1

COMMISSION

ON

JUDICIAL

--

PERFORMANCE

-oOo

INQUIRY

CJP

-- ---- ------ -- - -- - -- ---- --1

JUDGE

CONCERNING

PETER

NO.

J.

ORIGINAL

McBRIEN

185

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8
9
10
11
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14

TRANSCRIPT

HEARING

1,

VOLUME

MASTERS

CALIFORNIA

1,

APRIL

THE

SPECIAL

SACRAMENTO,

15
16

BEFORE

OF

2009

PAGES

- 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

------- ----

Sworn Testimony of Judge Peter McBrien

Sacramento County Superior Court
Q.

Now,

you did try to move the Carlsson vs.

Carlsson case along,

did you not?

did.

A.

Q.

And you made all of those statements with

respect to this trial to Mr.

Blum -

A.

Q.

--

A.

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.

can understand the

And,

And if

in fact,

believe,

In the case of Myles,

have on at

we went a third -
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?

A.

Yes.

Q.

What is it?

A.

Well,

the Bar,

family law bar,

volunteers

their time to the Court in expectation that they're

going to be able to get to trial when they set their

trials.

goes,

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.

Q.

i t ' s part of the general family law culture

Two last questions.

request

The first one,

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

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

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.