Referee: Quasijudicial Officer Appointed by a Court

A referee is a quasijudicial officer appointed by a court for specific purposes, vested with the powers and duties to take testimony, determine issues of fact, and report findings to be used as a basis for court judgment.

A referee is a quasijudicial officer appointed by a court for a specific purpose. The court delegates to the referee the power and duty to take testimony, determine issues of fact, and report their findings to the court. These findings then serve as a basis for the court’s judgment.

Roles and Responsibilities

Testimony Taking

A referee is authorized to take testimony from witnesses, just as a judge would during a trial.

Fact Determination

The referee’s role includes analyzing the evidence presented to determine factual issues.

Reporting Findings

After taking testimony and determining the facts, the referee reports their findings to the court. These findings assist the judge in making the final legal judgment.

Types of Referees

Special Referees

Appointed for a specific issue or case, often involving technical or complex matters requiring specialized knowledge.

General Referees

Appointed to assist with a wider range of issues or a series of cases, especially where a backlog exists in court proceedings.

Special Considerations

Authority Limitations

Referees operate under the authority and limitations set by the court. They cannot make final legal judgments but their reports significantly influence the court’s decisions.

Conflict of Interest

Ensuring that referees have no conflicts of interest is crucial to maintaining the impartiality and fairness of their findings and reports.

Examples

• Family Law Cases: Referees may be appointed to handle custody evaluations and other sensitive family law matters.
• Complex Financial Disputes: Courts may appoint a financial expert as a referee to unravel complicated financial issues in corporate lawsuits.

Historical Context

The role of the referee dates back to early English common law, where courts assigned individuals with expertise or local knowledge to assist in various judicial processes. Over time, the position has evolved, with referees now playing a pivotal role in modern judicial systems worldwide.

Applicability

Referees are crucial in contemporary legal systems, particularly where specialized knowledge is required, or to manage caseloads efficiently by assisting judges.

Comparisons with Related Terms

Commissioner

Like a referee, a commissioner may be appointed by the court to perform specific functions. However, commissioners often have broader powers and can conduct entire hearings.

Mediator

Unlike referees who determine facts and report findings, mediators facilitate negotiations and settlements between disputing parties without making binding conclusions.

FAQs

What qualifications are required to be a referee?

Referees often need a background in the law or specific fields relevant to the case. They must also be vetted to ensure impartiality.

How are referees appointed?

Referees are typically appointed by the court when a case requires specialized expertise or to handle specific procedural elements efficiently.

Can parties object to a referee's appointment?

Yes, parties can raise objections, typically concerning potential biases or conflicts of interest.

References

• Black’s Law Dictionary
• Federal Rules of Civil Procedure: Rule 53 (Masters and Referees)
• American Bar Association (ABA) guidelines on judicial appointments

Summary

A referee is a crucial quasijudicial officer appointed by courts to expedite legal proceedings by taking testimony, determining facts, and reporting findings. Their role is essential in handling complex matters requiring specialized knowledge and in assisting the judicial system in managing caseloads efficiently.