(A) In conducting an investigation the Judge/Executive shall have access at all reasonable times to premises, records, documents, individuals and other evidence or possible sources of evidence and may examine, record and copy such materials and take and record the testimony or statements of such person as are reasonably necessary for the furtherance of the investigation; provided, however, that the Judge/Executive first complies with the provisions of the Fourth Amendment relating to unreasonable searches and seizures. The Judge/Executive may issue subpoenas to compel his or her access to or the production of such materials, or the appearance of such person, and may issue interrogatories to a respondent, to the same extent and subject to the same limitations as would apply if the subpoenas or interrogatories were issued or served in aid of a civil action in the United States District Court for the district in which the investigation is taking place. The Judge/Executive may administer oaths.
(B) Upon written application to the Judge/Executive, a respondent shall be entitled to the issuance of a reasonable number of subpoenas by and in the name of the Judge/Executive to the same extent and subject to the same limitations as subpoenas issued by the Judge/Executive himself or herself. Subpoenas issued at the request of a respondent shall show on their face the name and address of such respondent and shall state that they were issued at his or her request.
(C) Witnesses summoned by subpoena of the Judge/Executive shall be entitled to the same witness and mileage fees as are witnesses in proceedings in United States District Courts. Fees payable to a witness summoned by a subpoena issued at the request of a respondent shall be paid by him or her.
(D) Within five days after service of a subpoena upon any person, such person may petition the Judge/Executive to revoke or modify the subpoena. The Judge/Executive shall grant the petition if he or she finds that the subpoena required appearance or attendance at an unreasonable time or place, that it requires production of evidence which does not relate to any matter under investigation, that it does not describe with sufficient particularity the evidence to be produced, that compliance would be unduly onerous, or for other good reason.
(E) In case of contumacy or refusal to obey a subpoena, the Judge/Executive or other person at whose request it was issued may petition for its enforcement in the Municipal or State Court for the district in which the person to whom the subpoena was addressed resides, was served, or transacts business.
(F) The County Attorney shall conduct all litigation in which the Judge/Executive participates as a party or as amicus pursuant to this chapter.
(Ord. 91-6, passed 11-25-1991)