AB 2101, as introduced, Gordon. Sanctions: jurors.
Existing law authorizes a judicial officer to impose reasonable money sanctions, not to exceed $1,500, payable to the court, for any violation of a lawful court order by a person, done without good cause or substantial justification. For purposes of this provision, the term “person” includes a witness, a party, or a party’s attorney.
This bill would provide that the term “person” also includes a juror. The bill would make other technical, nonsubstantive changes.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 177.5 of the Code of Civil Procedure is
2amended to read:
begin insert(a)end insertbegin insert end insertA judicial officer shall have the power to impose
4reasonable money sanctions, not to exceed fifteen hundred dollars
5($1,500), notwithstanding any other provision of law, payable to
6the court, for any violation of a lawful court order by a person,
7done without good cause or substantial justification. This power
8shall not apply to advocacy of counsel before the court. For the
P2 1purposes of this section, the term “person” includes a witness,begin insert a
2juror,end insert a party,begin insert
orend insert a party’sbegin delete attorney, or both.end deletebegin insert attorney.end insert
3 Sanctions
end delete
4begin insert(b)end insertbegin insert end insertbegin insertSanctions shall not be imposedend insert pursuant to this sectionbegin delete shall except on notice contained in a party’s moving or
5not be imposedend delete
6respondingbegin delete papers;end deletebegin insert
papers,end insert or on the court’s own motion, after
7notice and opportunity to be heard. An order imposing sanctions
8shall be in writing and shall recite in detail the conduct or
9circumstances justifying the order.
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