Lucas

These three appeals were transferred from the Appellate Department of the Los Angeles Superior Court to this court pursuant to rule 62, California Rules of Court, for the purpose of settling an important question of law, that is, the constitutionality of Government Code section 72190, insofar as it authorizes a court commissioner to exercise the powers of a judge with respect to a traffic infraction case. We have concluded the section is a valid exercise of the power given to the Legislature by article VI, section 22 of the California Constitution.

Each of these cases arose from the issuance of a citation for a traffic infraction. In two cases the citations were for speeding (Veh. Code, § 22350) and in the other case for failure to stop at a stop sign (Veh. Code, § 22450). Each case was tried before a commissioner appointed by *49 the Beverly Hills Municipal Court. Each defendant pleaded not guilty, was tried, and found guilty by the court. Each appealed. None of the briefs on appeal raised any legally arguable ground for reversal. The appellate department, noting that the record did not show that any of these three defendants had consented to a trial before a…

I dissent.

The majority upholds as constitutional and not a violation of article VI, section 22 of the California Constitution that portion of Government *57 Code section 72190 which provides: “At the direction of the judges, commissioners may have the same jurisdiction and exercise the same powers and duties as the judges of the court with respect to any infraction.” I disagree. It is my view that section 72190 of the Government Code is unconstitutional insofar as it authorizes a commissioner to adjudicate “infraction” cases. It violates article VI, section 22 of the California Constitution which limits the Legislature’s power to authorize the appointment of commissioners and referees for the performance of “subordinate judicial duties.” I consider the adjudication of “infraction” cases as involving the exercise of full judicial power and not the exercise of subordinate judicial duties.

The majority advances a number of reasons for its holding. I find all of these reasons to be totally lacking in support in either logic, experience, or authority.

The majority considers it significant that traffic infractions comprise the least serious of the offenses defined in the Vehicle…

(1), (2) These three appeals were transferred from the Appellate Department of the Los Angeles Superior Court to this court pursuant to rule 62, California Rules of Court, for the purpose of settling an important question of law, that is, the constitutionality of Government Code section 72190, insofar as it authorizes a court commissioner to exercise the powers of a judge with respect to a traffic infraction case. We have concluded the section is a valid exercise of the power given to the Legislature by article VI, section 22 of the California Constitution.

Each of these cases arose from the issuance of a citation for a traffic infraction. In two cases the citations were for speeding (Veh. Code, § 22350) and in the other case for failure to stop at a stop sign (Veh. Code, § 22450). Each case was tried before a commissioner appointed by the Beverly Hills Municipal Court. Each defendant pleaded not guilty, was tried, and found guilty by the court. Each appealed. None of the briefs on appeal raised any legally arguable ground for reversal. The appellate department, noting that the record did not show that any of these three defendants had consented to a trial…