California Justices Want Judges to Demand Subpoena for Testimony

State judges asked to file declarations in a habeas action on behalf of a criminal defendant they represented before taking the bench should require a subpoena to comply, a California Supreme Court opinion recommends.

The goal is to avoid the appearance of impropriety even if the declaration will contain only factual testimony, the court’s Committee on Judicial Ethics Opinions advisory opinion issued Wednesday said. The Code of Judicial Ethics prohibits judges from providing character testimony except in response to a subpoena.

“If the judicial officer has any question regarding whether the declaration may contain character testimony, he or she is ...