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AB-1111 Courts: subpoenas.(2013-2014)

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CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

Assembly Bill
No. 1111


Introduced by Assembly Member Wieckowski

February 22, 2013


An act to amend Section 68752 of the Government Code, relating to courts.


LEGISLATIVE COUNSEL'S DIGEST


AB 1111, as introduced, Wieckowski. Courts: subpoenas.
The California Constitution establishes the Commission on Judicial Performance and the Judicial Council. Existing law authorizes the commission to investigate the conduct or performance of any retired judge serving on senior judge status pursuant to rules adopted by the Judicial Council. In the course of an investigation described above, the commission or special masters appointed by the Supreme Court may, among other things, issue subpoenas for the attendance of witnesses and the production of relevant materials and testimony, as specified. Existing law provides that if a person refuses to comply with the subpoena, the commission or the masters may petition a superior court, as specified, for an order compelling the person to attend or testify or to produce the writings or things required by the subpoena. Existing law provides that if the person fails to obey the order, that person shall be punishable for contempt of court.
This bill would make technical, nonsubstantive changes to these provisions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 68752 of the Government Code is amended to read:

68752.
 If any a person refuses to attend or testify or produce any writings or things required by any such a subpoena described in Section 67850, the commission or the masters may petition the superior court for the county in which the hearing is pending for an order compelling such that person to attend and or testify or produce the writings or things required by the subpoena before the commission or the masters. The court shall order such the person to appear before it at a specified time and place and then and there show cause why he or she has not attended or testified or produced the writings or things as required. A copy of the order shall be served upon him or her. If it appears to the court that the subpoena was regularly issued, the court shall order such the person to appear before the commission or the masters at the time and place fixed in the order and testify or produce the required writings or things. Upon failure to obey the order, such that person shall be dealt with as punishable for contempt of court.