What is the Difference between a Judge & 
Commissioner in Utah?

Utah Divorce JudgeUtah Judge
Most court districts in Utah have commissioners assigned to family law cases.  There are so many family law cases and issues the courts found it impossible to keep up, judge's calanders were being overrun by family law cases.  Therefore, the Utah Legislature created the position of court commissioner.  Commissioners hear any issue brought before the court before the case goes to trial.  Motions for Temporary Orders, Orders to Show Cause, Motions for Modification, and most other pleadings/motions are all heard by a commissioner.  

The commissioner technically cannot rule on the issues, but he or she will make recommendations to the judge overseeing the case.  The judge will almost always sign off on the recommendations, and now you have a court order.  Parties can object to a commissioner's recommendations and set a hearing in front of the judge to determine if the recommendations were proper.  The moving party has to prove that the commissioner made a legal or factual mistake.  Ie, he or she did not properly apply the law, or made the recommendation with an incorrect understanding of the relevant facts.  

It is difficult to get a commissioner's recommendations overturned, so generally a commissioners recommendations are accepted as an order from the court. For the most part, the only time you'll see a judge in a family law case is if you file an objection to the commissioner's recommendations, or go to trial on the case. 

Your experienced family law attorney at Pearson Law Firm will help you know when a commissioner's recommendations should be contested and when it is a waste of time.  Call Pearson Law Firm for a free consultation with an experienced Utah divorce attorney,801-888-0991. 
Call for a free consultation today:
801-888-0991
Address:
Pearson Law Firm, PLLC
9192 South 300 West, 
Suite 35
Sandy, Utah 84070