The increased use of private judges, long employed by the prosperous and powerful who seek speedy resolutions to legal disputes, has drawn criticism from some players in the local legal community.

"It gives the appearance that there are two judging systems, one for the rich and one for the rest of us," said Darrel Parker, assistant executive officer of the Superior Courts in Santa Barbara County. "And what does the fact that somebody set up private judging say about the (public) courts system?"

In California, private judges are sanctioned by the state and permitted to hear most kinds of civil disputes, from divorce cases to business litigation. The practice is less common in other states.

Attorneys have used private judges for decades, though the practice has become more organized and popular over the past 10 years, said Craig Smith, a professor at Santa Barbara College of Law and attorney who has argued cases in front of private judges.

Private judges are often retired Superior Court judges, but can also be attorneys. At hearings the officials preside over, decisions are binding, most rules of court are observed and in some cases parties even retain a right to appeal, Smith said.

Both sides share the cost of hiring a private judge, who can charge up to $500 per hour, Smith said. Hearings can last from a day to weeks and take place in private offices or conference rooms.

Documents from the proceedings eventually become public, but the actual hearings never are. Court reporters are optional, so transcripts often are not produced.

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James Slater, who retired as a Superior Court judge in Santa Barbara in 1997 after 20 years on the bench, is a well-known local private judge. He works throughout Southern California, and hears cases in Santa Maria involving contract, employee and real estate disputes.

Slater acknowledges that private judging affords the affluent an easier path to justice.

"Generally speaking, those who can afford it can have their decision made very rapidly," Slater said.

Slater, an American Arbitration Association member who works with several private judging firms, believes the practice serves the public by disposing of cases, allowing others a quicker path through the public courts.

A problem arises when employees in labor disputes are forced to accept a ruling from a private judge, Slater said.

Some firms who supply private judges have ongoing relationships with employers, creating an inherent conflict of interest. Private judges can avoid a potential conflict by disclosing who they have dealt with in the past, Slater said.

To keep conflicts away from the public courts, retired judges who work in the private sector are no longer permitted to sit as visiting Superior Court judges, Slater said.

Santa Barbara attorney Robert Sanger notes that rampant private judging marks a break from tradition in the United States.

"What's happened is that it's become an industry," Sanger said. "The historical concept of the judiciary is that the government sets up judges, and that our government should provide (court) services."

Quintin Cushner can be reached at 739-2217 or qcushner@

santamariatimes.com.

September 27, 2005