COMMISSION ON JUDICIAL PERFORMANCE

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INQUIRY CONCERNING
JUDGE PETER J. McBRIEN
CJP NO. 185
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TRANSCRIPT OF THE

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HEARING BEFORE SPECIAL MASTERS

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SACRAMENTO, CALIFORNIA

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APRIL 3,

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VOLUME 3,

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PAGES 526 -

630

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2009

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REPORTED BY:
SANDRA LEHANE

REGISTERED PROFESSIONAL REPORTER

CERTIFIED SHORTHAND REPORTER NO. 7372

155 Orr Road

Alameda, California 94502

(510) 864-9645

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185 - 4 / 3 / 0 9 - - - - - - - - - - - '

526

Thank you,

BLUl'1:

Your Honor.

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JUDGE PETER McBRIEN

hav~ng

been

prev~ous1y

sworn,

test~f~ed

BY MR. BLUM:

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CROSS-EXAMINATION

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Q.

Good morning,

Your Honor.

A.

Good morning.

Q.

You began testifying this morning by

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referring to your Tentative Decision,

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Examiner's 21?

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A.

Yes.

Q.

Could you please turn to that exhibit.

The first one on Page 1,

Just

third paragraph,

you

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were talking about the PERS segregation order?

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which is

a couple of items I wanted to ask you about here.

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Yes.

Q.

And you testified that of course it's quite

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unusual not to segregate the account?

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A.

It is.

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Q.

And you gave -

one of your reasons for not

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segregating it

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Mr. Carlsson hadn't testified to that issue.

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A.

not segregating the account was that

He presented no evidence that would support

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RE CJF NO. 185

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601

judges does Sacramento County Central have?

A.

Now?

Q.

Now.

A.

Now we have five who hear family law and one

Q.

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A.

We do.

Q.

In 2006,

how many family law judges were

there working under this system?

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A.

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been three,

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was,

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believe there were four.

but I

believe,

There might have

believe there were four.

And one

usually gone for teaching someplace.

Q.

Did that create extra burdens for the rest of

A.

We would share her calendar if she were gone

you?

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during Monday/Tuesday/Wednesday.

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And it would be just

one department less to hear a trial.

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Thursday/Friday trial two-day schedule?

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Do all five of the judges have the

who hears domestic violence only.

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Q.

So every Monday/Tuesday/Wednesday you had

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four

judges doing law and motion calendars in the

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morning with attorneys?

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A.

Right.

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Q.

And pro per calendars in the afternoon?

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A.

Correct.

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Q.

Would a typical law-and-motion day be a

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six hour full day,

A.

longevity of the judicial or bench officer in that

department.

better than 90% of the cases settle.

And so If

frankly,

mornings.

hearing self-represented cases,

settle,

probably

have a very light calendar on law and motion

when we're

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And then in the afternoon,

very few of those

and I would have a bigger

bigger, more

Q.

Was there ever an opportunity to carve out

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additional trial time on short cause matters on

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Monday,

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A.

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There sometimes is on Tuesday afternoons or

You would take trials and do them during the

lunch hour?

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Q.

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Tuesday or Wednesday?

over the lunch hour Monday/Tuesday/Wednesday.

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in my department,

wholesome day at that point.

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For instance,

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It probably depends on the department and the

all three days?

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A.

I would.

Q.

How often can you estimate,

have.
in the Year 2000,

did you do that?

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A.

In the Year 2000?

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Q.

2006.

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A.

The years blend,

Pardon me.
and I couldn't tell you if

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it was that year or another.

But I have heard them.

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Not frequently but,

once every other month

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you know,

RE CJF NO. 185 -

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