Discover how can retired judges become visiting judges in California, enhancing the judiciary with their experience and expertise.
If you are a retired judge in California—or if you know one—who wonders how retired judges can become visiting judges in California, yet still enjoy the flexibility offered by retirement, becoming a visiting judge can be just your chance. I know that because, well, that’s been the road I, too, have traveled—over the idea of leaving the bench and keeping a bit of a toe in the water. The good news is that California has a very clear process for retired judges to serve in this capacity. Let me go into the details, peppered with my experiences and lessons learned, and how the right guidance, perhaps even from a seasoned law attorney, can make this transition smoother.
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Historical Roots of Judicial Visiting
The practice of visiting judges combines two contrasting traditions. One tradition saw judges fixed to specific locations, with visitors stepping in only as a contingency. The other involved Supreme Court justices riding circuits, moving across regions to handle cases. This dual heritage underscores the balance between stability and flexibility in judicial operations.
Contemporary Variability
Courts of appeals differ significantly in their use of visiting judges:
- Workload Relief: Some courts utilize visiting judges to handle heavy caseloads.
- Knowledge Transfer: Others invite visitors to learn about the circuit’s inner workings.
- Avoidance for Neutrality: Certain courts reject the practice, fearing historical misuse for political purposes.
This variability raises important cultural and institutional dynamics, influencing how judicial culture and institutional knowledge are disseminated across circuits. It poses questions about whether visiting judges help or hinder the consistency of judicial decision-making.
Judicial Interchangeability
The phenomenon also highlights the concept of substitutability among federal judges, suggesting that the system relies on judges being versatile enough to step into different roles and contexts as needed.
Potential Challenges
However, the variability and flexibility of the practice may create tensions related to consistency, impartiality, and the perception of fairness across circuits.
Why become a visiting judge?
But before delving into nuts and bolts, there’s a big question: why would one consider trying to how can retired judges become visiting judges in California in the first instance? In my case, the motivations for this were not singular but multifold:
- The love of the courtroom: Years on the bench, and it’s hard to let go of the unique rhythm of the courtroom and the chance to ensure justice is served.
- Flexibility: You get to choose your assignments as a visiting judge—a luxury not usually afforded to most full-time judges.
- Making a difference: Many courts, especially those in rural areas or those that are understaffed, require experienced judges to step in and keep the system moving.
- Financial perks: Not about the money, but the compensation for the visiting judges proves to be one of the few nice bonuses in retirement.
What is a Visiting Judge?
An assigned judge, also known as a visiting judge, is usually a retired judge who sits in various courts from time to time in the State of California. This is at times when a judge’s absence, overflowing cases, and other logistical scenarios may require these substitute judges. He can be assigned for as short a period as a day or to continue his sitting over a period extending to several months. I was excited when this finally became an option but also had my skepticism: would I be glad to step back into the judicial world after retiring? Well, the spoiler alert is that I had a positive experience, and it was less daunting than imagined in getting there.
How to be a Visiting Judge: A Step-by-Step Process
Now, let us delve a bit into how can retired judges become visiting judges in California and be granted visiting judge assignments.
1. Eligibility Criteria
The first thing you need to do is to see whether you qualify according to the California Judicial Council requirements. Here is a basic checklist:
- You must have retired under JRS or JRS II.
- Your retirement cannot be on grounds of censure or removal from office.
- You must be physically and mentally able to carry out judicial duties. Yes, there’s an evaluation process, but more on that later.
I remember checking these criteria several times, mostly because I wanted to be absolutely sure I was eligible before investing my energy in the process.
2. Submit an Application
Next, you will have to apply through the Judicial Council of California. That is not mere formality, and this is your chance to show off your experience and qualifications and your will to serve. The application will generally require the following:
- Personal and professional information.
- A summary of your judicial experience.
- Specialty practice areas (family law, criminal cases, civil litigation).
- Preferences for assignments if any.
In my application, I tried to emphasize not only my technical skills but also my commitment to fairness and adaptability—so vital for any judge who may find himself in an unfamiliar courtroom.
3. Undergo an Evaluation
After your application has been assessed, you are going to have an evaluation process. This commonly consists of the following:
- A check on physical and mental health: To make sure you are fit for the role.
- A background check: This is to confirm your judicial record and verify there’s no history of misconduct.
- An interview or review with the Judicial Council, which is your personal test to check upon your preparedness for this position.
This can be the most intimidating part of the process, but remember: it is not an attempt to trip you up. Rather, it’s a way to make sure you are set up for success as a visiting judge.
4. Complete Required Training
Even as an experienced judge, you are very likely to encounter something that’s new. Pre-assignments you may be expected to attend refresher courses or training sessions offered by the Judicial Council. These include the following:
- Updates of California law.
- Procedural changes.
- Best practice for visiting judges.
Surprisingly, these sessions were quite interesting. First, it was informative, and secondly, it provided a great opportunity to catch up with peers and share valuable information.
5. Wait for Assignments
Once you are approved, you will be placed in a pool of eligible visiting judges. The Judicial Council will then match you with assignments based on:
- Your availability.
- The needs of the court.
- Your areas of expertise.
You can choose to accept or decline assignments based on your preferences, and this would give you full control over your schedule.
Personal Reflections and Anecdotes
When I got my first assignment as a visiting judge, I was both thrilled and apprehensive. It was a small, understaffed court in rural California with a crowded docket. But when I walked into the courtroom, I was reminded of how much I had missed the work—the problem-solving, interacting with attorneys and litigants, and the sense of purpose.
One of the memorable moments was in a very heated family law case. The parties were completely at a stalemate, and emotions were running high. I was able to bring many years’ experience—and maybe a bit of retirement-earned patience—to facilitating a resolution that worked for everyone.
Later, one of the attorneys pulled me aside to say, “Judge, we’ve missed having someone with your calm demeanor here.” That comment stayed with me and reminded me why I’d chosen to take on this role.
Tips for Would-Be Visiting Judges
If you’re considering this path, here are a few lessons I’ve learned along the way:
- Be open-minded: This may imply you are asked to handle cases or visit courts out of your comfort zone; this could be a challenge worth experiencing.
- Know your stuff: Laws and procedures can change in an instant, so take the training when it is offered.
- Peer networking: Other visiting judges are very often the most helpful in giving advice and assistance.
- Take care of yourself: Judicial work is heavy, so balance assignments with relaxation and personal time.
The Bigger Picture
Serving as a visiting judge is not a career extension but has more to do with an active contribution to the justice department. The Courts of California have been dependent upon seasoned judges to fill in the gap and keep up with case disposal efficiently. Here you are not serving the courts, but you are serving the people of California.
Takeaways
- If you are a retired judge who considers this path, I hope the above guide has given you a fair idea of what to expect and why it would be worth your while.
- For me, becoming a visiting judge was one of the best decisions I have made in my retirement period.
- It’s a great opportunity to stay in contact with people, make a difference, and bring your unique expertise to courts that really need it.
- So, what are you waiting for? Dust that robe off and fill out that application to get back into the world of justice—your way.
Additional resources
Temporary Assigned Judges Program Fact Sheet: This document provides detailed information on the application process, evaluation criteria, and assignment procedures for retired judges interested in the TAJP.
California Rules of Court Governing Temporary Judges: This resource outlines the mandatory training requirements, ethical standards, and procedural guidelines that temporary judges must follow.
Application for Judicial Appointment: While primarily for new judicial appointments, this resource offers insights into the application procedures and expectations for those seeking judicial roles in California.
Temporary Judge Program Requirements – Superior Court of California: This page details the specific requirements, including training and experience, for attorneys and retired judges aiming to serve as temporary judges in California’s Superior Courts.
