Also known as: referees · master · arbitrator
Written by attorneys · grounded in primary & secondary sources — see below
An official appointed to assist a judge or the parties by taking testimony, gathering evidence, or making findings in a proceeding and reporting back.
Robert Rivera, a sitting state judge, receives a request from former litigants to serve as referee in a contract dispute outside his court. The parties offer compensation for his time reviewing evidence and issuing findings. Rivera declines because the assignment falls outside his official duties and lacks express statutory authorization.
Rebecca Ross previously served as referee in a commercial arbitration between Ridgeway Partners and a supplier. After leaving that role, Ross seeks to represent the supplier in related litigation. The supplier withholds informed written consent, so Ross withdraws to avoid violating the personal and substantial participation rule.
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Renee Rogers, appointed referee by a federal court, receives detailed instructions from the judge on how to conduct hearings and prepare findings. Riverstone Manufacturing objects that Rogers operates independently. The court holds that Rogers qualifies as a servant because the judge controls the physical conduct of the referee's work.
Rosa Ruiz donates to a judicial candidate's campaign shortly before asking the newly elected judge to appoint her as referee in a pending case. The contribution is made to obtain the engagement. Ruiz's firm later discloses the timing, triggering scrutiny under the political contribution rule.
Rina Rahman serves as referee in a complex accounting reference. The appointing judge dictates the exact procedures Rahman must follow and reviews all interim orders. Riverfront Developments argues Rahman is an independent contractor, but the court finds servant status because the judge retains the right to control Rahman's physical conduct of the reference.
Rita Russell, a lawyer, agrees to serve as referee helping two non-clients resolve a boundary dispute through evidence review and a recommended award. Russell informs the unrepresented parties she represents neither side. The parties reach a binding resolution after Russell clarifies her neutral role.
A referee assists the court by taking testimony, gathering evidence, or making findings and then reports those findings back to the judge. The judge may adopt the referee's report as the court's own findings. This role appears in both state and federal practice when a matter requires specialized fact-finding.
A judge may not act as a referee or perform other judicial functions apart from official duties unless expressly authorized by law. The prohibition prevents judges from using their office for private gain or creating conflicts with their public role. Parties seeking a neutral must therefore look to retired judges or other qualified individuals.
A lawyer who participated personally and substantially as a referee in a matter may not later represent anyone in connection with that same matter without informed consent confirmed in writing from all parties. The rule protects the integrity of the adjudicative process by preventing side-switching. Disqualification extends to the lawyer's firm unless screening procedures are followed.
A referee appointed by a judge and subject to the judge's control over the physical conduct of the reference qualifies as a servant rather than an independent contractor. The judge's right to direct procedures and review interim work establishes the master-servant relationship. This classification affects vicarious liability and scope-of-employment questions.
…decrees in these cases;" "(b) if so, what specific issues should the decrees reach;" "(c) should this Court appoint a special master to hear evidence with a view to recommending specific terms for such decrees;" "(d) should this Court remand to the courts of first instance with directions to frame decrees in these cases…