2005 California Government Code Sections 68750-68755 Article 3. Investigations and Hearings

GOVERNMENT CODE
SECTION 68750-68755

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.


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