CHILDREN AND THE LAW
...Dependency Petitions
......Proceeding Before Referee-Pro Tem
11 Cards On This Topic:

Error in failing to follow rule of court not jurisdictional when parties have stipulated to referee as judge pro tem.

When Cal. Const., art. VI §21 provisions otherwise met, stipulation to trial by referee sitting pro tem waives claim of error re strict compliance with §21 or (former) Rules of Court, rule 244.

MGM's failure to object to comm. sitting as temp. judge or draw attention to her refusal to so stipulate, together with fact she did not seek a rehearing before a judge, rendered appeal untimely and ex parte order final.

Failure to object to commissioner sitting as temp. judge at time trial set was tantamount to an implied waiver of the required stipulation.

F waived right to challenge Cs' earlier removal by raising procedural argument on appeal from recent order and not challenging 3 prior orders, a move tantamount to sabotage of process.

Though bound by stipulation that commissioner conduct earlier hearings, perm. planning hearing was new matter and contract principles allowed F to withdraw stipulation.

Even without stipulation that referee act as temporary judge, referee may conduct juvenile dependency proceedings.

Stipulation to temporary judge may be signed by counsel; need not be signed by party.

Express oral statement by parties sufficient to confer jurisdiction for termination of parental rights on retired juvenile court referee.

Requirement of written stipulation for temporary judge is directory, not mandatory.

Juvenile court referee’s social contact with minor during trial amounted to receipt of information re case from sources outside evidence and constituted judicial misconduct warranting mistrial.