Heenan

This appeal arises from an arbitration award issued by a sitting superior court judge who conducted a "binding judicial arbitration" pursuant to stipulation. The dispute involves an ambiguity whether the judge intended to include attorney fees as part of his cost award. No fees were included in the order confirming the arbitration award.

But we are concerned with a more fundamental issue: May a sitting superior court judge conduct a private arbitration subject to confirmation under the California Arbitration Act? The answer clearly is no. Notwithstanding the parties' characterization, the "arbitration" was nothing more than a bench trial, where the judge acted in his capacity (and subject to all his obligations) as a judicial officer. There is nothing to be confirmed except this bedrock principle: Public judges must engage in public judging.

In July 1998, plaintiffs Robert and Mary Heenan hired defendant Mansour Sobati to act as a general contractor to remodel their Seal Beach home.

The job was a nightmare. After a year, the Heenans fired Sobati and sued him in contract and tort. He cross-complained for some $100,000 in unpaid contractor's fees.

In mid-August…