BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1028


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          Date of Hearing:  May 27, 2015


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


          AB  
          1028 (Bonta) - As Amended May 13, 2015


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          Urgency:  No  State Mandated Local Program:  NoReimbursable:  No


          SUMMARY:


          This bill repeals provisions of state law that prevent certain  
          retired judges from administering oaths and affirmations, and  
          establishes a new Commission on Judicial Performance process for  
          certification of retired judges who wish to administer oaths and  








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          affirmations.  Specifically, this bill:  


          1)Allows all qualified retired judges, including those retired  
            based on disability, to administer oaths and affirmations  
            after receiving certification from the Commission. 


          2)Establishes a certification process, administered by the  
            Commission, which includes an evaluation from a retired  
            judge's physician to demonstrate that the retired judge can  
            perform the duties required to administer oaths and  
            affirmations.  A five-year certification is issued if there is  
            no medical condition that hampers the judge's ability to  
            perform his or her duties to administer oaths and  
            affirmations.  If the medical certification indicates that the  
            retired judge does have a medical condition, but it does not  
            presently hamper the judge's ability to perform the required  
            duties, a two-year certification is issued.


          3)Authorizes the Commission to charge a fee of up $15 to cover  
            administrative costs for the above.


          FISCAL EFFECT:


          Costs to the Commission should be minor and would be covered by  
          the authorized certification fee.


          COMMENTS:


          1)Background. An oath is a promise that a statement or  
            information being given is true, and usually invokes the name  
            of something or someone sacred.  An affirmation is an  
            attestation that a statement given is the truth, without the  








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            invocation.  Oaths and affirmations are used when someone is  
            providing testimony, or when swearing in a witness or taking a  
            deposition.  For an oath to be official, the oath must be  
            administered by a person who has the legal right to give and  
            affirm the oath.  Those who are legally authorized to  
            administer oaths and affirmations in California include a  
            court, judge, clerk of the court, court reporter, notary  
            public, and any officer or person authorized to take testimony  
            in an action or proceeding. While many persons who are  
            authorized to administer oaths and affirmations are monitored  
            by, or under the supervision of, their employers or a  
            regulating body, retired judges who administer oaths and  
            affirmations are not under any supervision.


            The Commission is responsible for monitoring active judges.   
            It investigates judicial misconduct and incapacity of active  
            judges.  Under current law, once a judge retires, he or she is  
            no longer considered to be an employee of the courts and is no  
            longer under the purview of the Commission.  To administer  
            oaths and affirmations during retirement, the judge simply  
            must apply for and receive a certification from the  
            Commission, which only certifies that, at the time of  
            retirement, there were no formal disciplinary actions pending  
            against the judge. It does not certify that the retired judge  
            is or has been evaluated and found fit to administer oaths or  
            affirmations.  


            Once a judge receives certification from the Commission, there  
            are no additional requirements and that judge may continue to  
            administer oaths and affirmations for as long as he or she  
            desires.  The practice is different for a judge who retired  
            based on disability.  Current law prohibits the Commission  
            from providing a certification to a judge who retired due to  
            disability.  However, since certification by the Commission is  
            required in order for a retired judge to administer oaths and  
            affirmations, judges who retired due to disability may not  
            administer oath and affirmations.








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          2)Purpose. The Commission currently does not have a way to keep  
            track of judges after they retire.  A retired judge can  
            receive a certification from the Commission to administer  
            oaths and affirmations but there is no ongoing evaluation or  
            certification system for retired judges who perform these  
            public duties during their retirement years.  This bill  
            creates a process for certifying judges to continue to perform  
            this service in their local communities, and creates an avenue  
            for the recertification of judges to ensure that they continue  
            to have mental and physical ability to perform those  
            functions.   


          Analysis Prepared by:Chuck Nicol / APPR. / (916)  
          319-2081