Procedure for Obtaining Certification to Administer Oaths & Affirmations
Effective January 1, 2018
Background – Legislative Changes
In 2017, the Legislature amended Code of Civil Procedure section 2093 and Government Code section 1225, which permit former judges and justices to administer oaths and affirmations, as long as they satisfy the conditions set forth in Code of Civil Procedure section 2093. The changes affect judges and justices who were certified before January 1, 2018, and all judges and justices who apply for certification after December 31, 2017.
Under the amendments, in order to obtain a certification allowing them to administer oaths and affirmations, all former judges and justices, who satisfy the conditions of Code of Civil Procedure section 2093, may request a certification from the commission, but are no longer required to submit a medical certification along with the application. The commission may require a judge to obtain a medical certification if, (1) at the time of the judge’s retirement or resignation, the commission has evidence of cognitive impairment in a disability application or an investigation file, or (2) the judge previously received a two-year certification from the commission (Medical Certification to accompany application). 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.
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, 2017, are no longer required to submit a medical certification along with their application for certification.
- Former judges and justices certified prior to January 1, 2018, are permitted to continue to administer oaths and affirmations until their current certification expires, before needing to reapply for certification pursuant to the amended provisions.
Pursuant to the statutes, a $15.00 fee must be paid for processing an application for certification. Checks are to be made payable to the State of California.