In Re Frye

Petitioner, released on his own recognizance at the direction of this court pending these proceedings, is in the constructive custody of the Sheriff of Riverside County pursuant to an order of contempt of court for failure to make ordered child support payments issued by Carver Honn, Commissioner of the Riverside County Superior Court, purportedly acting as a temporary judge. On allegations the order of contempt was invalid on numerous grounds petitioner sought habeas corpus. We treated petitioner’s application as a petition for certiorari and issued the writ and an order to show cause. No return or other response to the order to show cause has been filed, and the matter is now before us for disposition, We conclude the order of contempt is void.

Section 21 of article VI of the California Constitution provides: “On stipulation of the parties litigant the court may order a cause to be tried by a temporary judge who is a member of the State Bar, sworn and empowered to act until final determination of the cause.”

The verified petition alleges and an accompanying declaration of petitioner’s trial attorney avers, both without contradiction, that although Commissioner Honn…