BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 1028| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: AB 1028 Author: Bonta (D) Amended: 5/13/15 in Assembly Vote: 21 SENATE JUDICIARY COMMITTEE: 6-0, 7/7/15 AYES: Jackson, Moorlach, Hertzberg, Leno, Monning, Wieckowski NO VOTE RECORDED: Anderson SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8 ASSEMBLY FLOOR: 78-0, 6/2/15 (Consent) - See last page for vote SUBJECT: Judicial officers: oaths and affirmations SOURCE: Author DIGEST: This bill permits a former judge or justice who is retired by the Supreme Court for disability to administer oaths and affirmations, if certified by the Commission on Judicial Performance (CJP). This bill also permits 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. ANALYSIS: Existing law: 1)Provides that every executive and judicial officer and every AB 1028 Page 2 Member of the Legislature may administer and certify oaths. 2)Provides that every court, every judge, or clerk of any court, every justice, and every notary public, and every 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. 3)Provides that a former judge or justice of a court in this state who retired or resigned from office, other than a judge who was retired by the Supreme Court for disability, may administer oaths or affirmations, if the judge or justice requests and receives a certification from the CJP that there was no formal disciplinary proceeding pending at the time of retirement or resignation. This bill: 1)Provides that a former judge or justice of a court in this state who retired or resigned from office shall have the power to administer oaths and affirmations, if both of the following conditions are met: (a) the former judge or justice requests and receives a certification from the CJP; and (b) a formal disciplinary proceeding was not pending at the time of the retirement or resignation. 2)Provides that a former judge or justice of a court of record in this state who retired or resigned from office may apply to the CJP to receive a certification to administer oaths and affirmations, and, requires the CJP to supply the required forms to an applicant upon request. 3)Requires a certification application to be accompanied by a medical certification, and, if an applicant's medical certification indicates that the applicant does not have a medical condition that would impair his or her ability to administer oaths and affirmations, would require the CJP to issue a certification to the applicant to administer oaths and affirmations. A certification is valid for a period of five years from the date of issuance, as specified. 4)Provides that, if an applicant's medical certification indicates that the applicant has a medical condition that may impair his or her ability to administer oaths and AB 1028 Page 3 affirmations, but does not do so at the time the medical certification is submitted with the application, the CJP must issue a certification to administer oaths and affirmation, but the certification shall only be valid for a period of two years from the date of issuance. 5)Provides that a former judge or justice of a court of record who received a certification from the CJP before January 1, 2016, to administer oaths and affirmations may continue to exercise this power until January 1, 2017, at which time he or she shall reapply for certification. 6)Allows the CJP to charge a regulatory fee not to exceed $15 for each submitted certification application to cover its costs, including costs to review the medical certification. 7)Provides that a law, rule, or regulation regarding the confidentiality of proceedings of the CJP shall not be construed to prohibit the CJP from issuing a certificate. Background Under existing law, every court, judge, justice, and clerk has the power to administer oaths or affirmations. With respect to former judges or justices of a court who have retired from office, those individuals can administer oaths or affirmation if the former judge or justice requests, and, the CJP certifies that there was no formal disciplinary proceeding pending at the time of retirement or resignation. In that case, the CJP is required to issue the certification. However, existing law does not allow a judge or justice who was retired by the Supreme Court for disability to similarly be certified to administer oaths or affirmations. As there are different ways in which a judge or justice may retire for disability, the Attorney General's December 20, 2012, opinion No. 10-804 concludes: [A] judge who has voluntarily retired for disability with the approval of the Commission on Judicial Performance and the Chief Justice of the California Supreme Court may not be certified to administer oaths under Code of Civil Procedure section 2093(c) and Government Code section 1225. However, pursuant to a separate statutory scheme, a judge who has AB 1028 Page 4 voluntarily retired for disability, but who is later found by the Commission on Judicial Performance to be capable of judicial service and is assigned to a court by the Chair of the Judicial Council, may administer oaths while sitting on assignment. In order to provide greater flexibility for retired judges and justices to administer oaths and affirmations, this bill allows all retired judges and justices to administer oaths (including those who retired for disability), if the judge or justice submits an application for certification and a medical certification, as specified. Comments As stated by the author: In the 70's and 80's there was abuse of the judges' disability retirement system. Two particular cases led to a backlash in the Legislature. An L.A. judge lost re-election based on his reputation as an absentee judge. Before his term expired, he retired on disability and collected a pension. Another judge convicted of a crime of moral turpitude retired for disability and collected his pension while in prison. These cases led the Legislature to revoke benefits and privileges entitled to judges retired by disability. [] In 1986, SB 1789 (Davis) allowed retired judges to administer oaths and affirmations but excluded judges retired from disability. The bill was sourced from former judges who wished to continue to administer oaths and affirmations. [] Proposition 190 was passed by the voters in 1994, approving more than a dozen significant changes to the commission. In addition to mandating open hearings in all cases involving formal charges, the amendment conferred the authority for censure and removal determinations upon the commission, rather than the Supreme Court, and transferred the authority for promulgating rules governing the [CJP] from the Judicial Council to the [CJP]. The membership of the [CJP] was increased to eleven members and its composition changed to three judges, two lawyers and six citizens. [] The changes made to oversight of judges by Proposition 190, as AB 1028 Page 5 well as earlier ballot initiatives, made the earlier action by the Legislature to revoke the entitlements of judges retired by disability unnecessary. In 1999 Senator Perata and the Judicial Council cooperated on SB 976 which restored some of these benefits and privileges. However, the bill did not allow former judges retired from disability to administer oaths and affirmations. This bill would permit a former judge or justice who is retired by the Supreme Court for disability to administer oaths and affirmations, if certified by the [CJP]. FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: No SUPPORT: (Verified8/18/15) California Judges Association OPPOSITION: (Verified8/18/15) None received ASSEMBLY FLOOR: 78-0, 6/2/15 AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, AB 1028 Page 6 Wilk, Williams, Wood, Atkins NO VOTE RECORDED: Chávez, Grove Prepared by:Benjamin Palmer / JUD. / (916) 651-4113 8/18/15 16:54:22 **** END ****