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 Search| First Name | James J. |
| Last Name | McCartney |
| Title | Judge |
| Inquiry No. | 13 |
| Court Level | Municipal Court |
| County/Appellate District | San Bernardino |
| Discipline/Determination | Censure |
| Decision By | Supreme Court |
| Date of Decision | 09/19/1974 |
| Method of Resolution | Decision |
| Types of Misconduct | Abuse of contempt/sanctions Administrative malfeasance/improper comments, treatment of colleagues and staff Bias/appearance of bias not directed toward a particular class Demeanor/decorum Disqualification/disclosure/post-disqualification conduct Failure to ensure rights On-bench abuse of authority in performance of judicial duties |
| Petition For Review | |
| Summary | Judge McCartney engaged in angry criticism of public defenders for filing affidavits of prejudice against him. Also, before taking the stand as a witness in several cases, he failed to tell counsel of the substance of his intended testimony. The judge also engaged in improprieties in his examination of witnesses. The Supreme Court determined to censure rather than remove Judge McCartney, as the commission had recommended. |
| Documents |