Define: Court Commissioner

Court Commissioner
Court Commissioner
Quick Summary of Court Commissioner

A court commissioner is an individual designated by the court to carry out specific tasks, such as gathering and presenting evidence or overseeing legal auctions. They function as assistants to the judge. Additionally, there are various other types of commissioners, such as the commissioner of highways who supervises road construction and maintenance, or the commissioner of deeds who is empowered to authenticate legal documents.

Full Definition Of Court Commissioner

A court commissioner is a court-appointed officer who performs various judicial and administrative functions. They have the authority to hear and report facts, conduct judicial sales, manage the county’s financial affairs and police regulations. One specific type of court commissioner is a Bail Commissioner, who is responsible for setting bail for defendants. Another type is a Commissioner of Deeds, who is authorized to take acknowledgments of deeds and other papers while residing in a different state. Additionally, there is a Jury Commissioner, who is in charge of drawing and summoning potential jurors in a specific county. These examples demonstrate the diverse roles and responsibilities of a court commissioner, including setting bail, taking acknowledgments of deeds, and summoning potential jurors. These tasks are crucial for the proper functioning of the court system and ensuring justice is served.

Court Commissioner FAQ'S

A court commissioner is a judicial officer who has limited authority to hear and decide certain types of cases, such as small claims, traffic violations, and family law matters. They are appointed by the court and have the power to issue orders and make rulings, but their decisions may be subject to review by a judge.

While both court commissioners and judges are judicial officers, the main difference lies in their authority and jurisdiction. Judges have broader authority and can preside over any type of case, including complex civil and criminal matters. Court commissioners, on the other hand, have limited jurisdiction and typically handle less complex cases.

In some cases, yes. Court commissioners can make final decisions in matters within their jurisdiction, such as small claims or traffic violations. However, in more significant cases, their decisions may be subject to review or appeal by a judge.

No, court commissioners do not have the authority to issue arrest warrants. Only judges can issue arrest warrants based on probable cause and after considering the evidence presented.

Yes, court commissioners can conduct trials in certain types of cases, such as small claims or family law matters. However, their authority to conduct trials may be limited compared to judges, and their decisions may be subject to review by a judge.

Yes, court commissioners can grant divorces in family law cases. They have the authority to hear and decide divorce cases, including issues related to child custody, spousal support, and property division.

Yes, court commissioners can modify child custody orders if there has been a significant change in circumstances since the original order was issued. However, their decisions may be subject to review by a judge.

Yes, court commissioners can issue temporary restraining orders in cases where there is a threat of harm or harassment. However, these orders are typically temporary and may need to be reviewed by a judge for a more permanent solution.

Yes, court commissioners have the authority to set bail amounts for individuals accused of crimes. They consider factors such as the seriousness of the offense, the defendant’s criminal history, and the risk of flight when determining the bail amount.

No, court commissioners do not handle appeals. Appeals are typically heard by a panel of judges who review the decisions made by lower courts, including those made by court commissioners.

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Disclaimer

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 17th April 2024.

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