In Re Courtney H.

Today we are asked to determine whether the superior court commissioner in a juvenile delinquency matter has authority to commit a minor to the California Youth Authority (CYA) without a written stipulation of the parties litigant or, in the alternative, whether by their conduct the parties could be held to have impliedly consented to the commissioner sitting as a temporary judge. Applying the tantamount stipulation doctrine, we conclude that the commissioner did not act in excess of her authority in adjudicating this case and, therefore, we affirm the judgment.

I. Factual and Procedural Background

The San Mateo County District Attorney filed a petition on October 17, 1994, against appellant pursuant to Welfare and Institutions Code section 602, alleging that the minor (1) possessed marijuana while in juvenile hall; and (2) escaped from juvenile court custody. The San Francisco District Attorney filed another petition while appellant was at large, alleging: (1) attempted grand theft of a firearm; (2) assault on a peace officer; (3) resisting arrest; and (4) giving a false name to a peace officer. After appellant admitted counts three and four, the San Francisco District…