(Concurring). Acknowledging that this case arises by reason of a certified question, I concur with the majority opinion in its conclusion. It is regrettable that this question is not of greater dimension. It is clear to me that the question of lay judges participating in decisions of law occurring in either civil or criminal trials is a violation of the *527Due Process Clause and constitutionally prohibited. Gordon v. Justice Court, 12 Cal.3d 323, 525 P.2d 72, 115 Cal. Rptr. 632 (1974); cert. denied, 420 U.S. 938, 95 S.Ct. 1148, 43 L.Ed.2d 415 (1975); North v. Russell, 427 U.S. 328, 96 S.Ct. 2709, 49 L.Ed.2d 534, 542 (1976) (Stewart and Marshall, JJ., dissenting).