CHILDREN AND THE LAW
...Delinquency Matters
......Judges/Commissioners/Referees
.........Stipulations-Judge Pro Tem.-Jeopardy
7 Cards On This Topic:

Referees of juvenile court have judicial power to hear cases.

Referees may be disqualified in same manner as judges.

Absent stipulation that referee act as judge pro tem., referee does not have authority to determine delinquency jurisdictional petition.

Stipulation that commissioner is acting as judge pro tem. may be inferred from parties’ conduct.

Welf. & Inst. Code §1800 hearing is not type of hearing to which double jeopardy attaches; and stipulation of parties not required to have matter heard before referee.

Under "Tantamount Stipulation" doctrine, parties impliedly consented to commissioner sitting as judge pro tem with authority to commit minor to CYA.

Participation in juvenile proceedings without complaint or objection to use of referee is implied stipulation to jurisdiction and waiver of challenge.