Amended in Assembly May 13, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 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 amended, 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 oathsbegin delete andend deletebegin insert orend insert affirmations,begin delete as specifiedend deletebegin insert if certified by the Commission on Judicial Performanceend insert.

This bill wouldbegin delete remove the provision preventingend deletebegin insert permitend insert a former judge or justice whobegin delete wasend deletebegin insert isend insert retired by the Supreme Court for disabilitybegin delete from administeringend deletebegin insert to administerend insert oaths andbegin delete affirmations.end deletebegin insert affirmations, if certified by the Commission on Judicial Performance. This bill would require all former judges and justices to submit a medical certification in conjunction with their application for certification to administer oaths and affirmations, and it would require the commission to issue a certification to administer oaths and affirmations, valid for five years from the date of issuance, to the applicant if his or her medical certification indicated that he or she did not have a medical condition that would impair his or her ability to administer oaths and affirmations. If the applicant’s medical certification indicated that he or she had a medical condition that could impair his or her ability to administer oaths and affirmations, but did not do so at the time of the medical certification’s submission, the bill would require the commission to issue a certification to administer oaths and affirmations valid for only two years. This bill would also permit former judges and justices certified before January 1, 2016 to continue to administer oaths and affirmations until January 1, 2017, before needing to reapply for certification pursuant to these provisions.end insert

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

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

P2    1

SECTION 1.  

Section 2093 of the Code of Civil Procedure is
2amended to read:

3

2093.  

(a) A court, judge or clerk of any court, justice, notary
4public, and officer or person authorized to take testimony in any
5action or proceeding, or to decide upon evidence, has the power
6to administer oathsbegin delete orend deletebegin insert andend insert affirmations.

7(b) (1) A shorthand reporter certified pursuant to Article 3
8(commencing with Section 8020) of Chapter 13 of Division 3 of
9the Business and Professions Code has the power to administer
10oathsbegin delete orend deletebegin insert andend insert affirmations and may perform the duties of the
11deposition officer pursuant to Chapter 9 (commencing with Section
122025.010) of Title 4. The certified shorthand reporter shall be
13entitled to receive fees for services rendered during a deposition,
14including fees for deposition services, as specified in subdivision
15(c) of Section 8211 of the Government Code.

16(2) This subdivision shall also apply to depositions taken by
17telephone or other remote electronic means as specified in Chapter
182 (commencing with Section 2017.010) and Chapter 9
19(commencing with Section 2025.010) of Title 4.

20(c) (1) A former judge or justice of a court of record in this
21state who retired or resigned from office shall have the power to
22administer oathsbegin delete orend deletebegin insert andend insert affirmations, ifbegin delete theend deletebegin insert both of the following
23conditions are met: end insert

24begin insert(A)end insertbegin insertend insertbegin insertTheend insert former judge or justice requests and receives a
25certification from the Commission on Judicial Performancebegin delete that
P3    1there was no formal disciplinary proceeding pending at the time
2of retirement or resignation.end delete
begin insert pursuant to paragraph (2).end insert

begin delete

3(2)

end delete

4begin insert(B)end insertbegin deleteIf a end deletebegin insertA end insertformal disciplinary proceeding was not pending at
5the time ofbegin insert theend insert retirement or resignationbegin delete, the Commission on
6Judicial Performance shall issue the certificationend delete
.

begin insert

7(2) (A) A former judge or justice of a court of record in this
8state who retired or resigned from office may apply to the
9commission to receive a certification to administer oaths and
10affirmations. The commission shall supply the required forms to
11an applicant upon request.

end insert
begin insert

12(B) (i) A certification application shall be accompanied by a
13medical certification. If an applicant’s medical certification
14indicates that the applicant does not have a medical condition that
15would impair his or her ability to administer oaths and
16affirmations, the commission shall issue a certification to the
17applicant to administer oaths and affirmations. Except as provided
18in clause (ii), a certification issued pursuant to this paragraph
19shall be valid for a period of five years from the date of issuance.

end insert
begin insert

20(ii) If an applicant’s medical certification indicates that the
21applicant has a medical condition that may impair his or her ability
22to administer oaths and affirmations, but does not do so at the
23time the medical certification is submitted with the application,
24the commission shall issue a certification to administer oaths and
25affirmations, but the certification shall only be valid for a period
26of two years from the date of issuance.

end insert
begin insert

27(3) Notwithstanding paragraph (1), a former judge or justice
28of a court of record who received a certification from the
29commission before January 1, 2016, to administer oaths and
30 affirmations may continue to exercise this power until January 1,
312017, at which time he or she shall reapply for certification
32pursuant to paragraph (2).

end insert
begin insert

33(4) The commission may charge a regulatory fee not to exceed
34fifteen dollars ($15) for each certification application submitted
35pursuant to this subdivision to cover its costs, including costs to
36review the medical certification.

end insert
begin delete

37 (3)

end delete

38begin insert (d)end insert A rule, or regulation regarding the confidentiality of
39proceedings of thebegin delete Commission on Judicial Performanceend delete
40begin insert commissionend insert shall not be construed to prohibit thebegin delete Commission on
P4    1Judicial Performanceend delete
begin insert commissionend insert from issuing a certificate as
2provided for in this section.

3

SEC. 2.  

Section 1225 of the Government Code is amended to
4read:

5

1225.  

(a) An executive officer, a judicial officer, and a Member
6of the Legislature may administer and certify oaths.

7(b) (1) A former judge of a court of record in this state who
8retired or resigned from office shall be deemed a judicial officer
9for purposes of this section, ifbegin delete the former judge requests and
10receives a certification from the Commission on Judicial
11Performance that there was no formal disciplinary proceeding
12pending at the time of retirement or resignation.end delete
begin insert he or she satisfies
13the conditions set forth is subdivision (c) of Section 2093 of the
14Code of Civil Procedure.end insert

begin delete

15(2) If a formal disciplinary proceeding was not pending at the
16time of retirement or resignation, the Commission on Judicial
17Performance shall issue the certification.

end delete

18(c) A law, rule, or regulation regarding the confidentiality of
19proceedings of the Commission on Judicial Performance shall not
20be construed to prohibit thebegin delete Commission on Judicial Performanceend delete
21begin insert commissionend insert from issuing a certificate as provided for in this
22section.



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