2024 California Rules of Court
Rule 2.813. Contents of training programs
(a) Bench conduct
Before the court may appoint an attorney to serve as a temporary judge in any type of case, the attorney must have received training under rule 2.812(c)(1) in the following subjects:
(1) Bench conduct, demeanor, and decorum;
(2) Access, fairness, and elimination of bias; and
(3) Adjudicating cases involving self-represented parties.
(Subd (a) amended effective January 1, 2007.)
(b) Ethics
Before the court may appoint an attorney to serve as a temporary judge in any type of case, the attorney must have received ethics training under rule 2.812(c)(2) in the following subjects:
(1) Judicial ethics generally;
(2) Conflicts;
(3) Disclosures, disqualifications, and limitations on appearances; and
(4) Ex parte communications.
(Subd (b) amended effective January 1, 2007.)
(c) Small claims
Before the court may appoint an attorney to serve as a temporary judge in small claims cases, the attorney must have received training under rule 2.812(c)(3)(A) in the following subjects:
(1) Small claims procedures and practices;
(2) Consumer sales;
(3) Vehicular sales, leasing, and repairs;
(4) Credit and financing transactions;
(5) Professional and occupational licensing;
(6) Tenant rent deposit law;
(7) Contract, warranty, tort, and negotiable instruments law;
(8) The subjects specified in Code of Civil Procedure section 116.240(b); and
(9) Other subjects deemed appropriate by the presiding judge based on local needs and conditions.
In addition, an attorney serving as a temporary judge in small claims cases must be familiar with the publications identified in Code of Civil Procedure section 116.930.
(Subd (c) amended effective January 1, 2023; previously amended effective January 1, 2007.)
(d) Traffic
Before the court may appoint an attorney to serve as a temporary judge in traffic cases, the attorney must have received training under rule 2.812(c)(3)(B) in the following subjects:
(1) Traffic court procedures and practices;
(2) Correctable violations;
(3) Discovery;
(4) Driver licensing;
(5) Failure to appear;
(6) Mandatory insurance;
(7) Notice to appear citation forms;
(8) Red-light enforcement;
(9) Sentencing and court-ordered traffic school;
(10) Speed enforcement;
(11) Settlement of the record;
(12) Uniform bail and penalty schedules;
(13) Vehicle registration and licensing; and
(14) Other subjects deemed appropriate by the presiding judge based on local needs and conditions.
(Subd (d) amended effective January 1, 2007.)
Rule 2.813 amended effective January 1, 2023; adopted as rule 243.14 effective July 1, 2006; previously amended and renumbered effective January 1, 2007.
Advisory Committee Comment
The purpose of this rule is to ensure that all court-appointed temporary judges have proper training in bench conduct and demeanor, ethics, and each substantive area in which they adjudicate cases. Each court is responsible for approving the training and instructional materials for the temporary judges appointed by that court. The training in bench conduct and demeanor must be instructor-led (live remote or in-person), but in other areas each court may determine the approved method or methods by which the training is provided. Courts may offer Minimum Continuing Legal Education (MCLE) credit for courses that they provide and may approve MCLE courses provided by others as satisfying the substantive training requirements under this rule. Courts may work together with other courts, or may cooperate on a regional basis, to develop and provide training programs for court-appointed temporary judges under this rule.