BILL ANALYSIS                                                                                                                                                                                                    Ó






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                                   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  








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            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  







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            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  







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            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  







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            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,  







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            Wilk, Williams, Wood, Atkins
          NO VOTE RECORDED:  Chávez, Grove

          Prepared by:Benjamin Palmer / JUD. / (916) 651-4113
          8/18/15 16:54:22


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