What’s The Difference Between A Judge And A Commissioner?

Superior Court Judges are elected, and Superior Court Commissioners are appointed.  Commissioners are basically one rung below Judges.  Because the Courts are so busy, the Court appoints Commissioners to hear a variety of motions, such as Temporary Orders (but not trials) in divorce cases, and Orders for Protection.

referees

Some practicing attorneys also sit on the Bench from time to time, to help out with overflow cases. – either as a Judge pro tem or as a Commissioner Pro Tem.

In general these distinctions won’t matter much to your case, with one big exception:  If you don’t like the result you get from a Commissioner, you can automatically ask for a Revision – basically a do-over in front of a Judge.  But if your original hearing is in front of either a Judge or a Judge pro tem, then you cannot ask for a revision – because your case has already been heard by a Judge (even it was a Judge pro tem).

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