A judge pro tem in California is a licensed attorney who temporarily serves as a superior court judge to hear a specific case, and their rulings carry the same legal weight as those of a permanent judge. The arrangement is authorized by the state constitution, but only when the parties agree to it. You have the right to insist on a regular judge instead, though that right disappears quickly if you don’t speak up.
What a Judge Pro Tem Is
The authority comes from Article VI, Section 21 of the California Constitution, which allows a court to assign a case to a temporary judge who is a member of the State Bar, provided the parties stipulate. Once sworn in, the attorney holds judicial power only until the assigned case reaches a final resolution. When the case ends, so does that authority.1Justia. California Constitution Article VI Section 21 – Judicial
Most court-appointed temporary judges are volunteers. Programs like San Francisco’s Temporary Judge Program are staffed by attorneys donating their time.2Superior Court of California, County of San Francisco. Temporary Judge Program These are practicing lawyers with active caseloads, which is why the disqualification rules covered below are tighter than the ones that apply to full-time judges.
Where You’ll Encounter One
Pro tem judges appear most often in the busiest calendars. Small claims is the classic setting. Individuals can bring claims for up to $12,500, and businesses can sue for up to $6,250.3California Legislative Information. California Code of Civil Procedure Section 116-221 Many of those hearings are handled by temporary judges.
Traffic court is the other big one. Temporary judges preside over arraignments and trials for traffic infractions. Some courts also assign them to settlement conferences in unlawful detainer (eviction), probate, or family law matters.2Superior Court of California, County of San Francisco. Temporary Judge Program The pattern is consistent: high-volume matters where a pro tem can keep the calendar moving.
Your Right to Refuse
Nobody can force you to accept a pro tem judge. Before the proceeding starts, the court must notify you that a temporary judge will be hearing the calendar, tell you the attorney’s name and bar status, and inform you that you can have the matter heard by a regular judge, commissioner, or referee instead.4Judicial Branch of California. California Rules of Court 2.816 – Stipulation to Court-Appointed Temporary Judge The notice may come through a posted sign combined with an oral announcement, or through a written notice handed to you.
You do not need to explain why you want a regular judge, and your refusal cannot be used against you.
Silence Counts as Consent
This is what trips people up. Under Rule 2.816, if you fail to object before the temporary judge begins the proceeding, you are deemed to have stipulated. There’s no oral on-the-record consent step for court-appointed pro tems. Either you sign a written stipulation form, or your silence agrees for you.4Judicial Branch of California. California Rules of Court 2.816 – Stipulation to Court-Appointed Temporary Judge
If you want a regular judge, say so before the hearing starts. Once the pro tem begins, your window is closed.
Asking for a Specific Attorney
A separate process exists when the parties themselves want a particular attorney to serve as their temporary judge. Rule 2.831 requires a written stipulation naming the attorney and giving an office address, and the presiding judge has to approve it. Backing out later takes a motion showing good cause. Disagreeing with a ruling doesn’t qualify.5Judicial Branch of California. California Rules of Court 2.831 – Temporary Judge-Stipulation, Order, Oath, Assignment, Disclosure, and Disqualification
Who Can Serve
Rule 2.812 sets the qualifications. The attorney needs ten years of active membership in good standing with the State Bar. A presiding judge can drop that to five years for good cause, but that’s not routine.6Judicial Branch of California. California Rules of Court 2.812 – Requirements for Court Appointment of an Attorney to Serve as a Temporary Judge
Within the three years before appointment, the attorney must also complete training in three areas:
- Bench conduct and demeanor.
- Judicial ethics.
- Substantive law for the type of case they’ll hear, such as small claims or traffic.
Individual courts can layer on additional requirements at the presiding judge’s discretion.6Judicial Branch of California. California Rules of Court 2.812 – Requirements for Court Appointment of an Attorney to Serve as a Temporary Judge
When a Pro Tem Must Step Aside
Temporary judges are bound by the Code of Judicial Ethics, and Rule 2.818 adds restrictions specific to them. An attorney cannot serve as a pro tem if:
- They are appearing as a lawyer or party in any case in the same courthouse on the same day.
- They are currently a party to a case of the same type in that court.
- The case is a family law or eviction matter in which one side has a lawyer (or is one) and the other side is self-represented.
A presiding judge can waive those specific limitations for good cause. But three conflicts can never be waived: personal bias against a party, prior service as an attorney in the same dispute, and having been a material witness in the controversy. If any of those surface after the pro tem has already made rulings, disqualification is still required.7Judicial Branch of California. California Rules of Court 2.818 – Disqualifications and Limitations
Appealing a Pro Tem’s Ruling
A decision by a temporary judge is treated the same as a decision by any superior court judge. The California Supreme Court confirmed in In re Marriage of Assemi (1994) that a pro tem’s ruling is an appealable judgment. The same timelines and procedures that would apply to a regular judge’s order apply here. If you believe the pro tem made a legal error, you take it to the Court of Appeal.