Public Decisions Database
This database contains decisions on all public judicial disciplinary cases since the inception of the commission in 1960. Cases not involving public charges or public discipline remain confidential under the California Constitution and the commission’s rules.
Pursuant to amendments to the Constitution, which took effect in March 1995, the commission is authorized to impose all disciplinary sanctions, subject to discretionary review by the Supreme Court. Prior to that, the Supreme Court had the authority to censure or remove judges from office upon recommendation by the commission.
Case Profile
New SearchFirst Name | Peter J. |
Last Name | McBrien |
Title | Judge |
Inquiry No. | 185 |
Court Level | Superior Court |
County/Appellate District | Sacramento |
Discipline/Determination | Censure |
Decision By | Commission |
Date of Decision | 01/05/2010 |
Method of Resolution | Decision |
Types of Misconduct | Abuse of contempt/sanctions Bias/appearance of bias not directed toward a particular class Demeanor/decorum On-bench abuse of authority in performance of judicial duties Disqualification/disclosure/post-disqualification conduct Failure to ensure rights |
Petition For Review | |
Summary | Judge McBrien engaged in four instances of misconduct in his handling of the marital dissolution matter of Mona Lea Carlsson v. Ulf Johan Carlsson over a period of months: his prolonged investigation of Mr. Carlsson’s possible violation of the law relating to state employees’ financial disclosures and reporting the potential violation to Mr. Carlsson’s employer, resulting in the termination of Mr. Carlsson’s employment, without disclosure to the parties; his abrupt termination of the Carlsson trial in the middle of a witness’s testimony; his improper threat of contempt to Mr. Carlsson’s attorney; and the judge’s demonstrated impatience towards Mr. Carlsson’s attorney by repeatedly threatening her with a mistrial if she did not complete her case within the time estimate and his derogatory and discourteous comments to her. |
Documents |