What is the legal test for referring to a court commissioner as a temporary judge?

California, United States of America


The following excerpt is from Lovret v. Seyfarth, 101 Cal.Rptr. 143, 22 Cal.App.3d 841 (Cal. App. 1972):

1 We shall for convenience refer to him as a temporary judge where the record shows him purportedly acting as such rather than in the capacity of a court commissioner. We use the term 'unqualified temporary judge' only in the sense that the requirements of People v. Tijerina, Infra, were not met. The legal learning, character and integrity of the commissioner are not questioned.

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