Discover how can retired judges become visiting judges in California, enhancing the judiciary with their experience and expertise.
If you’re a retired judge in California—or know one—curious about how judges can become visiting judges in California, but maintain the freedom enjoyed in retirement, becoming a visiting judge can be your opportunity. I know that firsthand, well, that’s been my path, too, over about getting off the bench and having a little toe in the water, but not getting wet, I hope, in a big way.
The best part is, in California, there is a pretty definite path for retired judges to serve in such a role. Let me go through the ins and outs, seasoned with my experiences and lessons, and how proper guidance, even possibly a seasoned law attorney, can make such a transition easier.
Table of Contents
The Historical Context of Judicial Visitation
The practice of visiting judges unites two contrasting strands of practice. One situated judges in a fixed position, with visitors only in times of necessity. The other involved judges riding circuits, moving through areas to dispose of cases. That dual heritage expresses both continuity and flexibility in judicial administration.
Modern Variability
The courts of appeals differ in regard to use of visiting judges:
Such diversity generates strong institution-related and cultural dynamics, and judicial institution-related information dissemination through circuits, and raises concerns about whether visiting judges contribute to judicial decision uniformity or not.
Judicial Interchangeability
The case raises the issue of substitutability at a federal level, with a connotation that judges have to adapt and move into new settings and environments whenever and wherever a necessity arises.
Potential Challenges
However such practice variation and adaptability can cause apprehensions regarding uniformity, neutrality, and fairness in perception between circuits.
Why become a visiting judge?
But first, a larger question: why in the first place would one even try to become a visiting judge in California? In my case, my motives for wanting to become a visiting judge were not one but many:
What is a Visiting Judge?
A visiting judge, an assigned judge, is most frequently a retired judge who sits in courts periodically in California state. That is sometimes when a judge’s unavailability, case overloads, and other logistical factors require such stand-in judges. He can be booked for a span of a single day or to sit for an extended period of several months’ duration.
I was overjoyed when at long last, such a reality became a fact but did have my concerns: would I enjoy a re-entry into judicial life following my retirement? Well, the spoiler alert is that I enjoyed my stint, and it was not as daunting as one could have ever dreamed of getting there.
How to be a Visiting Judge: A Step-by-Step Process
Now, let’s explore a little deeper about becoming visiting judges in California and getting visiting judge appointments for retired judges.
1. Qualification Criteria
The first is to verify that you meet the requirements of the California Judicial Council. To make it easier, below is a simple checklist:
I recall double-checking these requirements a number of times, simply because I did not want to make a wrong move and I desired to make certain I qualified first.
2. Submit an Application
Next, you will have to make an application with the Judicial Council of California. That is not a mere formality, and it is your chance to make your qualifications your background, and your willingness to serve apparent. The application will most frequently require:
I have tried in my application to draw not only on my technical skill but also my commitment to fairness and flexibility—qualities so critical for any judge who one day may sit in a new courtroom.
3. Undergo an evaluation
Once your application has been considered, then your evaluation process will follow. That most frequently entails
This can be the most intimidating part of the exercise, but remember: it is not an attempt to trip you up. Rather, it is a device for ensuring that you’re in a position for success as a visiting judge.
4. Complete Necessary Training
Although an experienced judge, most likely, a new one will confront you even then. Before assuming your post, you can be required to undertake refresher courses and training sessions organized by the Judicial Council. Some of them include:
Surprisingly enough, these sessions not only interested me but first, educated me, and then a perfect opportunity to socialize with fellow students and swap useful information.
5. Wait for Assignments
Once approved, you will become part of a pool of qualified visiting judges. The Judicial Council will then assign you to cases according to:
You will have the freedom of choice in assigning jobs at your will, and your schedule will become completely at your disposal.
Personal Reflections and Stories
I was nervous and apprehensive when I first received my first visiting judge assignment, but I soon discovered I was a small, under-manned court in rural California with a fully docked schedule, and when I sat in court, I was overwhelmed with a realization of how much I had missed working—the problem-solving, working with attorneys and litigants, and purpose.
A high point for me was in a high-emotion family court case in which parties were deadlocked and tempers flared. I could draw on many years of practice—and a little patience acquired through retirement—to navigate a resolution with which everyone could concur.
A lawyer took me aside afterward and whispered in my ear, “Judge, we’ve missed having your level head in here.” That hung with me and kept me thinking about why I’d become a judge in the first place.
Advises for Aspiring Visiting Judges
If you’re thinking about taking this path, a few things I have discovered over time include:
The Greater Perspective
Being a visiting judge isn’t an expansion of one’s career but a contribution in an active form towards the justice sector. The courts in California have been banking on seasoned judges to substitute for them and keep pace in case disposal in an effective manner. In this regard, you’re not working for courts but for the citizens of California.
