Parties in Oregon divorce cases typically settle prior to trial. But for those cases that require a trial, it can be a long wait for the proverbial “day in court.” Dockets are crowded. Judges are overworked. Divorce cases often take a back seat to more serious and time-sensitive matters (such as in-custody or even out-of-custody criminal cases). Enter reference judges to the rescue.
What is a Reference Judge?
A reference judge is an attorney or judge with sufficient experience in a particular area of law to act as a temporary judge. They must be approved by the county in which the case will be tried, but they aren’t required to be an appointed or elected state judge. Some reference judges are senior or retired judges, and other times they are trial attorneys. Reference judges charge by the hour or by the case type.
What are the Disadvantages of Using a Reference Judge for an Oregon Divorce Trial?
Probably the biggest disadvantage is cost. If you are of modest means, a state judge is going to be your best bet. A reference judge not only charges for their time, but there may be expenses related to recording (audio or stenographer recordings), and the location rental for the trial (e.g. conference room, etc).
Another possible disadvantage is more subjective, and that is appearance. If it’s important to you to have your trial feel like it’s state-sanctioned, with the weight of the Oregon judiciary behind it, then a state judge would be best. For some people, they are going to want their divorce trial to be in an official courtroom with a traditional judicial bench, witness stand, and counsel tables.
What are the Advantages of Using a Reference Judge for an Oregon Divorce Trial?
The main advantage is probably speed. You can get a trial date much faster with a reference judge, and it will likely be more meaningful (i.e. not postponed or bumped). The trial itself may also be more efficient because a reference judge will have greater flexibility to set hours and avoid interruptions common in state courts due to other court business.
Another advantage is the ability to handle complex issues. Some reference judges are more skilled at complex litigation than state court judges. In cases where there are large or difficult-to-value assets, complex business arrangements, or complex tax or real estate transactions, a reference judge may be better suited to assist with these issues in a divorce.
One additional advantage that a reference judge may bring to the table is a desire to do good work. This is obviously more subjective, but some state court judges are quite insulated by tenure and politics, and therefore are somewhat indifferent to impressing the parties or their attorneys with a diligent work ethic. On the other hand, reference judges have a financial incentive as well as a reputation to maintain with local attorneys that they will do a good job on the trials they take on. It’s not that they desire a reputation to be favorable to one side or another, but rather that they are fair, listen to the needs of the parties, listen carefully to the arguments made by legal counsel, make accurate findings of fact, and ultimately explain their ruling in detail so that it’s well-understood by all participants.
Finding a Reference Judge to Handle your Divorce Trial
If you are looking to resolve your Oregon divorce case through trial, discuss with your attorney the possibility of using a reference judge. You also may be interested in mediation or settlement conferences, which also make use of private judges.