In my county an appointed Commissioner hears all issues before a divorce trial. She has been assigned to hear my trial.

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In my county an appointed Commissioner hears all issues before a divorce trial. She has been assigned to hear my trial.

Anonymous Jul 8, 2014 Business 3 views 2 answers

This Commissioner shows obvious favoritism to men, one lawyer said to me "she better stop being mean to women before she gets herself in trouble" in the courtroom. I have had issues from the beginning and now that she is going through a nasty divorce it is worse. Yet she is now hearing the trial to finalize my divorce. I know I can dismiss 1 judge for any reason but the court facilitator says I cannot dismiss her because she isn't a judge. She refuses to order my husband to provide Discovery served to him 4/24/13 and our trial is July 30th. How can I get this woman off our case? She rolls her eyes when people are talking, interrupts and yells at people, calls a recess when her phone rings and has actually begun to give her ruling before both sides have had a chance to talk. What do I do?

G Gibbs · Accepted Answer · 2026-06-15T11:44:17+00:00

If this is in fact your "trial", you are not required to accept a Court Commissioner but are entitled to be heard by an elected Superior Court Judge. You would not be able to file an Affidavit of Prejudice because she has already made discretionary rulings on your case. Usually when a Commissioner is asked to hear a trial, the parties are asked to sign a form agreeing to allow the commissioner to do so. You might contact court administration and ask if you are required to agree to the commissioner hearing the trial and indicate you do not agree. That may well result in a continuance of the trial date (as I do not know why a Commissioner would sit on a trial).

George Steele · Accepted Answer · 2026-06-15T11:44:17+00:00

You have a right to have the matter heard by an elected judge. If the trial continues before the commissioner, you should be able to move for revision. Based on your description of what is going on, you may also have a valid complaint to report the commissioner to the Judicial Conduct Commission. Now, do you have a lawyer or are you trying to do this yourself? If you are trying to do this yourself, you really should not be because you are in over your head, it sounds like. You should at least consult with an attorney, that practices in your locality.

In my county an appointed Commissioner hears all issues before a divorce trial. She has been assigned to hear my trial.

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