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2014 California Rules of Court

Rule 10.744. Application procedures to serve as a court-appointed temporary judge

(a) Application

Every attorney who applies for appointment as a temporary judge in a trial court must complete an application to serve as a temporary judge.

(b) Information required

The attorney must provide all applicable information requested on the application. This information must include:

(1)The attorney's name and contact information as required by the court;

(2)The attorney's State Bar number;

(3)The date of the attorney's admission to the State Bar of California and the dates of his or her admissions to practice in any other state;

(4)Length of membership in the State Bar of California and of practice in any other state;

(5)Whether the attorney is in good standing with the State Bar of California and in good standing as an attorney in any other state where the attorney has been admitted to practice;

(6)Whether the attorney has ever been disciplined, or is the subject of a pending disciplinary proceeding, by the State Bar of California or by any other state bar association or court of record; and, if so, an explanation of the circumstances;

(7)The areas of specialization for which the attorney has been certified in California or in any other state;

(8)The attorney's major area or areas of practice;

(9)Whether the attorney holds himself or herself out publicly as representing exclusively one side in any of the areas of litigation in which the attorney practices;

(10)Whether the attorney represents one side in more than 90 percent of all cases in any areas of litigation in which the attorney specializes or concentrates his or her practice;

(11)The location or locations in which the attorney principally practices;

(12)How often the attorney appears in the court where he or she is applying to serve as a temporary judge;

(13)A list of the attorney's previous service as a temporary judge in the court where the attorney is applying and in any other court;

(14)Whether the attorney has ever been removed as a temporary judge by any court;

(15)The types of cases on which the attorney is willing to serve as a temporary judge;

(16)Whether the attorney has ever been convicted of a felony or misdemeanor, or is a defendant in any pending felony or misdemeanor proceeding, and, if so, a statement about the conviction or pending proceeding;

(17)Whether the attorney has been a party in any legal proceeding and, if so, a brief description of the proceedings;

(18)Information concerning any circumstances or conditions that would adversely affect or limit the attorney's ability to serve as a temporary judge;

(19)Any facts concerning the attorney's background that may reflect positively or negatively on the attorney or that should be disclosed to the court; and

(20)Such additional information as the court may require.

(c) Continuing duty to disclose

An attorney appointed by a court to serve as a temporary judge has a continuing duty to disclose to the court any material changes in facts or circumstances that affect his or her ability to serve as a temporary judge. The attorney must disclose the changes to the court before the next time the attorney is assigned to serve as a temporary judge.

(d) Review of application

The presiding judge, assisted by the Temporary Judge Administrator, must review all applications and determine whether each applicant is qualified, has satisfied the requirements of rule 2.812, and should be appointed as a temporary judge. The presiding judge may delegate this task to another judge or a committee of judges, assisted by the Temporary Judge Administrator. In appointing attorneys as temporary judges, the presiding judge may go beyond the minimum qualifications and standards required under the California Rules of Court. The decision whether to appoint, use, retrain, remove, or discontinue using any particular attorney as a temporary judge is at the sole discretion of the presiding judge.

(Subd (d) amended effective January 1, 2007.)

Rule 10.744 amended and renumbered effective January 1, 2007; adopted as rule 6.744 effective July 1, 2006.

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