People v. Superior Court (Jans)

California adopted the “Uniform Act to Secure the Attendance of Witnesses from Without the State in Criminal Proceedings” (Uniform Act) in 1937. The Navajo Nation adopted the Uniform Act in 1989. The Uniform Act provides for the issuance of a subpoena by a California court for the attendance of a witness in an out-of-state criminal proceeding when “a judge of a court of record in any state, which by its laws provides for commanding persons within that state to attend and testify in this state, ...” certifies such witness is necessary and material. The California court must then hold a hearing and make specific findings prior to issuance of the subpoena. (Pen. Code, § 1334.2.) “State” is defined in Penal Code section 1334.1 as “any State or Territory of the United States and the District of Columbia.”

The Window Rock District Court for the Navajo Nation certified that Melvin Jans, vice-president at Tenneco West, Inc., residing in Bakersfield, California was a necessary witness in a criminal matter to be tried by the district court. The Kern County Superior Court held a hearing pursuant to Penal Code section 1334.2. At the end of the hearing the court concluded that the…