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  • WW011@aol.com
    A court commissioner or traffic referee has the authority to exercise the same powers and duties as a judge with respect to traffic infractions. (See
    Message 1 of 2 , May 27, 2006
      A court commissioner or traffic referee has the authority to exercise the
      same powers and duties as a judge with respect to traffic infractions. (See
      Government Code sections 72190, 72401(c): In re Kathy P. (1979) 25 Cal.3rd91,98,157
      Cal.Rprt. 874: Branson v. Martin (1997) 56 Cal.App.4th 300,305,65
      Cal.Rprt.2nd 401: People v. Lucas (1978) 82 Cal.App.3d 47-48, 147 Cal.Rprt. 235.)

      This was over and above an objection on a trial by written Declaration not to
      stipulate to a commitioner hearing this case in shasta co. ca.:
      Sarracino v. Superior Court (1974 13 Cal. 3d 1, 10 10, 118 Cal. Rptr. 21. 519
      P. 2d 53.) "A court commissioner may act as a temporary judge only when the
      parties to proceedings stipulate that he may do so."



      The Notice to appear may be filed in place of a formal, verified complaint
      even if the defendant pleads not guilty and the case proceeds to trial. (People
      v. Barron (1995) 37 Cal.App.4th Supp. 1,3-5,44 Cal.Rprt.2nd 348 . See also
      Heldt v. Municipal Court (1985) 164 CAl.App.3d 532, 537-539, 209 Cal.Rptr. 579
      (notice to appear also constitutes valid complaint under penal Code section
      853.9).))
    • Frog Farmer
      ... But to agree to be prosecuted under the infraction procedures is a waiver of rights to have all of the protections of a trial by jury and to have a judge
      Message 2 of 2 , May 27, 2006
        On May 27, 2006, at 12:42 PM, WW011@... wrote:

        > A court commissioner or traffic referee has the authority to exercise
        > the
        > same powers and duties as a judge with respect to traffic infractions.
        > (See
        > Government Code sections 72190, 72401(c): In re Kathy P. (1979) 25
        > Cal.3rd91,98,157
        > Cal.Rprt. 874: Branson v. Martin (1997) 56 Cal.App.4th 300,305,65
        > Cal.Rprt.2nd 401: People v. Lucas (1978) 82 Cal.App.3d 47-48, 147
        > Cal.Rprt. 235.)

        But to agree to be prosecuted under the infraction procedures is a
        waiver of rights to have all of the protections of a trial by jury and
        to have a judge as in a misdemeanor case. One who desires to have all
        of his rights must claim them and not acquiesce by his silence.

        > The Notice to appear may be filed in place of a formal, verified
        > complaint
        > even if the defendant pleads not guilty and the case proceeds to
        > trial. (People
        > v. Barron (1995) 37 Cal.App.4th Supp. 1,3-5,44 Cal.Rprt.2nd 348 . See
        > also
        > Heldt v. Municipal Court (1985) 164 CAl.App.3d 532, 537-539, 209
        > Cal.Rptr. 579
        > (notice to appear also constitutes valid complaint under penal Code
        > section
        > 853.9).))

        Yes, it does, because 853.9 is for people who waive their rights, and
        no others. Would you like to read it together?

        CALIFORNIA CODES
        PENAL CODE
        SECTION 853.9

        853.9. (a) Whenever written notice to appear has been prepared,
        delivered, and filed by an officer or the prosecuting attorney with
        the court pursuant to the provisions of Section 853.6 of this code,
        an exact and legible duplicate copy of the notice when filed with the
        magistrate, in lieu of a verified complaint, shall constitute a
        complaint to which the defendant may plead "guilty" or "nolo
        contendere."

        [FF sez: an NTA is a generally called a "traffic ticket" and those who
        will waive rights will sign them.]

        If, however, the defendant violates his or her promise to appear
        in court, or does not deposit lawful bail,

        [FF sez: Both a promise to appear and Bail grant jurisdiction. It
        waives a probable cause hearing.]

        or pleads other than
        "guilty" or "nolo contendere" to the offense charged, a complaint
        shall be filed which shall conform to the provisions of this code and
        which shall be deemed to be an original complaint; and thereafter
        proceedings shall be had as provided by law,

        [FF sez: because up until now they have been had as provided by rights
        waivers...]

        except that a defendant
        may, by an agreement in writing, subscribed by him or her and filed
        with the court, waive the filing of a verified complaint and elect
        that the prosecution may proceed upon a written notice to appear.

        [FF sez: Can it be any clearer? To accept a traffic ticket is to
        waive rights!]

        (b) Notwithstanding the provisions of subdivision (a) of this
        section, whenever the written notice to appear has been prepared on a
        form approved by the Judicial Council,

        [FF sez: My county's residents are so compliant, they used
        non-approved forms for years after being warned, because the people
        would accept them, and they had boxes and boxes full to get rid of.
        Still, anyone who pointed this out had their case dismissed.]

        an exact and legible
        duplicate copy of the notice when filed with the magistrate shall
        constitute a complaint to which the defendant may enter a plea and,

        [FF sez: Defendants who waive rights may plead to a piece of toilet
        paper for all we know...let's try them on it!]

        if the notice to appear is verified, upon which a warrant may be
        issued. If the notice to appear is not verified, the defendant may,
        at the time of arraignment, request that a verified complaint be
        filed.

        [FF sez: "Ohhhh...you want a REAL arraignment..."]
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