California Legislature—2015–16 Regular Session

Assembly Bill No. 1028

Introduced by Assembly Member Bonta

February 26, 2015

An act to amend Section 2093 of the Code of Civil Procedure, and to amend Section 1225 of the Government Code, relating to judicial officers.

LEGISLATIVE COUNSEL’S DIGEST

AB 1028, as introduced, Bonta. Judicial officers: oaths and affirmations.

Under existing law, a judicial officer, among others, may administer oaths or affirmations. Existing law also authorizes a former judge or justice of a court of record in this state who retired or resigned from office, other than a judge or justice who was retired by the Supreme Court for disability, to administer oaths and affirmations, as specified.

This bill would remove the provision preventing a former judge or justice who was retired by the Supreme Court for disability from administering oaths and affirmations.

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 2093 of the Code of Civil Procedure is
amended to read:

2093.  

(a)  begin delete Every end delete begin insert A end insert court, begin delete every end delete judge begin delete , end delete or clerk of any court,
begin delete every end delete justice, begin delete and every end delete notary public, and begin delete every end delete officer or person
authorized to take testimony in any action or proceeding, or to
decide upon evidence, has the power to administer oaths or
affirmations.

(b) (1)  begin delete Every end delete begin insert A end insert shorthand reporter certified pursuant to Article
3 (commencing with Section 8020) of Chapter 13 of Division 3
of the Business and Professions Code has the power to administer
oaths or affirmations and may perform the duties of the deposition
officer pursuant to Chapter 9 (commencing with Section 2025.010)
of Title 4. The certified shorthand reporter shall be entitled to
receive fees for services rendered during a deposition, including
fees for deposition services, as specified in subdivision (c) of
Section 8211 of the Government Code.

(2) This subdivision shall also apply to depositions taken by
telephone or other remote electronic means as specified in Chapter
2 (commencing with Section begin delete 2017.010), Chapter 3 (commencing
with Section 2017.710), end delete begin insert 2017.010) end insert and Chapter 9 (commencing
with Section 2025.010) of Title 4.

(c)  begin insert (1) end insert begin insert   end insert A former judge or justice of a court of record in this
state who retired or resigned from begin delete office, other than a judge or
justice who was retired by the Supreme Court for disability, end delete begin insert office end insert
shall have the power to administer oaths or affirmations, if the
former judge or justice requests and receives a certification from
the Commission on Judicial Performance that there was no formal
disciplinary proceeding pending at the time of retirement or
resignation. begin delete Where no end delete

begin insert (2) end insert begin insert   end insert begin insert If a end insert formal disciplinary proceeding was begin insert not end insert pending at the
time of retirement or resignation, the Commission on Judicial
Performance shall issue the certification.

begin delete

No

end delete

begin insert (3) end insert begin insert   end insert begin insert A end insert rule, or regulation regarding the confidentiality of
proceedings of the Commission on Judicial Performance shall begin insert not end insert
be construed to prohibit the Commission on Judicial Performance
from issuing a certificate as provided for in this section.

SEC. 2.  

Section 1225 of the Government Code is amended to
read:

1225.  

begin delete Every end delete begin insert (a) end insert begin insert   end insert begin insert An end insert executive begin delete and end delete begin insert officer, a end insert judicial officer begin insert , end insert
and begin delete every end delete begin insert a end insert Member of the Legislature may administer and certify
oaths.

begin delete

A

end delete

begin insert (b) end insert begin insert   end insert begin insert (1) end insert begin insert   end insert begin insert A end insert former judge of a court of record in this state who
retired or resigned from begin delete office, other than a judge who was retired
by the Supreme Court for disability, end delete begin insert office end insert shall be deemed a
judicial officer for purposes of this section, if the former judge
requests and receives a certification from the Commission on
Judicial Performance that there was no formal disciplinary
proceeding pending at the time of retirement or resignation. begin delete Where
no end delete

begin insert (2) end insert begin insert   end insert begin insert If a end insert formal disciplinary proceeding was begin insert not end insert pending at the
time of retirement or resignation, the Commission on Judicial
Performance shall issue the certification. begin delete No end delete

begin insert (c) end insert begin insert   end insert begin insert A end insert law, rule, or regulation regarding the confidentiality of
proceedings of the Commission on Judicial Performance shall begin insert not end insert
be construed to prohibit the Commission on Judicial Performance
from issuing a certificate as provided for in this section.