Commission on Judicial Performance Investigations and Hearings

Section 68750 provides that, 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.

Section 68751 specifies that, 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.

Section 68752 states that, if any person refuses to attend or testify or produce any writings or things required by any subpoena, the commission or the masters may petition the superior court for the county in which the hearing is pending for an order compelling the person to attend and testify or produce the writings or things required by the subpoena before the commission or the masters.

Section 68753 allows the commission or masters, in any pending investigation or formal proceeding, to order the deposition of a person residing within or without the state to be taken in the form and subject to 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.

Section 68754 provides that each witness, other than an officer or employee of the state or a political subdivision or an officer or employee of a court of the state, must receive for their attendance the same fees and all witnesses receive the same mileage allowed by law to a witness in civil cases.

Section 68755 says that no award of costs is to be made in any proceeding before the commission, masters, or Supreme Court.

Section 68756 requires the commission to 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 within the commission’s jurisdiction.

In addition, 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, the commission or judicial officer must petition the court that granted access to the records or another court that has jurisdiction, for authorization to disclose.