The San Diego County Superior Court (“SDCSC”) website claims that public access to the courts has “generally reverted to pre-pandemic levels.” However, the attorneys who frequent family court are aware that changes that have affected all employers have also been felt by SDCSC. For example, as a result of the pandemic, many employees who worked remotely have continued to do so, and the number of court staff has been reduced.

The pandemic has also affected the wait time for hearings before the court. Within the last 10 years, it was not unusual to have an evidentiary hearing within three months of a request. Today, even with the addition of several judicial officers tasked with presiding over trials and evidentiary hearings, it is more likely to take up to nine months for a longer hearing.

This lack of access should not be a surprise. According to the SDCSC website, for the period from July 1, 2020 to June 30, 2021, there were 10,982 family law cases filed, (an increase of 1,120 cases over the previous year). In San Diego County, there are 21 judges who hear the family law cases and an additional four who hear trials and long cause hearings in family law. That means that each judge is assigned an average of 523 cases per year. When you consider that a single case may have several hearings per year, and that only about 75% of the cases in 2020-21 year statewide were fully resolved, it is easy to see how a complex case could result in delays and resolution could take years.

If the parties have the means, a privately compensated temporary judge (“PCTJ”) (an attorney who is granted the same powers as a superior court judge), may be a better option. Normally a retired judicial officer, as the name suggests, a PCTJ is compensated by the parties, but comes with several built-in advantages. A PCTJ who hears family law matters will almost certainly have had a great deal of experience in family law. In addition, he or she will have more time to focus on challenging issues, and the parties can discuss solutions in a more relaxed environment. The parties can also choose which judge they want to hear their case. But perhaps the two most important advantages are privacy and speed.

Unlike matters in superior court, cases heard by PCTJs are not public and the pleadings submitted remain private. While orders and judgments made by the PCTJ are filed and available to the public, the allegations and details made by the parties may remain private. Finally, a case before a PCTJ can move far more quickly; a temporary judge hears a small fraction of the cases a superior court judge must hear every year.

In addition, if possible, families can resolve their matters through mediation or collaborative divorce.  Parties can hire a retired Judge or an attorney to act as a mediator and not appear in Court.  If parties are successful in mediating or using the collaborative practice outside of Court, an attorney can prepare the agreement and the family can finalize their matter without having to navigate through the Court.

If you must file a family law matter, and you think that a PCTJ, mediation or collaborative divorce may right for you, please contact the Schaffer Family Law Group to set up a consultation to review your options.

This article can also be read in Discover Magazine February 2023 Issue