What's the difference between a judge and a commissioner?

Answer 1

You do not tell us what jurisdiction you are talking about. I also assume you are speaking of the judicial system, as anybody who is a member of a commission is a commissioner.

This is precise for California, and is probably reasonable accurate for any other jurisdiction.

A judge is a person who has been legally appointed or elected to the bench (depending upon the jurisdiction). In California, although the Governor may make interim appointments, all judges must stand for election, and be re-elected every few years. A judge has the legal power to act in any case brought before him or her.

Commissioners are attorneys who are hired by the court (in California, every county has a superior court), and they are authorized to perform "subordinate judicial duties." They can perform judicial duties involving the determination of contested issues only upon the stipulation of the parties, but with that stipulation they have the same powers as judges.

Answer 2

Both are bench officers. A judge either runs for office or is appointed by the Governor of the state. A commissioner goes through a hiring and selection process by an administrative panel. A commissioner's rulings in some civil proceedings can be petitioned to be reheard if the parties don't like the outcome. The judge does the rehearing.

Answer 3

A judge is elected by the people. A commissioner is an attorney appointed to act as a judge, usually due to a shortage of judges. A commissioner's ruling cannot be disputed after the fact any more than a judge's can. On the contrary, before the case is heard, both parties and/or lawyers agree to have the commissioner hear the case and consequently agree that the ruling by the commissioner is binding. If you do not want your case heard by a commissioner, then you must bring up that objection before proceeding with the case.

Answer 4

Commissioners have far fewer powers. Commissioners can hear motions, hear and rule on paternity and child support cases, and, with approval of the litigants, hear cases like a regular judge, among other things. For the purposes of an unlawful detainer case, there's not much difference between having a judge or commissioner. It's all in Code of Civil Procedure, section 259.

Answer 5

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What's the difference between a judge and a commissioner?

Answer 6

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A commissioner is an attorney hired by the court to perform subordinate judicial duties. Upon stipulation of the parties, a commissioner can perform the functions of a judge. (California Constitution, Article VI, sections 21, 22.) The Legislature has empowered commissioners to hear trials in infraction matters, and small claims actions (Government Code section 72190), to conduct criminal arraignments (Government Code section 72190.1), and to hear paternity and child support matters unless there is an objection (Code of Civil Procedure section 259; Family Code section 4251). A commissioner can also hear any uncontested action or proceeding. (Code Civ.Proc. sec. 259, subd. (g).) Unlawful detainer actions are often uncontested. However, if the action were to be contested, a commissioner could preside over the hearing only upon the stipulation of the parties.

Answer 7

This depends on each state; however, usually, a commisisoner is a lawyer appointed by the court to hear legal cases or parts of legal cases that would otherwise take the time of judges. A judge is elected or appointed to a term under the laws of the state where he serves; a commissioner is appointed by the presiding judge or the county to act as what is termed a "judge pro tem"--or, a temporary judge , to hear minor cases. The best examples are small claims court cases, or legal motions without trials, or civil marriages, or traffic courts, and so forth.

Answer 8

The function is 'judgment', however, legally speaking 'Judge' is a lawyer hired by Justice System....a Commissioner could be any person who is expert in law... a professor in law, lawyer or even a judge... but if a judge be appointed as 'Commissioner' then he/she has jurisdiction of that position, not the judiciary duty.

The commissioner, in many countries in the World, is an Private or Governmental Office having Private Jurisdiction to make 'Finding or Judgment' against the Government's wrongdoings. It all depend to the jurisdiction of the Commissioner.

Answer 9

What Is A Commissioner

Answer 10

A judge can make new laws, amend laws, there and then, so long he can reason his decision. (Example: sentencing is not proportional to crime committed, a judge can increase/decrease it)

But a commissioner is just referring to a person holding certain status in legal institution. He is just like a CEO at a legal institution but he does not have the power to make certain decision, just like the directors (referring to judge) do.

Commissioner may not have legal power to judge or sentence, or to delegate his legal power to another person whereas a judge can.

A judge can delegate his power to legal department (police) to carry out any investigation if there is a need to, when the legal department does not have the legal power to probe further into certain specific cases.