Page 3
Commission on Judicial Performance Seeks Public Input on Proposed Rule Changes
By a MetNews Staff Writer
The Commission on Judicial Performance on Friday announced proposed amendments to governing rules, seeking public comment.
As part of this year’s biennial review of its rules, the commission is requesting input on suggested changes to rules 121(f) governing remote testimony, 122(l) dealing with confidentiality of discovery, and the definition of “filing” in 138(i).
Rule 121(f) was passed on a two-year interim basis in February and the changes would provide clarity regarding the procedures for taking witness testimony remotely. Under the proposed changes, unless the parties stipulate otherwise, remote testimony would not be available in evidentiary hearings in disability proceedings where many of the witnesses are experts who may be called upon to examine large volumes of exhibits.
Confidential Discovery Records
Proposed changes to rule 122(l) would ensure that statements made by attorney witnesses in commission investigations remain confidential unless they become part of the public record.
The recommended language provides that “[t]he commission considers all items provided in discovery pursuant to this rule to be confidential under Rule 8.3(d) of the California Rules of Professional Conduct (governing the conduct of licensees of the State Bar of California) until and unless those items become part of the public record.”
California Rule of Professional Conduct, rule 8.3 lays out an attorney’s duty to report professional misconduct by another attorney and subsection (d) explains that the rule does not require reporting of information that is otherwise privileged or confidential.
Regular Business Hours
An amendment to rule 138(i), to explicitly define what constitutes business hours for the purposes of filing with the commission, is also being considered. The proposal designates “regular business hours” as “8:00 a.m. to 5:00 p.m.” and provides that “[a] filing received after 5:00 p.m. will be deemed filed on the next court day.”
The full text of the proposed amendments being circulated for public comment, with a brief explanation of the changes, can be found on the commission’s website at https://cjp.ca.gov under the “Legal Authority” link.
All comments to the proposals are due by Jan. 6, 2025 and can be emailed to rules@cjp.ca.gov or sent by mail to the attention of Emma Bradford, legal advisor to commissioners, 455 Golden Gate Avenue, Suite 14400 San Francisco, CA 94102.
Any responses to submitted comments will be accepted through Jan. 21.Copyright 2024, Metropolitan News Company