California v. BerchAnnotate this Case
Defendant Brandon Berch objected to having a commissioner preside over his preliminary and final parole revocation hearings. His objection was overruled. The commissioner revoked defendant’s parole and committed him to 120 days in jail. The Court of Appeal found revoking parole and committing a defendant to jail for violation of parole were not subordinate judicial duties that could be performed by a commissioner in the absence of a stipulation by the parties. Because defendant did not stipulate to the commissioner revoking his parole and committing him to jail, the postjudgment order was reversed.