Q:  Is it true that private judges can hear certain cases outside of a courtroom? 
A: Yes.  Since 1984, Ohio law has allowed retired judges to hear certain cases. The law says parties to certain civil actions can refer their case to a retired judge who will hold proceedings outside of a courtroom. Actions can include divorce, personal injury and medical malpractice cases that do not require a jury. The only exclusions are cases in the small claims division of a municipal or county court. 

Q: How would I go about hiring a private judge for my divorce?
A: You and your spouse must agree to use a retired judge, and you must file a motion in the court to transfer the case. Once the case is transferred, it can go forward. Once you have hired the judge, you must provide facilities, equipment, and personnel reasonably needed during the action or proceeding, and you must pay all costs, including the judge’s fee. No tax dollars are used for this service. Typically, the parties’ attorneys prepare the motion to transfer the case to the private judge, and the attorneys also provide whatever facilities, equipment and personnel are needed.

Q: Why would I want to hire a private judge?
A: There are many reasons people decide to hire a private judge to hear their divorce cases. It gives them the flexibility to schedule hearings at their convenience and avoid busy court dockets. The hearings can be held in private, informal settings, including the homes of shut-ins. The informal settings can also help set a more relaxed atmosphere in tense situations.

Q: Will the private proceedings be legal?
A: The decision by the private judge is final and binding, just as if the case had been heard in a courtroom. Because it is a legally binding judgment, parties can appeal to a court of appeals.

Q: Will I get legal advice from the private judge?
A: No. The private judge will not provide legal advice or prepare your legal documents. Your lawyer is responsible for completing and filing all your paperwork in court.

Q: By using a private judge, will my divorce be finalized sooner?
A: Agreed divorces, by law, can only be granted 30 days after the other party has been served with the papers and terms of the divorce have been agreed to by both parties. So, that would remain the same by using a private judge. However, a private judge’s schedule is not as busy as domestic court dockets, and so the waiting time for a hearing is much shorter.

12/15/2008

This “Law You Can Use” column provided was by the Ohio State Bar Association (OSBA).  It was prepared by Donald Cox, retired judge with Judicial Alternatives of Ohio.  The column offers general information about the law.  Seek an attorney’s advice before applying this information to a legal problem. For more information on a variety of legal topics, visit the OSBA’s Web site at www.ohiobar.org.