly waived the right to counsel and the right to remain silent. Paragraph (C) also does not forbid prosecutors from seeking from an unrepresented accused a reasonable waiver of time for initial appearance or preliminary hearing as a means of facilitating the accused’s voluntary cooperation in an ongoing law enforcement investigation.

[3] The disclosure obligations in paragraph (D) are not limited to evidence or information that is material as defined by Brady v. Maryland (1963) 373 U.S. 83 [83 S. Ct. 1194] and its progeny. For example, these obligations include, at a minimum, the duty to disclose impeachment evidence or information that a prosecutor knows or reasonably should know casts significant doubt on the accuracy or admissibility of witness testimony on which the prosecution intends to rely. Paragraph (D) does not require disclosure of information protected from disclosure by federal or California laws and rules, as interpreted by case law or court orders. Nothing in this rule is intended to be applied in a manner inconsistent with statutory and constitutional provisions governing discovery in California courts. A disclosure’s timeliness will vary with the circumstances, and paragraph (D) is not intended to impose timing requirements different from those established by statutes, procedural rules, court orders, and case law interpreting those authorities and the California and federal constitutions.

[4] The exception in paragraph (D) recognizes that a prosecutor may seek an appropriate protective order from the tribunal if disclosure of information to the defense could result in substantial harm to an individual or to the public interest.

[5] Paragraph (E) supplements rule 5-120, which prohibits extrajudicial statements that have a substantial likelihood of prejudicing an adjudicatory proceeding. Paragraph (E) is not intended to restrict the statements which a prosecutor may make which comply with rule 5-120(B) or 5-120(C).

[6] Prosecutors have a duty to supervise the work of subordinate lawyers and nonlawyer employees or agents. (See rule 3-110, Discussion.) Ordinarily, the reasonable care standard of paragraph (E) will be satisfied if the prosecutor issues the appropriate cautions to law enforcement personnel and other relevant individuals.

[7] When a prosecutor knows of new, credible and material evidence creating a reasonable likelihood that a person outside the prosecutor’s jurisdiction was convicted of a crime that the person did not commit, paragraph (F) requires prompt disclosure to the court or other appropriate authority, such as the chief prosecutor of the jurisdiction where the conviction occurred. If the conviction was obtained in the prosecutor’s jurisdiction, paragraph (F) requires the prosecutor to examine the evidence and undertake further investigation to determine whether the defendant is in fact innocent or make reasonable efforts to cause another appropriate authority to undertake the necessary investigation, and to promptly disclose the evidence to the court and, absent court authorized delay, to the defendant. Disclosure to a represented defendant must be made through the defendant’s counsel, and, in the case of an unrepresented defendant, would ordinarily be accompanied by a request to a court for the appointment of counsel to assist the defendant in taking such legal measures as may be appropriate. (See rule 2-100.)

[8] Under paragraph (G), once the prosecutor knows of clear and convincing evidence that the defendant was convicted of an offense that the defendant did not commit, the prosecutor must seek to remedy the conviction. Depending upon the circumstances, steps to remedy the conviction could include disclosure of the evidence to the defendant, requesting that the court appoint counsel for an unrepresented indigent defendant and, where appropriate, notifying the court that the prosecutor has knowledge that the defendant did not commit the offense of which the defendant was convicted.

[9] A prosecutor’s independent judgment, made in good faith, that the new evidence is not of such nature as to trigger the obligations of sections (F) and (G), though subsequently determined to have been erroneous, does not constitute a violation of rule 5-110. (Amended by order of Supreme Court, operative Nov. 2, 2017.)

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