Oaths and affirmations.

Under existing law, a judge or justice, among others, may administer oaths or affirmations. Existing law also authorizes a former judge or justice of a court of record in this state who retired or resigned from office to administer oaths and affirmations for a specified period of time if the former judge or justice requests and receives a certification from the Commission on Judicial Performance, and if a formal disciplinary proceeding was not pending at the time of his or her retirement or resignation. Existing law requires that an application for a certification include a medical certification establishing that he or she does not have a medical condition that could impair the applicant's ability to administer oaths and affirmations, as specified. This bill would provide additional conditions under which the Commission on Judicial Performance would be required to issue a certification to administer oaths and affirmations to a former judge or justice, as specified. The bill would remove the requirement that an application for a certification be accompanied by a medical certification, and would instead authorize the commission to require an applicant to provide the medical certification if there is evidence in a disability application file or in a disciplinary investigation file of possible cognitive impairment affecting the judge or justice, or if the former judge or justice previously received a two-year certification to administer oaths and affirmations from the commission. The bill would also change the period of time that a former judge or justice may administer oaths and affirmations from 5 years to an indefinite period of time, except as specified.