§ 457. Participation and availability of assistant judges
(a) Application. This section shall apply in all proceedings in which the Family Court consists of
one presiding judge and two assistant judges.
(b) Questions of law and fact. In all proceedings, questions of law shall be decided by the presiding judge. Mixed
questions of law and fact shall be deemed to be questions of law. The presiding judge
alone shall decide which are questions of law, questions of fact, and mixed questions
of law and fact. Written or oral stipulations of fact submitted by the parties shall
establish the facts in the submitted stipulation, except that the presiding judge,
in the presiding judge’s discretion, may order a hearing on any stipulated fact. Neither
the decision of the presiding judge under this subsection nor participation by an
assistant judge in a ruling of law shall be grounds for reversal unless a party makes
a timely objection and raises the issue on appeal.
(c) Availability of assistant judges. If two assistant judges are not available, the court shall consist of one presiding
judge and one assistant judge. If neither assistant judge is available, the court
shall consist of the presiding judge alone, and the unavailability of an assistant
judge shall not constitute reversible error.
(d) Mistrial. In the event that court is being held by the presiding judge and one assistant judge,
and they do not agree on a decision, a mistrial shall be declared. If the case is
retried, the court shall consist of the presiding judge alone or the presiding judge
and two assistant judges.
(e) Method of determining availability. Before commencing a hearing in any matter in which the court by law may consist of
the presiding judge and assistant judges, the assistant judges shall determine whether
they are available for the case. A schedule of proceedings in Family Court in which
the assistant judges by law may participate shall be made available sufficiently in
advance to give assistant judges reasonable opportunity to determine in which cases
they will participate. If two or more cases are being heard at one time, and assistant
judges may by law participate in either, each assistant judge may determine in which
case he or she will participate.
(f) Duty to complete hearing or trial. After an assistant judge has decided to participate in a hearing or trial, the assistant
judge shall not withdraw from the hearing or trial except for cause. However, if an
assistant judge is not available for a scheduled hearing or trial or becomes unavailable
during trial, the matter may continue without that assistant judge’s participation,
and the assistant judge may not return to participate.
(g) Emergency relief. A presiding judge may hear a petition for emergency relief when the court is not sitting
and may issue temporary orders as necessary. (Added 1989, No. 221 (Adj. Sess.), § 1, eff. Oct. 1, 1990; amended 2021, No. 105 (Adj. Sess.), § 8, eff. July 1, 2022.)