In McComb v. Superior Court (1977) 68 Cal.App.3d 89, a judge who was the subject of a proceeding to inquire into his fitness to perform his duties as a justice of the Supreme Court of California refused to obey a subpoena and order for the taking of his deposition, asserting his constitutional privilege not to be called as a witness and not to testify. The Court concluded that the order of the superior court and the subpoena directing the judge to appear and testify at the deposition were valid, and that the judge's disobedience of the order and subpoena was a contempt of the authority of the court. The Court held that "a judge who is the subject of proceedings 'which are neither criminal nor before a "court of justice" . . . ' does not have the privilege afforded to a defendant in a criminal case to refuse to respond as a witness and to testify (Evid. Code, 930); he may be called upon to testify and can refuse only to disclose a matter that may tend to incriminate him (Evid. Code, 940). " (P. 98.)