In Old Republic Ins. Co. v. St. Paul Fire & Marine Ins. Co. (1996) 45 Cal.App.4th 631, the Court had occasion to decide whether a retired appellate court justice who presided over a "hybrid" form of alternative dispute resolution served as a contractual or judicial arbitrator, a general reference referee, or a temporary judge. In ruling out temporary judge, we focused on the fact the retired jurist did not take an oath of office and did not render a judgment. (Id. at pp. 636-637.) The Court concluded the retired jurist "cannot have acted as a constitutionally authorized temporary judge" because his decision had to "be confirmed as a judgment by the assigned judge." (Id. at p. 637.)