Daly City Private Judge & Special Master

Divorce and other family law proceedings can be incredibly complex and emotionally sensitive for many people. With the high number of cases that go through family courts, it’s not uncommon for people to feel overlooked or generally unhappy with the outcome of their case. If your case is highly contentious or you simply wish to have more control over the legal proceedings, you should consider working with a Daly City private judge & special master.

Attorney Tracy Duell-Cazes has been practicing family law for over 35 years and is a Certified Family Law Specialist, recognized by the California Board of Legal Specialization of the State Bar since 2002.

What Does a Private Judge Do?

In the traditional divorce process, spouses generally leave the various issues that need to be addressed, such as spousal support, equal division of marital property, and child support and custody, up to the courts to make a final decision. Typical family law proceedings can take a long time due to the high volume of cases the courts receive.

Additionally, it’s more likely for one or both parties to be dissatisfied with the court’s determination, which can ultimately cause proceedings to go on even longer. There are some alternative approaches that divorcing parties can consider instead of this usual process, such as mediation, arbitration, or electing to go with a private judge. A private judge is a legal professional who doesn’t sit on any court and does not work for the state government.

Private judges are meant to act as an extension of the law and are hired privately by divorcing parties to oversee their legal proceedings outside of court. This allows spouses to avoid traditional legal procedures and maintain their privacy outside the public court system. Private judges are usually retired judges or qualified attorneys who are educated in and familiar with the various inner workings of California family courts.

What Is a Special Master?

Special masters are another form of legal professional who can help divorcing parties with various family law matters outside of court. The main difference between a special master and a private judge is that a special master is often appointed by the family court to assist in the alternative dispute resolution process, while the spouses select a private judge themselves.

It’s also possible for the parties in California to designate a special master, known as a referee. If the spouses cannot agree on a special master or prefer to let the court appoint one, the court considers the suitability, reputation, and experience of the special master before appointing them to a specific family law case.

A special master is appointed by the court either when the court determines it is necessary for the case or upon the agreement of the involved parties. Special masters typically have extensive education, specific qualifications, and years of professional experience working in complex family law cases.

Family Law Resolutions With a Special Master or Private Judge

Going to a private judge or special master to oversee a family law case entails many of the same benefits, with minor differences in how the proceedings are handled. With both legal professionals, the divorcing parties seek the professional opinion of a neutral third party. These approaches differ from mediation, another type of alternative dispute resolution, where the decisions and goals of each spouse are ultimately the driving force of the proceedings.

To obtain a private judge, each party must agree to waive their right to a public trial with a traditional judge present. After the spouses submit a stipulation to the court that outlines this agreement, the couple can proceed with their case after the court approves the stipulation. Each party can propose a private judge but must agree on one to oversee their proceedings.

The private judge then listens to each side’s case and concerns before deciding on a resolution. Their ruling can be legally enforceable just as a normal court judgment. If a couple is appointed a special master by the courts, the proceedings are also managed by the legal professional who ensures communication between the parties is facilitated, and official hearings are scheduled.

In addition to hearing each side’s case, special masters also conduct an investigation of their own and gather various forms of evidence to evaluate, including legal documents, witness statements, professional opinions when appropriate, and more. After analyzing all available evidence, the special master makes recommendations to the court on the relevant matters such as spousal support, child custody, and property division.

Benefits and Costs of Hiring a Private Judge or Special Master

There are several benefits of opting to proceed in your family law case with the help of a private judge or special master. As with most forms of alternative dispute resolution, hiring a private judge or special master allows spouses to conduct their family law proceedings in private, outside of the public record.

This lets the parties retain more control over the pace and overall scheduling of the proceedings, including avoiding lengthy delays and ultimately reaching a quicker resolution. When searching for a private judge in Daly City, specifically, the parties also have flexibility in selecting a professional of their choice. This may be ideal when searching for someone with experience in particular issues, such as contentious custody or high-asset property division matters.

While the parties involved don’t have control over who the court appoints to be a special master, it’s likely the court will carefully consider who to assign to a case given any concerns that may warrant a specific skill set. Hiring a special master or private judge is also often more cost-effective than in traditional proceedings since each party doesn’t need to hire their own legal counsel and the case is likely to require less time to settle.

Capable Family Law Firm in San Mateo County

At TDC Family Law, our legal team can connect you with a qualified private judge and special master to effectively manage your family law proceedings. Reach out to us to schedule a meeting with a skilled law professional or ask any questions you may have regarding alternative dispute resolution methods.