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Name: Comm on Judicial Performance v. Sup Crt (Davidson)
Case #: B201251
Court: CA Court of Appeal
District 2 DCA
Division: 1
Opinion Date: 10/29/2007

Commission on Judicial Performance records are not subject to a Pitchess motion. Following conviction by jury trial, Davidson moved for a new trial, filing a Pitchess motion in which he sought information from the Commission on Judicial Performance about all complaints filed against Judge Schwartz. Over the Commission’s objection, the trial court denied its motion to quash the subpoena. The Commission petitioned for writ of mandate, and the appellate court issued the writ. The Commission’s nonpublic records are not subject to a Pitchess motion nor subpoena duces tecum.