California Legislature—2013–14 Regular Session

Assembly Bill No. 1111

Introduced by Assembly Member Wieckowski

February 22, 2013

An act to amend Section 68752 of the Government Code, relating to courts.

LEGISLATIVE COUNSEL’S DIGEST

AB 1111, as introduced, Wieckowski. Courts: subpoenas.

The California Constitution establishes the Commission on Judicial Performance and the Judicial Council. Existing law authorizes the commission to investigate the conduct or performance of any retired judge serving on senior judge status pursuant to rules adopted by the Judicial Council. In the course of an investigation described above, the commission or special masters appointed by the Supreme Court may, among other things, issue subpoenas for the attendance of witnesses and the production of relevant materials and testimony, as specified. Existing law provides that if a person refuses to comply with the subpoena, the commission or the masters may petition a superior court, as specified, for an order compelling the person to attend or testify or to produce the writings or things required by the subpoena. Existing law provides that if the person fails to obey the order, that person shall be punishable for contempt of court.

This bill would make technical, nonsubstantive changes to these provisions.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 68752 of the Government Code is
amended to read:

68752.  

If begin delete any end delete begin insert a end insert person refuses to attend or testify or produce
any writings or things required by begin delete any such end delete begin insert a end insert subpoena begin insert described
in Section 67850 end insert , the commission or the masters may petition the
superior court for the county in which the hearing is pending for
an order compelling begin delete such end delete begin insert that end insert person to attend begin delete and end delete begin insert or end insert testify or
produce the writings or things required by the subpoena before the
commission or the masters. The court shall order begin delete such end delete begin insert the end insert person
to appear before it at a specified time and place and then and there
show cause why he begin insert or she end insert has not attended or testified or produced
the writings or things as required. A copy of the order shall be
served upon him begin insert or her end insert . If it appears to the court that the subpoena
was regularly issued, the court shall order begin delete such end delete begin insert the end insert person to appear
before the commission or the masters at the time and place fixed
in the order and testify or produce the required writings or things.
Upon failure to obey the order, begin delete such end delete begin insert that end insert person shall be begin delete dealt with
as end delete begin insert punishable end insert for contempt of court.