core judicial functions, upon persons other than article VIII judges. III. DE FACTO AUTHORITY However, because the circuit court to which the commissioner was assigned had jurisdiction to decide this matter, we must address Commissioner Peuler’s authority to hear this case as a “judge de facto” of the third circuit court. A judge de facto is defined as: One who holds and exercises the office of a judge under color of lawful authority and by a title valid on its face, though he has not full right to the office, as where he was appointed under an unconstitutional statute, or by an usurper of the appointing power, or has not taken the oath of office. Black’s Law Dictionary 841 (6th ed. 1990); see also State ex rel. Farmer v. Edmonds Mun. Court, 27 Wash.App. 762, 621 P.2d 171, 175 (1980) (<HOLDING>); accord O’Neill v. O’Neill, 420 So.2d 261, 263
recognizing that a prosecutors office is an entity and that information in the possession of one attorney in the office must be attributed to the office as a whole holding that an employee had a legitimate expectation of privacy in his office even though the papers seized from the office were not the property of the employee holding that a municipal ordinance that contravenes state law as here is invalid for that reason alone recognizing a nonresident who receives the most votes for elected office does not hold the office but not discussing the de facto officer doctrine holding that when a judicial office is created by legislative act or municipal ordinance  the office is regarded as a de facto office until the act or ordinance is declared invalid