1
COMMISSION
ON
2
JUDICIAL
-
--
PERFORMANCE
-oOo
3
-
4
INQUIRY
5
CJP
6
-- ---- ------ -- - -- - -- ---- --1
-
JUDGE
CONCERNING
PETER
NO.
J.
ORIGINAL
McBRIEN
185
7 8 9 10 11 12 13 14
TRANSCRIPT
HEARING
1,
VOLUME
MASTERS
CALIFORNIA
1,
APRIL
THE
SPECIAL
SACRAMENTO,
15 16
BEFORE
OF
2009
PAGES
1
- 250
17 18 19 20 21 22
REPORTED
BY:
SANDRA LEHANE
REGISTERED PROFESSIONAL
23
CERTIFIED
SHORTHAND 155
24
Alameda,
Orr
NO.
7372
Road
California
(510)
REPORTE:R
REPORTER
94502
864-9645
25
------- ----
IN RE
CJF NO.
185 - 4/1/09
1
-------· ----
1
Sworn Testimony of Judge Peter McBrien Sacramento County Superior Court Q.
1
2
Now,
you did try to move the Carlsson vs.
Carlsson case along,
did you not?
did.
3
A.
I
4
Q.
And you made all of those statements with
5
respect to this trial to Mr.
Blum -Â
6
A.
I
7
Q.
--
8
A.
I
9
Q.
And why were you trying to move that case
10
did. referred to in the record? did.
along?
A.
11
In my experience with Ms.
Huddle,
she would
12
never complete her cases within the estimate.
13
i t ' s a child custody case,
14
complexity and variations that might arise that would
15
create some uncertainty.
16
least two occasions extended the time for the trial.
17
In the case of Barrett,
18
a third day.
19
two and a half.
20
issues.
21
Q.
I
can understand the
And,
I
And if
in fact,
believe,
In the case of Myles,
have on at
we went a third -Â I
believe we went
Both of which had involved custody
But in order to maintain the orderly flow of
22
justice through the family law courts,
23
other judges there insist that the trial estimates be
24
met?
25
A.
do you and
We do.
L-------------------------IN RE CJF NO. 185 -
4/1/09----------------------~
206
Admission and reference to family law attorneys who also work as part-time, "volunteer," sworn temporary judges and operate the Sacramento Family Court settlement conference program in exchange for preferential treatment when representing clients in court: 1
Q.
Is there a reason for that?
2
A.
Yes.
3
Q.
What is it?
4
A.
Well,
the Bar,
family law bar,
volunteers
5
their time to the Court in expectation that they're
6
going to be able to get to trial when they set their
7
trials.
8
goes,
9
something that they certainly expect of us.
And I don't want to say i t ' s a,
t i t for tat,
but it may well be,
as the saying
in their minds, And quite
10
frankly,
11
in Sacramento County that you're going to adhere to
12
your estimate or you're going to make a
13
explaining the reasons you need more time.
4
Q.
i t ' s part of the general family law culture
Two last questions.
request
The first one,
I
want
15
you to first take a look at the reporter's transcript
16
of the trial,
17
let me read Lines 5 through 13:
Page 138,
"The Court:
18
Lines 5 through 7.
No,
Actually,
you don't have to ask me.
19
You have to always ask the other party first before I
20
will consi
21
r
anything that either party wants."
Is that your practice and procedure?
22
A.
Absolutely.
23
Q.
And is that done by attorneys who appear
24
before you?
25
A.
It is.
L-------------------------IN RE CJF NO. 185
4/1/09--------------------~
207
CALIFORNIA JUDICIAL BRANCH NEWS SERVICE
CJBNS.ORG
SUPERIOR COURT OlF CALIFORNIA COUNTY OF SACRAMENTO
720 NINTH STREET SACRAMENTO, CAUFORNIA 95814
March 1, 2012
Re: Records Request Pursuant to California Rules of Court, rule 10.500 Dear I am writing in response to your letter dated February 14,2012 wherein you requested judicial administrative records pursuant to California Rules of Court, rule 10.500. As you are aware, under the request for judicial administrative records, I can only provide the documents we have in our possession. Although the quarterly report did not contain the information you wanted, the data collected and reported was in accordance to California Rule of Court 10.742(c). You also request records or data that pertain to benefits or incentives provided or are available to temporary judges. Temporary Judges do not receive any compensation or benefits and as such we do not have records responsive to this request. If you require any additional information, please contact me directly.
Sacramento Superior Court
(916)874-6488 sylvesg@saccourt.ca.gov
PENAL CODE
SECTION 92-100
92. Every person who gives or offers to give a bribe to any judicial officer, juror, referee, arbitrator, or umpire, or to any person who may be authorized by law to hear or determine any question or controversy, with intent to influence his vote, opinion, or decision upon any matter or question which is or may be brought before him for decision, is punishable by imprisonment in the state prison for two, three or four years.
93. (a) Every judicial officer, juror, referee, arbitrator, or umpire, and every person authorized by law to hear or determine any question or controversy, who asks, receives, or agrees to receive, any bribe, upon any agreement or understanding that his or her vote, opinion, or decision upon any matters or question which is or may be brought before him or her for decision, shall be influenced thereby, is punishable by imprisonment in the state prison for two, three, or four years and, in cases where no bribe has been actually received, by a restitution fine of not less than two thousand dollars ($2,000) or not more than ten thousand dollars ($10,000) or, in cases where a bribe was actually received, by a restitution fine of at least the actual amount of the bribe received or two thousand dollars ($2,000), whichever is greater, or any larger amount of not more than double the amount of any bribe received or ten thousand dollars ($10,000), whichever is greater. (b) In imposing a restitution fine under this section, the court shall consider the defendant's ability to pay the fine.
94. Every judicial officer who asks or receives any emolument, gratuity, or reward, or any promise thereof, except such as may be authorized by law, for doing any official act, is guilty of a misdemeanor. The lawful compensation of a temporary judge shall be prescribed by Judicial Council rule. Every judicial officer who shall ask or receive the whole or any part of the fees allowed by law to any stenographer or reporter appointed by him or her, or any other person, to record the proceedings of any court or investigation held by him or her, shall be guilty of a misdemeanor, and upon conviction thereof shall forfeit his or her office. Any stenographer or reporter, appointed by any judicial officer in this state, who shall pay, or offer to pay, the whole or any part of the fees allowed him or her by law, for his or her appointment or retention in office, shall be guilty of a misdemeanor, and upon conviction thereof shall be forever disqualified from holding any similar office in the courts of this state. 94.5. Every judge, justice, commissioner, or assistant commissioner of a court of this state who accepts any money or other thing of value for performing any marriage, including any money or thing of value voluntarily tendered by the persons about to be married or who have been married by such judge, justice, commissioner, or assistant commissioner, whether the acceptance occurs before or after performance of the marriage and whether or not performance of the marriage is conditioned on the giving of such money or the thing of value by the persons being married, is guilty of a misdemeanor. It is not a necessary element of the offense described by this section that the acceptance of the money or other thing of value be committed with intent to commit extortion or with other criminal intent. This section does not apply to the request for or acceptance of a fee expressly imposed by law for performance of a marriage or to the request or acceptance by any retired judge, retired justice, or retired commissioner of a fee for the performance of a marriage. For the purposes of this section, a retired judge or retired justice sitting on assignment in court shall not be deemed to be a retired judge or retired justice. This section does not apply to an acceptance of a fee for performing a marriage on Saturday, Sunday, or a legal holiday.