Supreme Court of California

Code of Civil Procedure section 259(a), which authorizes commissioners to hear and determine ex parte motions for orders and alternative writs and writs of habeas corpus, does authorize commissioners to summarily deny a petition for writ of mandamus or habeas corpus, and that, at least when the petition seeks to enforce a prisoner's rights while in confinement -- but does not seek to collaterally attack the criminal conviction that provides the basis for that confinement -- the summary denial of a writ petition constitutes a subordinate judicial duty properly undertaken by a commissioner within the meaning of article VI, section 22 of the California Constitution.

Appellate Information

• Decided 06/18/2012
• Published 06/18/2012

Judges

• CANTIL-SAKAUYE

Court

• Supreme Court of California

Counsel