Powers of assistant judges in divorce proceedings

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§ 461c. Powers of assistant judges in divorce proceedings

(a) Notwithstanding any other provision of law to the contrary, an assistant judge may elect to hear and determine a complaint or action which seeks a divorce, legal separation, or civil union dissolution in cases where a final stipulation of the parties has been filed with the court.

(b) When an assistant judge elects to hear such cases, the clerk shall set it for hearing before the assistant judge if available.

(c) Prior to hearing an uncontested domestic matter, an assistant judge shall sit with a Superior judge on domestic proceedings for a minimum of 100 hours, satisfactorily complete a minimum of 30 hours of training on subjects relevant to domestic proceedings and the Code of Judicial Conduct, and conduct a minimum of three uncontested domestic hearings with a Superior judge who shall, in his or her sole discretion, certify to the Administrative Judge that the assistant judge is qualified to preside over matters under this section. Upon application of an assistant judge, some or all of these requirements may be waived by the Administrative Judge based on equivalent experience. The requirements set forth herein shall only apply to assistant judges who elect to conduct uncontested final hearings in domestic cases after July 1, 2010. An assistant judge already conducting hearings under this section as of July 1, 2010 shall be deemed to have complied with these requirements. (Added 1993, No. 237 (Adj. Sess.), § 10, eff. Nov. 1, 1994; amended 1995, No. 59, § 3; 1997, No. 90 (Adj. Sess.), § 1; 2009, No. 154 (Adj. Sess.), § 29b.)


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