BILL NUMBER: AB 2729	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 1, 2004

INTRODUCED BY   Assembly Member Leno

                        FEBRUARY 20, 2004

   An act to amend  Section 68750   Sections
68750 and 68753  of the Government Code, relating to the
Commission on Judicial Performance.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2729, as amended, Leno.  Commission on Judicial Performance.
   Existing law specifies the authority of the Commission on Judicial
Performance to conduct investigations and formal proceedings,
including, the power to administer oaths, order the inspection of
books and records,  and  compel the attendance of
witnesses and the production of testimony  , and order the taking
of a deposition  .
   This bill would additionally authorize the commission to take
testimony  , and would require an order for the taking of a
deposition to issue only upon a showing by the party requesting the
deposition that the proposed deponent is a material witness and there
is good cause for taking the deposition  .
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  no.
State-mandated local program:  no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 68750 of the Government Code is amended to
read:
   68750.  (a) In the conduct of investigations and formal
proceedings, the commission or the masters may do any of the
following:
   (1) Administer oaths.
   (2) Take testimony.
   (3) Order and otherwise provide for the inspection of books and
records.
   (4) Issue subpoenas for the attendance of witnesses and the
production of papers, books, accounts, documents and testimony
relevant to any such investigation or formal proceeding.
   (b) The power to administer oaths, to issue subpoenas, or to make
orders for or concerning the inspection of books and records may be
exercised by a member of the commission or a master, unless the
commission shall otherwise determine.   
  SEC. 2.  Section 68753 of the Government Code is amended to read:

   68753.  In any pending investigation or formal proceeding, the
commission or the masters may order the deposition of a person
residing within or without the state to be taken in  such
  the  form and subject to  such 
 any  limitations as may be prescribed in the order. 
The order shall issue upon a showing by the party requesting the
deposition that the proposed deponent is a material witness and there
is good cause for taking the deposition.   If the judge and
counsel for the commission do not stipulate as to the manner of
taking the deposition, either the judge or counsel may file in the
superior court a petition entitled "In the Matter of Proceeding of
Commission on Judicial Performance No.  ________ (state number)," and
stating generally, without identifying the judge, the nature of the
pending matter, the name and residence of the person whose testimony
is desired, and, directions, if any, of the commission or masters,
asking that an order be made requiring that person to appear and
testify before a designated officer.  Upon the filing of the
petition, the court may make an order requiring that person to appear
and testify.  A subpoena for the deposition shall be issued by the
clerk and the deposition shall be taken and returned, in the manner
prescribed by law for depositions in civil actions.  If the
deposition is that of a person residing or present within this state,
the petition shall be filed in the superior court of the county in
which the person resides or is present; otherwise in the superior
court of any county in which the commission maintains an office.