SB 73

Current law allows various public officials, including judges, court

commissioners, arbitrators, the attorney general, district attorneys, coroners,

medical examiners, boards, and chairpersons of local elected bodies, to issue a

subpoena to require the attendance of a witness at a proceeding, hearing,

examination, or trial. Under current law, an attorney of record in a civil action or

special proceeding also has the power to issue a subpoena to require the attendance

of a witness at a deposition, hearing, or trial in the civil action or special proceeding.

Attorneys representing defendants in criminal matters are not listed in the statutes

as having authority to issue subpoenas. Current law provides that the rules of

practice in civil actions apply in criminal actions, unless otherwise specified.

Current law does not, however, explicitly authorize attorneys representing criminal

defendants to issue subpoenas.

This bill specifically gives attorneys representing criminal defendants the same

power to issue subpoenas provided under current law to attorneys in civil actions.