11 April 2013

Hon. James M. Mize Misconduct: Leaked Commission on Judicial Performance Testimony for Judge Peter McBrien

Judge James Mize CJP Testimony for Judge Peter McBrien Defense Team - Whistleblower Leak

Thursday Document Dump
United States District Court Eastern District of California – Sacramento Federal Court – United States Courts - Judge William Shubb - Judge Edmund Brennan - Judge Garland Burrell Jr - Judge Carolyn Delaney - Judge Morrison England Jr - Judge Gregory Hollows - Judge John Mendez - Judge Kendall Newman - Judge Troy Nunley - Judge Allison Claire - Judge Dale Drozd - Judge Lawrence Karlton - Judge Kimberly Mueller – Office of the United States Attorneys Benjamin B. Wagner Eastern District of California, Judge Kevin Culhane

Sacramento Family Court News has obtained the court reporter transcript of Sacramento County Family Court Supervising Judge James Mize's 2009 testimony before the Commission on Judicial Performance for controversial family court Judge Peter McBrien. With McBrien's felony indictment records.The CJP is the government agency responsible for oversight and accountability of California judges.Mize testified as a character witness in defense of McBrien at the judge's second prosecution by the CJP. 

According to the CJP, Mize's testimony was considered a mitigating factor that reduced the level of punishment McBrien ultimately received after being found guilty. McBrien was charged with multiple violations of the Code of Judicial Ethics in connection with his misconduct in the Carlsson family court case. Sixth District Court of Appeal Presiding Justice Conrad L. Rushing characterized McBrien's conduct in the Carlsson case as a "judicial reign of terror." 

To continue reading, and to view the whistleblower leaked transcript, click Read more >> below:


Aware of McBrien's misconduct in the Carlsson case, Mize was required by Canon 3D(1) of the Code of Judicial Ethics to "take or initiate appropriate corrective action" against his coworker. Instead, Mize helped defend McBrien by testifying on his behalf. Also testifying for McBrien were 3rd District Court of Appeal Presiding Justice Arthur Scotland and Sacramento County Superior Court judges and temporary judges Thomas Cecil, Robert Hight, Michael Garcia, Robert O'Hair, Jerry Guthrie, Russell Carlson and Camille Hemmer. All were required by Canon 3D(1) to take corrective action, but instead testified in support of McBrien. 

O'Hair, Guthrie, Carlson and Hemmer also work as private sector divorce attorneys in the same court. Court reform advocates assert that the judge-attorney collusion in the McBrien CJP proceedings is one of several similar incidents that when taken together indicate that the court deprives financially disadvantaged, unrepresented family court users of the right to honest services, a federal crime. Reform advocates refer to the court as "the most corrupt court in the United States," and equate the level of cronyism and corruption with the Kids for Cash scandal in Luzerne County, Pennsylvania. Federal honest services fraud prosecutions often involve collusion between judges and attorneys

For examples of honest services fraud indictments click here. Individuals who fail to report federal criminal activity which they have knowledge of can be charged with a violation of 18 USC § 4, misprision of felony. For examples of federal misprision of felony criminal indictments, click here.  

For additional reporting on the people and issues in this post, click the corresponding labels below the document.