6.19 Hearing Officers
6.19 Hearing Officers aetrahan Wed, 06/28/2023 - 14:42The Hearing Officer statute originally provided for Hearing Officers to facilitate calculations for the court in support matters. As a result of changes to the statute and by local rule, Hearing Officers can now play a greater role in all family law matters. They now may hear “divorce and issues ancillary to divorce proceedings, all child-related issues such as paternity, filiation, custody, visitation and support in non-marital cases; all protective orders . . .; and enforcement of orders in any of these matters, including contempt of court.”1 They may also “administer oaths, compel the attendance of witnesses, order blood and tissue tests for the determination of paternity,” “issue bench warrants for failure to respond to summons,” “take testimony,” and “fine and punish direct contempt of court.”2
The process is simple. Hearing Officers make recommendations to the court in just about all family law matters.3 Attorneys must be very careful to ensure that any recommendations are based on competent evidence (sworn testimony, affidavits, etc.). Specifically, the Hearing Officer’s findings of facts and recommendations must include (1) a statement of what has been plead; (2) the officer’s findings of fact; (3) the officer’s findings of law based on the pleadings and facts; and (4) a proposed judgment resolving the claims made.4
Clients must participate in the process or, at the very least, approve any stipulations to resolve the issues. The impetus is on you and your client to give the information to the Hearing Officer. Failure to do so may allow a court to dismiss or delay your Hearing Officer conference (check your local rules). Do not hesitate to appeal the “recommendations” by filing an objection within the delays allowed by your local rule. If you fail to do so, the recommendations become a final judgment.5