Many family law matters in Washington are initially heard by a court commissioner rather than a superior court judge. Understanding the difference between these two roles, and the options available if a party disagrees with a commissioner's ruling, can help set expectations for the court process. While the roles are similar, they are not the same. Here’s a general overview of how commissioners fit into Washington's family law system.
The Role of a Court Commissioner
Court commissioners are judicial officers appointed to handle a significant portion of family law matters, including temporary orders, enforcement hearings, and other relevant family law motions. Their use allows courts to manage high case volumes more efficiently. Commissioners generally have authority similar to a judge for the matters assigned to them, though their rulings can be subject to review in certain circumstances.
Requesting Revision of a Commissioner's Ruling
If a party disagrees with a family law commissioner's decision, Washington law allows a motion for revision, asking a superior court judge to review the ruling. This is not the same as an appeal to a higher court; it occurs within the same case at the superior court level. Motions for revision are typically subject to strict deadlines, so parties who wish to pursue this option should act quickly after a commissioner's ruling.
What a Judge Reviews on Revision
On revision, a superior court judge generally reviews the same record that was before the commissioner, rather than hearing new evidence. The judge can affirm, reverse, or modify the commissioner's ruling based on that record. Because new evidence is typically not considered, the quality of the record made before the commissioner can be important if revision becomes necessary.
When Cases Proceed Directly to a Judge
Certain matters, such as trials on the merits of a dissolution, are more likely to be heard directly by a superior court judge rather than a commissioner. The specific assignment can vary by county and the nature of the proceeding. Understanding which judicial officer will hear a given matter can help parties prepare appropriately. If you disagree with a trial judge’s decision, certain matters may be subject to appeal. Those appeals are not heard in the same courthouse usually, and will require specific knowledge of appellate rules to manage appropriately.
Navigating the roles of commissioners and judges is one of many procedural aspects of Washington family law cases that can affect strategy and timing. At Magnuson Lowell, P.S., we guide clients through each stage of the family law court process. We offer free telephone case evaluations to answer your questions - 425-800-0573.
