Judge Peter McBrien Commission on Judicial Performance Whistleblower Leaked Transcript of Judicial Misconduct Prosecution - CJP Victoria Henley

Judge Peter McBrien Judicial Misconduct Prosecution Leaked Oral Argument Transcript

Friday Document Dump

Sacramento Family Court News has obtained a confidential court reporter transcript from the Commission on Judicial Performance prosecution of family court Judge Peter J. McBrien. The CJP is the government agency responsible for oversight and accountability of California judges. The document contains the complete 2009 oral argument by CJP prosecutor Andrew Blum detailing McBrien's misconduct in the Carlsson case. 

The published 3rd District opinion in Carlsson - authored by three appellate justices without past employment in Sacramento County Superior Court - "developed a certain notoriety" throughout the state, according to Sixth District Court of Appeal Presiding Justice Conrad L. Rushing. Justice Rushing characterized McBrien's conduct in the case as a "judicial reign of terror." To view Rushing's statements about the Carlsson case, click here. 

Court watchdogs point to the Carlsson case as one example of the preferential treatment family court judges provide attorneys who serve as temporary judges in the same court. Almost every ruling issued by McBrien in the case was in favor of the party represented by judge pro tem attorney Charlotte Keeley, according to the 3rd District. As a result of the appellate opinion, which overturned McBrien's decisions and ordered a new trial, the CJP charged McBrien with multiple violations of the Code of Judicial Ethics, including willful misconduct in office, persistent failure or inability to perform his duties, conduct prejudicial to the administration of justice that brings the judicial office into disrepute, and improper action within the meaning of article VI, section 18 of the California Constitution.

For further information about the McBrien CJP prosecution, and to view the confidential CJP transcript, click Read more >> below...

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

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:

Whistleblower: Judge Laurie Ignoring Serial State Law Violations by Divorce Attorneys Who Work as Part-Time Judges

[UPDATED: This article contains updates for attorneys who complied with the Code of Judicial Ethics after this article was published]

A Sacramento divorce attorney has revealed that colleagues who also work as temporary judges are breaking state judicial ethics laws. 

A Sacramento lawyer charges that prominent family law attorneys are unlawfully using for promotional purposes their status as part-time, temporary judges.
  
The ethically-challenged attorneys represent a who's who of Sacramento area family law lawyers, including Camille Hemmer, Bunmi Awoniyi, Fredrick Cohen, Steven Burlingham, John Sokol, Jeffrey Posner, Mark Ambrose, Joseph Winn, Nancy Perkovich, John O'Malley and the firm Bartholomew & Wasznicky.

The California Code of Judicial Ethics [pdf] prohibits both full-time and part-time judges from using their status as a judge to advance their own financial or personal interests. For example, a judge cannot use her status as a judge to persuade a police officer not to write her a speeding ticket. Canon 2B(2) of the ethics code provides that

"A judge shall not lend the prestige of judicial office or use the judicial title in any manner, including oral or written communication, to advance the pecuniary or personal interests of the judge or others." 

To continue reading, click Read more >> below...