M E M O
TO: Joint Procedure Committee
FROM: Gerhard Raedeke
RE: AR 13, Judicial Referees
The Supreme Court has referred a request from the Council of Presiding Judges to the Joint Procedure Committee for review and recommendation. The Council would like AR 13 amended to eliminate the requirement for a judge to review the findings and recommendations of a judicial referee.
Currently, AR 13 requires the findings and recommendations of a referee to be transmitted to a judge for disposition. The judge must confirm, modify, or reject the findings and recommendations of the judicial referee.
In addition, the parties are given written notice of their right to have the findings and recommendations reviewed by a judge. If a party files a request for review, a judge conducts a review of the record.
Under the proposed amendment, instead of making recommendations, the judicial referee will issue an order. A judge will not be required to confirm, modify, or reject the order.
The parties will be given written notice of their right to have the findings and order reviewed by a judge. If a party files a request for review, a judge will still be required to conduct a review of the record.
The revision is intended to save judges time by eliminating the requirement for routine review of a referee's findings.