Private judging is becoming more common as funding for courts is cut and courtrooms are closed. These budgetary actions are increasing the delays in having cases heard in court.
Private Judges are more accessible than are regular judges. A Private Judge can resolve cases with less delay and expense than occurs through the court system. You are able to set hearings right away, have your hearings heard immediately, obtain detailed and enforceable orders that are less likely to require modification, and streamline the dissolution of marriage proceedings. You can also have more control over the process, with the opportunity to modify the traditional approach to proceedings in cases where all parties agree.
Since Private Judges have fewer cases to handle than a regular judge, they develop a better understanding of the issues and evidence in your case. This results in better and more even handed decisions.
In many counties family law judges are frequently inexperienced in family law. This is because judges may have handled cases in other areas of the law before becoming judges. Additionally, once they become judges they often hear cases in many different areas of the law. Thus, regular judges frequently do not have the depth of knowledge and experience in family law that an experienced family law attorney/Private Judge has. In Private Judging, most parties have independent attorneys. The Private Judge tries to bring the parties to an agreement, but the Private Judge ultimately retains the authority to determine what is best. The Judge hears the arguments and facts presented by each party, considers all aspects of the case and the history of the parties, as well as the needs of any children.
The parties to a Private Judge case stipulate in writing to hiring the Private Judge and this written stipulation is made into a court order by having a regular judge sign the written stipulation. In this manner the Private Judge is conferred with the same authority as a regular judge. The parties will be bound by this order just like any other court order, which will be full enforceable by the Court and law enforcement.