Today's Law As Amended

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AB-1028 Judicial officers: oaths and affirmations.(2015-2016)



SECTION 1.

 Section 2093 of the Code of Civil Procedure is amended to read:

2093.
 (a) A court, judge or clerk of a any  court, justice, notary public, and officer or person authorized to take testimony in an any  action or proceeding, or to decide upon evidence, has the power to administer oaths and affirmations.
(b) (1) A shorthand reporter certified pursuant to Article 3 (commencing with Section 8020) of Chapter 13 of Division 3 of the Business and Professions Code has the power to administer oaths and affirmations and may perform the duties of the deposition officer pursuant to Chapter 9 (commencing with Section 2025.010) of Title 4. The certified shorthand reporter is  shall be  entitled to receive fees for services rendered during a deposition, including fees for deposition services, as specified in subdivision (c) of Section 8211 of the Government Code.
(2) This subdivision shall  also applies apply  to depositions taken by telephone or other remote electronic means as specified in Chapter 2 (commencing with Section 2017.010) and Chapter 9 (commencing with Section 2025.010) of Title 4.
(c) (1) A former judge or justice of a court of record in the this  state who retired or resigned from office may  shall have the power to  administer oaths and affirmations, if the former judge or justice requests and receives a certification from the Commission on Judicial Performance pursuant to paragraph (2). both of the following conditions are met:  
(2) (A)  The Commission on Judicial Performance shall issue a certification enabling a  former judge or justice to administer oaths and affirmations if the following conditions are satisfied: requests and receives a certification from the Commission on Judicial Performance pursuant to paragraph (2). 
(A) (B)  The former judge or justice was not removed from office; was not censured and barred from receiving an assignment, appointment, or reference of work from any California state court; did not retire or resign from office with an agreement with the commission that the former judge or justice would not receive an assignment, appointment or reference of work from any California state court; and, at the time of the former judge or justice’s retirement, resignation, or request for certification, a  A  formal disciplinary proceeding was not pending or was resolved on the merits in the judge or justice’s favor after his or her retirement or resignation and before the request for certification. at the time of the retirement or resignation. 
(B) (2)  (A)  A medical certification provided to the commission by the  former judge or justice pursuant to paragraph (3) establishes one of the following: of a court of record in this state who retired or resigned from office may apply to the commission to receive a certification to administer oaths and affirmations. The commission shall supply the required forms to an applicant upon request. 
(B)  (i) The former judge or justice  A certification application shall be accompanied by a medical certification. 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 or affirmations. and affirmations, the commission shall issue a certification to the applicant to administer oaths and affirmations. Except as provided in clause (ii), a certification issued pursuant to this paragraph shall be valid for a period of five years from the date of issuance. 
(ii) The former judge or justice has a medical condition that may impair his or her ability to administer oaths and affirmations, but the condition does not impair his or her ability at the present time.
(3) The Commission on Judicial Performance may require an applicant to obtain a medical certification in order to receive or renew a certification to administer oaths and affirmations if, at the time of resignation or retirement, there is evidence in a disability application file or in a disciplinary investigation file of possible cognitive impairment affecting the judge or justice, or if the former judge or justice previously received a two-year certification to administer oaths and affirmations from the commission. The commission shall supply the required forms to an applicant upon request.
(4) (ii)  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 affirmations, but the condition  does not impair his or her ability  do so  at the time the medical certification is submitted with the application, the Commission on Judicial Performance  commission  shall issue a certification to administer oaths and affirmations pursuant to paragraph (2),  affirmations,  but the certification is shall  only be  valid for a period of two years from the date of issuance.
(5) (3)  Notwithstanding paragraph (1), a former judge or justice of a court of record who received a certification from the commission before January 1, 2016,  to administer oaths and affirmations from the Commission on Judicial Performance prior to January 1, 2018,  may continue to administer oaths and affirmations until the expiration of the certification,  exercise this power until January 1, 2017,  at which time he or she may shall  reapply for certification pursuant to paragraph (2).
(6) (4)  The Commission on Judicial Performance  commission  may charge a regulatory fee not to exceed fifteen dollars ($15) for each certification application submitted pursuant to this subdivision to cover its costs, including costs to review a the  medical certification.
 (d) A rule rule,  or regulation regarding the confidentiality of proceedings of the Commission on Judicial Performance does not commission shall not be construed to  prohibit the commission from issuing a certificate as provided for in this section.
(e) The administration of an oath or affirmation pursuant to this section without pay does not violate Section 75060.6 of the Government Code.

SEC. 2.

 Section 1225 of the Government Code is amended to read:

1225.
 (a) An executive officer, a judicial officer, and a Member of the Legislature may administer and certify oaths.
(b) (1)  A former judge of a court of record in this state who retired or resigned from office shall be deemed a judicial officer for purposes of this section, if he or she satisfies the conditions set forth in is  subdivision (c) of Section 2093 of the Code of Civil Procedure.
(c) A law, rule, or regulation regarding the confidentiality of proceedings of the Commission on Judicial Performance shall not be construed to prohibit the commission from issuing a certificate as provided for in this section.