CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 3363Introduced by Committee on Judiciary (Assembly Members Mark Stone (Chair), Gallagher (Vice Chair), Chau, Chiu, Gonzalez, Kalra, Kiley, Maienschein, Obernolte, and Reyes)March 05, 2020 An act to amend Sections 68701.5, 68703, 68704, 68752, 68754, and 68756 of, and to add Section 68701.1 to, the Government Code, relating to courts. LEGISLATIVE COUNSEL'S DIGESTAB 3363, as introduced, Committee on Judiciary. Commission on Judicial Performance.The California Constitution establishes the Commission on Judicial Performance and authorizes the commission to disqualify, suspend, retire, or censure a judge for specified acts of misconduct or for disability that seriously interferes with the performance of the judges duties or that is, or is likely to become, permanent. The California Constitution requires the commission to make rules for the investigation of judges and authorizes the commission to provide for the confidentiality of complaints to, and investigations by, the commission. Existing statutory law also governs procedures for the conduct of these investigations.This bill would specifically require the commission to take all reasonable steps to determine the existence or extent of alleged judicial misconduct 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 bill would also make technical, nonsubstantive changes to use gender-neutral language.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 68701.1 is added to the Government Code, to read:68701.1. 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 shall take all reasonable steps to determine the existence or extent of alleged judicial misconduct.SEC. 2. Section 68701.5 of the Government Code is amended to read:68701.5. Notwithstanding Section 68701, the Commission on Judicial Performance may 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 shall have the power to order a retired judges senior judge status terminated for incapacity or any failure to carry out the duties of the office, but in no instance shall the salary together with any Judges Retirement Law allowance paid for service or disability in any year exceed 100 percent of the current salary of the judges office from which he or she the retired judge retired.SEC. 3. Section 68703 of the Government Code is amended to read:68703. Each member of the commission and each master shall be allowed his their necessary expenses for travel, board, and lodging incurred in the performance of his their duties.SEC. 4. Section 68704 of the Government Code is amended to read:68704. No act of the commission shall be valid unless concurred in by a majority of its members. The commission shall select one of its members to serve as chairman. chairperson.SEC. 5. Section 68752 of the Government Code is amended to read: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 the 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 the person to appear before it at a specified time and place and then and there show cause why he the person has not attended or testified or produced the writings or things as required. A copy of the order shall be served upon him. the person. If it appears to the court that the subpoena was regularly issued, the court shall order such the 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 the person shall be dealt with as for contempt of court.SEC. 6. Section 68754 of the Government Code is amended to read:68754. Each witness, other than an officer or employee of the State state or a political subdivision or an officer or employee of a court of this State, the state, shall receive for his their 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.SEC. 7. Section 68756 of the Government Code is amended to read: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 commissions 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 commissions 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 commissions investigation or disciplinary proceedings, unless he or she the judge, former judge, or subordinate judicial officer 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 commissions investigation or disciplinary proceedings related to the requested information.
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 3363Introduced by Committee on Judiciary (Assembly Members Mark Stone (Chair), Gallagher (Vice Chair), Chau, Chiu, Gonzalez, Kalra, Kiley, Maienschein, Obernolte, and Reyes)March 05, 2020 An act to amend Sections 68701.5, 68703, 68704, 68752, 68754, and 68756 of, and to add Section 68701.1 to, the Government Code, relating to courts. LEGISLATIVE COUNSEL'S DIGESTAB 3363, as introduced, Committee on Judiciary. Commission on Judicial Performance.The California Constitution establishes the Commission on Judicial Performance and authorizes the commission to disqualify, suspend, retire, or censure a judge for specified acts of misconduct or for disability that seriously interferes with the performance of the judges duties or that is, or is likely to become, permanent. The California Constitution requires the commission to make rules for the investigation of judges and authorizes the commission to provide for the confidentiality of complaints to, and investigations by, the commission. Existing statutory law also governs procedures for the conduct of these investigations.This bill would specifically require the commission to take all reasonable steps to determine the existence or extent of alleged judicial misconduct 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 bill would also make technical, nonsubstantive changes to use gender-neutral language.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
Assembly Bill
No. 3363
Introduced by Committee on Judiciary (Assembly Members Mark Stone (Chair), Gallagher (Vice Chair), Chau, Chiu, Gonzalez, Kalra, Kiley, Maienschein, Obernolte, and Reyes)March 05, 2020
Introduced by Committee on Judiciary (Assembly Members Mark Stone (Chair), Gallagher (Vice Chair), Chau, Chiu, Gonzalez, Kalra, Kiley, Maienschein, Obernolte, and Reyes)
March 05, 2020
An act to amend Sections 68701.5, 68703, 68704, 68752, 68754, and 68756 of, and to add Section 68701.1 to, the Government Code, relating to courts.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 3363, as introduced, Committee on Judiciary. Commission on Judicial Performance.
The California Constitution establishes the Commission on Judicial Performance and authorizes the commission to disqualify, suspend, retire, or censure a judge for specified acts of misconduct or for disability that seriously interferes with the performance of the judges duties or that is, or is likely to become, permanent. The California Constitution requires the commission to make rules for the investigation of judges and authorizes the commission to provide for the confidentiality of complaints to, and investigations by, the commission. Existing statutory law also governs procedures for the conduct of these investigations.This bill would specifically require the commission to take all reasonable steps to determine the existence or extent of alleged judicial misconduct 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 bill would also make technical, nonsubstantive changes to use gender-neutral language.
The California Constitution establishes the Commission on Judicial Performance and authorizes the commission to disqualify, suspend, retire, or censure a judge for specified acts of misconduct or for disability that seriously interferes with the performance of the judges duties or that is, or is likely to become, permanent. The California Constitution requires the commission to make rules for the investigation of judges and authorizes the commission to provide for the confidentiality of complaints to, and investigations by, the commission. Existing statutory law also governs procedures for the conduct of these investigations.
This bill would specifically require the commission to take all reasonable steps to determine the existence or extent of alleged judicial misconduct 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 bill would also make technical, nonsubstantive changes to use gender-neutral language.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 68701.1 is added to the Government Code, to read:68701.1. 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 shall take all reasonable steps to determine the existence or extent of alleged judicial misconduct.SEC. 2. Section 68701.5 of the Government Code is amended to read:68701.5. Notwithstanding Section 68701, the Commission on Judicial Performance may 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 shall have the power to order a retired judges senior judge status terminated for incapacity or any failure to carry out the duties of the office, but in no instance shall the salary together with any Judges Retirement Law allowance paid for service or disability in any year exceed 100 percent of the current salary of the judges office from which he or she the retired judge retired.SEC. 3. Section 68703 of the Government Code is amended to read:68703. Each member of the commission and each master shall be allowed his their necessary expenses for travel, board, and lodging incurred in the performance of his their duties.SEC. 4. Section 68704 of the Government Code is amended to read:68704. No act of the commission shall be valid unless concurred in by a majority of its members. The commission shall select one of its members to serve as chairman. chairperson.SEC. 5. Section 68752 of the Government Code is amended to read: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 the 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 the person to appear before it at a specified time and place and then and there show cause why he the person has not attended or testified or produced the writings or things as required. A copy of the order shall be served upon him. the person. If it appears to the court that the subpoena was regularly issued, the court shall order such the 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 the person shall be dealt with as for contempt of court.SEC. 6. Section 68754 of the Government Code is amended to read:68754. Each witness, other than an officer or employee of the State state or a political subdivision or an officer or employee of a court of this State, the state, shall receive for his their 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.SEC. 7. Section 68756 of the Government Code is amended to read: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 commissions 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 commissions 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 commissions investigation or disciplinary proceedings, unless he or she the judge, former judge, or subordinate judicial officer 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 commissions investigation or disciplinary proceedings related to the requested information.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 68701.1 is added to the Government Code, to read:68701.1. 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 shall take all reasonable steps to determine the existence or extent of alleged judicial misconduct.
SECTION 1. Section 68701.1 is added to the Government Code, to read:
### SECTION 1.
68701.1. 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 shall take all reasonable steps to determine the existence or extent of alleged judicial misconduct.
68701.1. 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 shall take all reasonable steps to determine the existence or extent of alleged judicial misconduct.
68701.1. 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 shall take all reasonable steps to determine the existence or extent of alleged judicial misconduct.
68701.1. 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 shall take all reasonable steps to determine the existence or extent of alleged judicial misconduct.
SEC. 2. Section 68701.5 of the Government Code is amended to read:68701.5. Notwithstanding Section 68701, the Commission on Judicial Performance may 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 shall have the power to order a retired judges senior judge status terminated for incapacity or any failure to carry out the duties of the office, but in no instance shall the salary together with any Judges Retirement Law allowance paid for service or disability in any year exceed 100 percent of the current salary of the judges office from which he or she the retired judge retired.
SEC. 2. Section 68701.5 of the Government Code is amended to read:
### SEC. 2.
68701.5. Notwithstanding Section 68701, the Commission on Judicial Performance may 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 shall have the power to order a retired judges senior judge status terminated for incapacity or any failure to carry out the duties of the office, but in no instance shall the salary together with any Judges Retirement Law allowance paid for service or disability in any year exceed 100 percent of the current salary of the judges office from which he or she the retired judge retired.
68701.5. Notwithstanding Section 68701, the Commission on Judicial Performance may 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 shall have the power to order a retired judges senior judge status terminated for incapacity or any failure to carry out the duties of the office, but in no instance shall the salary together with any Judges Retirement Law allowance paid for service or disability in any year exceed 100 percent of the current salary of the judges office from which he or she the retired judge retired.
68701.5. Notwithstanding Section 68701, the Commission on Judicial Performance may 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 shall have the power to order a retired judges senior judge status terminated for incapacity or any failure to carry out the duties of the office, but in no instance shall the salary together with any Judges Retirement Law allowance paid for service or disability in any year exceed 100 percent of the current salary of the judges office from which he or she the retired judge retired.
68701.5. Notwithstanding Section 68701, the Commission on Judicial Performance may 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 shall have the power to order a retired judges senior judge status terminated for incapacity or any failure to carry out the duties of the office, but in no instance shall the salary together with any Judges Retirement Law allowance paid for service or disability in any year exceed 100 percent of the current salary of the judges office from which he or she the retired judge retired.
SEC. 3. Section 68703 of the Government Code is amended to read:68703. Each member of the commission and each master shall be allowed his their necessary expenses for travel, board, and lodging incurred in the performance of his their duties.
SEC. 3. Section 68703 of the Government Code is amended to read:
### SEC. 3.
68703. Each member of the commission and each master shall be allowed his their necessary expenses for travel, board, and lodging incurred in the performance of his their duties.
68703. Each member of the commission and each master shall be allowed his their necessary expenses for travel, board, and lodging incurred in the performance of his their duties.
68703. Each member of the commission and each master shall be allowed his their necessary expenses for travel, board, and lodging incurred in the performance of his their duties.
68703. Each member of the commission and each master shall be allowed his their necessary expenses for travel, board, and lodging incurred in the performance of his their duties.
SEC. 4. Section 68704 of the Government Code is amended to read:68704. No act of the commission shall be valid unless concurred in by a majority of its members. The commission shall select one of its members to serve as chairman. chairperson.
SEC. 4. Section 68704 of the Government Code is amended to read:
### SEC. 4.
68704. No act of the commission shall be valid unless concurred in by a majority of its members. The commission shall select one of its members to serve as chairman. chairperson.
68704. No act of the commission shall be valid unless concurred in by a majority of its members. The commission shall select one of its members to serve as chairman. chairperson.
68704. No act of the commission shall be valid unless concurred in by a majority of its members. The commission shall select one of its members to serve as chairman. chairperson.
68704. No act of the commission shall be valid unless concurred in by a majority of its members. The commission shall select one of its members to serve as chairman. chairperson.
SEC. 5. Section 68752 of the Government Code is amended to read: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 the 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 the person to appear before it at a specified time and place and then and there show cause why he the person has not attended or testified or produced the writings or things as required. A copy of the order shall be served upon him. the person. If it appears to the court that the subpoena was regularly issued, the court shall order such the 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 the person shall be dealt with as for contempt of court.
SEC. 5. Section 68752 of the Government Code is amended to read:
### SEC. 5.
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 the 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 the person to appear before it at a specified time and place and then and there show cause why he the person has not attended or testified or produced the writings or things as required. A copy of the order shall be served upon him. the person. If it appears to the court that the subpoena was regularly issued, the court shall order such the 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 the person shall be dealt with as for contempt of court.
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 the 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 the person to appear before it at a specified time and place and then and there show cause why he the person has not attended or testified or produced the writings or things as required. A copy of the order shall be served upon him. the person. If it appears to the court that the subpoena was regularly issued, the court shall order such the 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 the person shall be dealt with as for contempt of court.
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 the 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 the person to appear before it at a specified time and place and then and there show cause why he the person has not attended or testified or produced the writings or things as required. A copy of the order shall be served upon him. the person. If it appears to the court that the subpoena was regularly issued, the court shall order such the 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 the person shall be dealt with as for contempt of court.
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 the 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 the person to appear before it at a specified time and place and then and there show cause why he the person has not attended or testified or produced the writings or things as required. A copy of the order shall be served upon him. the person. If it appears to the court that the subpoena was regularly issued, the court shall order such the 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 the person shall be dealt with as for contempt of court.
SEC. 6. Section 68754 of the Government Code is amended to read:68754. Each witness, other than an officer or employee of the State state or a political subdivision or an officer or employee of a court of this State, the state, shall receive for his their 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.
SEC. 6. Section 68754 of the Government Code is amended to read:
### SEC. 6.
68754. Each witness, other than an officer or employee of the State state or a political subdivision or an officer or employee of a court of this State, the state, shall receive for his their 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.
68754. Each witness, other than an officer or employee of the State state or a political subdivision or an officer or employee of a court of this State, the state, shall receive for his their 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.
68754. Each witness, other than an officer or employee of the State state or a political subdivision or an officer or employee of a court of this State, the state, shall receive for his their 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.
68754. Each witness, other than an officer or employee of the State state or a political subdivision or an officer or employee of a court of this State, the state, shall receive for his their 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.
SEC. 7. Section 68756 of the Government Code is amended to read: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 commissions 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 commissions 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 commissions investigation or disciplinary proceedings, unless he or she the judge, former judge, or subordinate judicial officer 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 commissions investigation or disciplinary proceedings related to the requested information.
SEC. 7. Section 68756 of the Government Code is amended to read:
### SEC. 7.
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 commissions 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 commissions 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 commissions investigation or disciplinary proceedings, unless he or she the judge, former judge, or subordinate judicial officer 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 commissions investigation or disciplinary proceedings related to the requested information.
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 commissions 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 commissions 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 commissions investigation or disciplinary proceedings, unless he or she the judge, former judge, or subordinate judicial officer 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 commissions investigation or disciplinary proceedings related to the requested information.
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 commissions 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 commissions 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 commissions investigation or disciplinary proceedings, unless he or she the judge, former judge, or subordinate judicial officer 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 commissions investigation or disciplinary proceedings related to the requested information.
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 commissions 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 commissions 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 commissions investigation or disciplinary proceedings, unless he or she the judge, former judge, or subordinate judicial officer 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 commissions investigation or disciplinary proceedings related to the requested information.