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

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hav~ng

been

prev~ous1y

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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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A.

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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

4/3/09--------------------~

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judges does Sacramento County Central have?
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Now?

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Q.

Now.

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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.

I

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been three,

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was,

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I

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

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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

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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

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department.

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better than 90% of the cases settle.

And so If

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frankly,

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mornings.

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hearing self-represented cases,

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settle,

probably

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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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It probably depends on the department and the

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all three days?

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A.

I would.

Q.

How often can you estimate,

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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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RE CJF NO. 185 -

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