For public figures, executives, and high-net-worth individuals, divorce proceedings can attract unwanted attention. Court filings become public record, hearings are open to anyone, and sensitive financial details can end up in the press. Private judging offers a powerful alternative — allowing you to resolve your case with the same legal authority as a public courtroom, but behind closed doors.
What Is Private Judging?
California law allows parties to retain a privately compensated temporary judge, typically a retired Superior Court judge, to hear and decide their case. The framework is established by Article VI, section 21 of the California Constitution, Code of Civil Procedure sections 638 and 639, and California Rules of Court rule 2.830 et seq. Under these provisions, parties may stipulate to a temporary judge or to a referee, and that person may conduct trials, hear motions, rule on evidence, and issue decisions with the same force and effect as those of a sitting bench officer. Disclosure of the temporary judge's compensation arrangements is required under California Rules of Court rule 2.834, and conduct of temporary judges is governed by the Code of Judicial Ethics.
The key difference is that private judging proceedings take place outside the public courthouse — in a private office, conference room, or other agreed-upon location. There is no public gallery, no media access, and no court reporters publishing transcripts to public databases.
Why High-Profile Clients Choose Private Judging
Complete Confidentiality. Unlike public court proceedings, private judging keeps the details of your case — financial disclosures, custody arrangements, personal testimony — out of the public eye. For executives whose business dealings could be affected by public disclosure, or public figures whose personal lives attract media scrutiny, this confidentiality is invaluable.
Flexible Scheduling. Public courts operate on crowded calendars. Your hearing might be delayed weeks or months, and when your day arrives, you may share the courtroom with dozens of other cases. Private judges work on your schedule — evenings, weekends, or consecutive full-day sessions to resolve matters efficiently.
Experienced Decision-Makers. Private judges are typically retired Superior Court judges with decades of family law experience. You benefit from a decision-maker who has seen thousands of cases, understands complex financial issues, and can give your matter the focused attention it deserves — without the distractions and time pressures of a public courtroom.
Faster Resolution. Without court backlogs, private judging can resolve cases significantly faster than the public court system. Complex matters that might take years in public court can often be concluded in months through private judging.
How Private Judging Works in California
The process begins when both parties agree — or "stipulate" — to appoint a private judge. The stipulation is filed with the court, and the private judge is formally appointed. From that point forward, the private judge handles all aspects of the case, including temporary orders for support and custody, discovery disputes, settlement conferences, evidentiary hearings and trial, and final judgment.
The private judge's decisions carry the same legal weight as those of a public court judge. Judgments are entered through the Superior Court and are fully enforceable. Either party retains the right to appeal, just as they would in a public proceeding.
In family law cases involving minor children, the court retains supervisory authority over orders affecting custody and visitation. While a temporary judge may hear and decide these issues, the resulting orders are entered through the Superior Court and remain subject to the court's continuing jurisdiction over the welfare of the child.
Cost Considerations
Private judging involves substantial additional expense. Hourly rates for retired Superior Court judges retained through major Los Angeles area ADR providers generally fall within a four-figure range per hour, and the most sought-after neutrals charge more. Parties also bear the cost of meeting facilities, certified court reporters, and the provider's administrative fees. Specific current rates should be confirmed directly with the relevant ADR provider before a neutral is selected. However, for high-net-worth cases, this cost is often offset by faster resolution (reducing overall attorney fees), the ability to schedule hearings efficiently without months of delay, protection of business interests and reputation that could be damaged by public proceedings, and the focused attention of an experienced judge who is not juggling dozens of other cases.
When weighed against the potential financial and reputational costs of a public proceeding, private judging frequently proves to be the more economical choice for high-asset cases.
Is Private Judging Right for Your Case?
Private judging is particularly well-suited for cases involving significant assets or complex financial structures where public disclosure could affect business interests, public figures whose personal matters would attract media attention, families who want to shield their children from the public nature of court proceedings, and parties who value efficiency and want to resolve their case on their own timeline rather than the court's.
It requires both parties to agree to the process, though in practice, most parties recognize the mutual benefits of privacy and efficiency. Your attorney can help negotiate the stipulation and selection of an appropriate private judge.
Conclusion
Private judging offers high-profile and high-net-worth individuals the ability to resolve their family law matters with dignity, discretion, and efficiency. You receive the full authority and enforceability of the court system without sacrificing your privacy. For those who value confidentiality and want their case handled by an experienced, focused decision-maker, private judging represents the gold standard in family law dispute resolution.