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AB-740 Oaths and affirmations.(2017-2018)

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Date Published: 03/06/2017 09:00 PM
AB740:v98#DOCUMENT

Amended  IN  Assembly  March 06, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 740


Introduced by Assembly Member Reyes

February 15, 2017


An act to amend Section 2093 of the Code of Civil Procedure, relating to oaths and affirmations.


LEGISLATIVE COUNSEL'S DIGEST


AB 740, as amended, Reyes. Oaths and affirmations.
Under existing law, a judge or justice, among others, may administer oaths or affirmations. Existing law also authorizes a former judge or justice of a court of record in this state who retired or resigned from office to administer oaths and affirmations if the former judge or justice requests and receives a certification from the Commission on Judicial Performance, and if a formal disciplinary proceeding was not pending at the time of his or her retirement or resignation. Existing law requires that an application for a certification include a medical certification establishing that he or she does not have a medical condition that could impair the applicant’s ability to administer oaths and affirmations, as specified.
This bill would remove the requirements relating to medical certification. instead require the Commission on Judicial Performance to issue a certification enabling a former judge or justice to administer oaths and affirmations if a formal disciplinary proceeding was not pending at the time of the former judge or justice’s retirement or resignation and the former judge or justice’s application for retirement disability, if any, does not evidence that the former judge or justice had a cognitive impairment at the time of the application.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

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

2093.
 (a) A court, judge or clerk of a court, justice, notary public, and officer or person authorized to take testimony in an 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 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 also applies 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 state who retired or resigned from office, other than a judge who retired or resigned pending a formal disciplinary proceeding, office may administer oaths and affirmations, if the former judge or justice requests and receives a certification from the Commission on Judicial Performance that a formal disciplinary proceeding was not pending at the time of the retirement or resignation. pursuant to paragraph (2).
(2) The Commission on Judicial Performance shall issue a certification enabling a former judge or justice to administer oaths and affirmations if both of the following conditions are satisfied:
(A) A formal disciplinary proceeding was not pending at the time of the former judge or justice’s retirement or resignation.
(B) If the judge or justice retired for disability, information submitted with the judge or justice’s retirement application does not evidence that he or she had a cognitive impairment at the time of application.
(d) A rule or regulation regarding the confidentiality of proceedings of the Commission on Judicial Performance does not prohibit the commission from issuing a certificate as provided for in this section.