BILL NUMBER: AB 2729	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 11, 2004
	AMENDED IN ASSEMBLY  APRIL 1, 2004

INTRODUCED BY   Assembly Member Leno

                        FEBRUARY 20, 2004

   An act to amend 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, 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
 in a formal proceeding  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   the  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.   (a)  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 the
form and subject to any limitations as may be prescribed in the
order.  The   In any formal proceeding, 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.

   (b) The Legislature hereby encourages the Commission on Judicial
Performance to adopt rules pursuant to this section and Section
68750.
   (c) The provisions of this section are severable.  If any
provision of this section or its application is held invalid, that
invalidity does not affect other provisions or applications that can
be given effect without the invalid provision or application.