SECTIONS 68750-68756 - California Statutes

GOVERNMENT CODE

SECTION 68750-68756

68750. In the conduct of investigations and formal proceedings, the
commission or the masters may (a) administer oaths; (b) order and
otherwise provide for the inspection of books and records; and (c)
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.
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.

68751. In any investigation or formal proceeding in any part of the
State, the process extends to all parts of the State. A person is
not obliged to attend as a witness in any investigation or proceeding
under this chapter unless the person is a resident within the state
at the time of service.

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

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 form and
subject to such limitations as may be prescribed in the order. 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.

68754. Each witness, other than an officer or employee of the State
or a political subdivision or an officer or employee of a court of
this State, shall receive for his attendance the same fees and all
witnesses shall receive the same mileage allowed by law to a witness
in civil cases. The amounts shall be paid by the commission from
funds appropriated for the use of the commission.

68755. No award of costs shall be made in any proceeding before the
commission, masters, or Supreme Court.

68756. (a) Notwithstanding any other provision of law, the
commission shall be given access, on an ex parte basis, to all
nonpublic records of court proceedings, including confidential sealed
records and transcripts, relevant to the performance of any judge,
former judge, or subordinate judicial officer (hereafter,
collectively, judicial officer) within the commission's jurisdiction
under Sections 18 and 18.1 of Article VI of the Constitution. The
commission shall make a written request to the court in which the
proceedings occurred. The court shall file the request under seal.
Access to the requested records shall be provided within 15 days of
the written request.
(b) (1) If the commission or the judicial officer who is the
subject of the commission's investigation or proceeding intends to
publicly disclose any nonpublic records or information obtained
pursuant to subdivision (a), the commission or judicial officer shall
petition the court that granted access to the records or another
court that has jurisdiction, for authorization to disclose. The
petition, filed under seal, shall identify the records or information
to be disclosed and the reason for disclosure. To the extent that it
does not unduly lessen the evidentiary value of the records or
otherwise defeat the purpose of disclosure, the petitioner shall
redact from the records names and other identifying information.
(2) The court shall grant the petition if it determines that there
is good cause for disclosure. The court may issue protective orders,
including further redaction of names or other identifying
information, to the extent that they do not unduly lessen the
evidentiary value of the records or otherwise defeat the purpose of
disclosure. Within 15 days after the filing of a petition, the court
may order the petitioner to give notice of the intended disclosure to
any person who may be adversely affected by the disclosure. Any
person who has been provided notice pursuant to this section may,
within 20 days of service of the notice, file an objection to the
intended disclosure with the court and serve the objection on the
petitioner.
(3) The court shall grant or deny the petition in whole or in
part, stating its reasons therefore, within 15 days of a timely
objection, or the expiration of time for filing an objection if no
objection is filed, or within 15 days of the filing of the petition
for which no notice is required.
(c) Access to, and disclosure of, records under this section shall
not be limited by any court order sealing those records.
(d) Persons entitled to file an objection to the intended
disclosure shall not include the judge, former judge, or subordinate
judicial officer who is the subject of the commission's investigation
or disciplinary proceedings, unless he or she was a party or parent,
guardian, or conservator of a party in the underlying action. A
request or petition filed under this section shall not be considered
or ruled on by a judicial officer who is the subject of the
commission's investigation or disciplinary proceedings related to the
requested information.