Wednesday, June 20, 2007
CJP Requests Comment on Proposed Rule That Would Permit Depositions
By a MetNews Staff Writer
The Commission on Judicial Performance yesterday requested comment on a proposed rule that would allow discovery depositions in formal disciplinary proceedings against state judges.
Currently, the CJP permits the taking of depositions only to preserve testimony. The proposed rule, while preserving that option, would also allow a limited number of depositions to be taken for purposes of discovery.
Discovery depositions would be limited to four per side, each taken on one day and lasting no more than seven hours. Disputes over claims of privilege and other objections to questions would be ruled on by the commission chair, by another commissioner designated by the chair, or by one or more of the special masters appointed to hear evidence in the case.
Unlike depositions taken to preserve testimony, however, discovery depositions could not be videotaped.
Copies of the invitation to comment and of the comment form, which is due by Aug. 20, may be found at cjp.ca.gov, using the “Governing Provisions” and “Commission Rules” links. If approved, the rule would take effect Jan. 1 of next year and would expire at the end of 2010 if not extended by the commission.
Copyright 2007, Metropolitan News Company