Rule 5.536.General provisions—proceedings held before referees

Division 3. Juvenile Rules · Chapter 3. General Conduct of Juvenile Court Proceedings · Last amended 2007 · Last verified September 10, 2026

In one sentenceRule 5.536 allows referees to perform subordinate judicial duties in juvenile court, and lets the parties stipulate that an attorney referee acts as a temporary judge.

Full Text of Rule 5.536

Text sizeJump to: (a) (b)

(a) Referees—appointment; powers (Cal. Const., art. VI, § 22)

One or more referees may be appointed under section 247 to perform subordinate judicial duties assigned by the presiding judge of the juvenile court.

(b) Referee as temporary judge (Cal. Const., art. VI, § 21)

If the referee is an attorney admitted to practice in this state, the parties may stipulate under rule 2.816 that the referee is acting as a temporary judge with the same powers as a judge of the juvenile court. An official court reporter or other authorized reporting procedure must record all proceedings.

End

Plain-English Summary

One or more referees may be appointed to perform the subordinate judicial duties the presiding judge of the juvenile court assigns.

Where the referee is an attorney admitted to practice in California, the parties may stipulate that the referee acts as a temporary judge with the same powers as a juvenile court judge. That stipulation changes the recording requirement too: an official court reporter or other authorized procedure must record all proceedings, as it must before a judge.

The distinction runs through the next several rules — a referee acting as a temporary judge produces orders like a judge’s, while a referee who is not is subject to the approval, finality and rehearing provisions of rules 5.540 and 5.542.

Frequently Asked Questions

What is a juvenile court referee?

A judicial officer appointed under Welfare and Institutions Code section 247 to perform subordinate judicial duties assigned by the presiding judge of the juvenile court.

Can a referee act as a judge?

Amendment History

Rule 5.536 amended and renumbered effective January 1, 2007; adopted as rule 1415 effective January 1, 1990.

(Subd (a) amended effective January 1, 2007.) (Subd (b) amended effective January 1, 2007.)

Source & verification. Rule text is reproduced verbatim from the Judicial Council of California. Adopted by the Judicial Council of California. Last verified September 10, 2026. · Official source

Also known as: juvenile court referee Californiareferee as temporary judge stipulationsubordinate judicial duties juvenile