Barfield

Pursuant to a “stipulation” executed by counsel for plaintiff, the default hearing on the complaint of real party in interest for a divorce was held by Commissioner John Leslie Goddard, purportedly sitting as a judge pro tempore of respondent court. The only issue before the court is the validity of Commissioner Goddard's designation as such judge pro tempore. If he was validly designated, the decree rendered by him is also valid and should stand; if he was not validly so designated, the decree is void and should be vacated. It is admitted that Commissioner Goddard is a member of the bar, that he was duly appointed as a commissioner of respondent court, that he had been appointed by the presiding judge of respondent court to act as a judge pro tempore in all matters assigned to him by any of the judges of the court, that he had been assigned to hear the Barfield divorce by the judge presiding in the department to which that case had been assigned for hearing, and that he had taken an oath of office to act as judge pro tempore.

The determination of this case turns on the meaning of two sections of the Constitution of this state and of two subsections of section 259a of the Code of…