23 January 2013

Hon. Michael T. Garcia Commission on Judicial Performance Transcript of 2009 Confidential Character Witness Testimony for Judge Peter McBrien

Judge Michael Garcia CJP Testimony for Judge Peter McBrien - Whistleblower Leak

Wednesday Document Dump
California Supreme Court Justice Leondra R. Kruger, Justice Mariano-Florentino Cuellar, Justice Goodwin H. Liu, Justice Carol A. Corrigan, Justice Ming W. Chin, Justice Kathryn M. Werdegar, Justice Tani G. Cantil-Sakauye - California

Confidential court reporter transcript of Sacramento County Superior Court Judge Michael T. Garcia 2009 character witness testimony for family court Judge Peter McBrien, with McBrien's felony indictment document from 2000. In 2009, McBrien was facing removal from the bench by the Commission on Judicial Performance for violations of the Code of Judicial Ethics for his misconduct in the Carlsson case. This was McBrien's second prosecution by the CJP

Aware of McBrien's misconduct, Garcia was required by Canon 3D(1) to "take or initiate appropriate corrective action" against McBrien. Instead, Judge Garcia testified as a character witness on McBrien's behalf. The testimony was cited by the CJP as a mitigating factor which reduced McBrien's ultimate punishment, allowing the controversial judge to keep his job. Click here for more information about the McBrien CJP proceedings and the effect of Garcia's testimony. Click on the labels below the document for additional reporting on the people and issues in this post.