What is the source of the private judge’s authority and power?
Some states do not allow private judging. However, the California Constitution has a specific provision which allows litigants to choose to take their case to a private judge, so long as the private judge has the qualifications to serve as a judge in a public court. When parties agree to a specific private judge, a Stipulation for Appointment is signed by all parties and their attorneys, and the private judge. It is then sent to the Presiding Judge of the county where the case is pending. When the Presiding Judge signs the order, the private judge has all of the powers of a sitting Superior Court judge for that case only. It is always done on a case by case basis.
