California Commission on Judicial Performance

Section 68701 defines the term “commission” to mean the Commission on Judicial Performance provided for in Section 8 of Article VI of the Constitution, “masters” means special masters appointed by the Supreme Court pursuant to rules adopted by the Judicial Council, and “judge” means a judge who is the subject of an investigation or proceeding under Section 18 of Article VI of the Constitution.

Section 68701.1 provides that, in order to protect the public, enforce rigorous standards of judicial conduct, and maintain public confidence in the integrity and independence of the judicial system, the commission is required to take all reasonable steps to determine the existence or extent of alleged judicial misconduct.

Section 68701.5 authorizes the Commission on Judicial Performance to investigate the conduct or performance of any retired judge serving on senior judge status pursuant to rules adopted by the Judicial Council. The commission also has the power to order a retired judge’s senior judge status terminated for incapacity or any failure to carry out the duties of the office.

Section 68702 authorizes the commission to employ officers, assistants, and other employees as it deems necessary for the performance of the duties and exercise of the powers conferred upon the commission and upon the masters.

In addition, the commission may arrange experts, witnesses, and others to assist it. The Attorney General is required to act as counsel generally or in any particular investigation or proceeding. The commission may employ special counsel from time to time when it deems such employment necessary.

Section 68703 requires each member of the commission and each master to be allowed their necessary expenses for travel, board, and lodging incurred in the performance of their duties.

Section 68704 states that no act of the commission is valid unless concurred in by a majority of its members. Also, the commission selects one of its members to serve as chairperson.