Attorney Oath

One of the first things you may choose to do once you pass the California Bar Examination is to attend a swearing-in ceremony where multiple attorneys take the attorney oath at the same time. Taking the oath is not just a ritual. It is required for admission to practice law in California. 

But if you are unable to attend such a ceremony, there are a number of officials in California who are authorized to administer the oath, including:

 

  • A judge of any court of record. CCP §2093 (a); Gov. Code §1225
  • A justice of any court of record.  CCP §2093(a); Gov. Code §1225
  • A former judge or justice of a court of record who is certified by the Commission on Judicial Performance to administer oaths (as long as the judge or justice was not facing charges at the time of resignation or retirement). CCP §2093(c); Gov. Code §1225
  • The clerk of any court of record. CCP §2093(a)
  • A court commissioner of any court of record. CCP §259; CCP §2093(a)
  • A notary public. CCP §2093(a)
  • A shorthand court reporter. CCP §2093(b)
  • An officer of the executive branch of government (i.e., Governor, Lieutenant Governor)
  • Any member of the Legislature. Gov. Code §1225
  • The President of the Senate. Gov. Code §1225
  • The President Pro Tempore of the Senate. Gov. Code §1225
  • The Speaker of the Assembly. Gov. Code §1225
  • The Speaker Pro Tempore of the Assembly. Gov. Code §1225
  • The Secretary of the Senate. Gov. Code §9191.5
  • The Chief Clerk of the Assembly. Gov. Code §9191.5
  • Any county officer (i.e. district attorney, registrar of voters, assessor, member of the Board of Supervisors). Gov. Code §24057
  • County officer deputies (i.e. deputy district attorney). Gov. Code §24057
  • Members, State Bar Board of Governors. Bus. Prof. Code §6052; CCP §2093(a)
  • Judges of the State Bar Court. Bus. Prof. Code §6086.5; CCP §2093(a)
  • The State Bar’s Chief Trial Counsel. Bus. Prof. Code §6052; CCP §2093(a)
  • Administrative Law Judges. Gov. Code §11528; CCP §2093(a)
  • Mayor. Gov. Code §40603
  • Jury Commissioner. CCP §196(a)

Outside of California

If you currently live outside of California, it is not necessary for you to return to take the attorney’s oath. An affidavit taken in a foreign country to be used in California, may be taken before an ambassador, minister, consul, vice consul or consular agent of the United States or before any judge of a court of record having a seal in such foreign country. (Code Civ. Proc. § 2014.) 

When an affidavit is taken before a judge or a court in another state or in a foreign country, the genuineness of the signature of the judge, the existence of the court and the fact that such judge is a member thereof must be certified by the clerk of the court, under the seal thereof. (Code Civ. Proc. § 2015.) Affidavits and oaths made by military personnel are governed by California Civ. Code § 1183.5.