A judicial officer shall have power:
§ 177.Conduct of proceedings
Title 2. Judicial Officers · Chapter 4. Incidental Powers and Duties of Judicial Officers · Last amended 2020 · Last verified July 28, 2026
In one sentenceSection 177 gives judicial officers generally — not only judges of a full court — power to keep order in their presence, compel obedience to their lawful orders, compel witnesses to testify, administer oaths, and prohibit activity that threatens courthouse access or interrupts judicial administration, including the privilege from civil arrest at court.
Full Text of § 177
(a) To preserve and enforce order in the officer’s immediate presence, and in proceedings before the officer, when the officer is engaged in the performance of official duty.
(b) To compel obedience to the officer’s lawful orders as provided in this code.
(c) To compel the attendance of persons to testify in a proceeding before the officer, in the cases and manner provided in this code.
(d) To administer oaths to persons in a proceeding pending before the officer, and in all other cases where it may be necessary in the exercise of the officer’s powers and duties.
(e) To prohibit activities that threaten access to state courthouses and court proceedings, and to prohibit interruption of judicial administration, including protecting the privilege from civil arrest at courthouses and court proceedings.
Plain-English Summary
Section 177 extends a version of Section 128’s court-level powers down to the individual judicial officer — a category broader than judges alone, reaching commissioners, referees, and others who exercise judicial functions. A judicial officer can preserve and enforce order in their immediate presence while performing official duty, compel obedience to their own lawful orders, compel witnesses to attend and testify in a proceeding before them, and administer oaths whenever exercising their powers and duties requires it.
Subdivision (e) adds a more specific and more recent power: prohibiting activities that threaten access to state courthouses and court proceedings, and prohibiting interruption of judicial administration. That includes protecting a longstanding privilege — the traditional protection from civil arrest for people who are at a courthouse or a court proceeding. The 2019 amendment sharpened this authority at a time when courthouse access had become a live concern, giving judicial officers an explicit tool to keep courthouses functioning without interference.
Frequently Asked Questions
Who counts as a “judicial officer” under Section 177?
The section applies to judicial officers generally, a category that reaches beyond judges presiding over a full court to include others who exercise judicial functions, such as commissioners and referees.
Can a judicial officer stop someone from being served with civil process at the courthouse?
Section 177(e) empowers a judicial officer to prohibit activities that threaten courthouse access and to protect the privilege from civil arrest connected with attending court proceedings.
What is the difference between Section 177 and Section 128?
Section 128 lists the powers of a court, while Section 177 gives a parallel set of powers to the individual judicial officer exercising authority in a proceeding, including commissioners and referees who are not judges of a full court.
Amendment History
Enacted 1872. Repealed and re-enacted Code Amdts 1880 ch 35 § 1. Amended Stats 2019 ch 787 § 3 (AB 668), effective January 1, 2020.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
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