Procedure for Obtaining Certification to Administer Oaths & Affirmations


Effective January 1, 2016

Background – Legislative Changes

In 2015, the Legislature made significant amendments to Code of Civil Procedure section 2093 and Government Code section 1225, which permit former judges and justices to administer oaths and affirmations, so long as there was no formal proceeding against the judge pending before the Commission on Judicial Performance at the time of retirement or resignation. The changes affect judges and justices retired for disability, all retired judges and justices who were certified before January 1, 2016, and all judges and justices who apply for certification after December 31, 2015.

Under the amendments, in order to obtain a certification allowing them to administer oaths and affirmations, all former judges and justices are required to submit a medical certification along with the application for certification. If the applicant’s medical certification indicates that he or she does not have a medical condition that would impair his or her ability to administer oaths and affirmations, the commission is required to issue a certification valid for five years from the date of issuance. If the applicant’s medical certification indicates that he or she has a medical condition that could impair his or her ability to administer oaths and affirmations, but does not do so at the time of the submission of the medical certification, the commission is required to issue a certification to administer oaths and affirmations valid for only two years from date of issuance. Under the amendments, judges or justices retired for disability are permitted to apply for certification to administer oaths and affirmations.

Information submitted in connection with an application for certification shall be treated as confidential; however, the fact that a certification is in effect may be revealed.

Effective Dates of Changes

  • Former judges and justices applying for certification after December 31, 2015 must submit a medical certification along with their application for certification.
  • Former judges and justices certified prior to January 1, 2016 are permitted to continue to administer oaths and affirmations until January 1, 2017, before needing to reapply for certification pursuant to the amended provisions.

Forms

Cost

Pursuant to the amendments, a $15.00 fee must be paid for processing an application for certification. Checks are to be made payable to the State of California.