Abstract
For many free-market enthusiasts, it is axiomatic that whatever government can do, businesses can do better. Especially during the 1980s, privatization was the watchword for those frustrated by the supposed high cost and inefficiency of governmentprovided services.' Many states have, in fact, turned to the private sector to provide such essential public services as garbage pickup2 and prisons.3 In California, even the state courts have succumbed to privatization. Private judging--or rent-a-judging-has expanded over the past decade in California into a multimillion-dollar industry.4 Unlike arbitrators or mediators, rent-a-judges are officially part of the state court system, and their judgments have the same effect as judgments of any other state court. Superficially, a rent-a-judge differs from his public court colleagues in only one respect: the source of his paycheck.'
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