COMMISSION ON JUDICIAL PERFORMANCE

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 2,
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VOLUME 2,
PAGES 251
525
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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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L - - - - - - - - - - - I N RE CJF NC.
185
4/2/09--------~-----l
251
MR.
MURPHY:
SPECIAL MASTER CORNELL:

need this evening.
staff.
problems,
we'll a
So that's all we ask,
ingly with t
is if you anticipate
please inform us as early as possible and
ust.
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Should we
inquire with Madam Court Reporter?

THE REPORTER:
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That's fine.
Mr.
Thank you.
Blum,
Exhibit 39
and 40 will be received.
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(Examiner's Exhibits 39 and 40 admitted into
evidence. )
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And,
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Mr.
Blum,
you may call your next
witness.
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MR.
BLUM:
Thank you,
Your Honor.
Examiner calls Robbi Joy.

Raise your right
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We can plan acco
SPECIAL MASTER DE BELLEFEUILLE:
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Go as long as you
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Hopefully before 4:30.
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hand.
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---000--
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ROBBI JOY
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having been first duly sworn,
testified as follows:
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---000--
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Please be seated.
State your full name and spell your last name.

L - - - - - - - - - - - - - I N RE CJF NO.
185- 4 / 2 / 0 9 - - - - - - - - - - - - - - - 1
376
last name is Joy,
You may examine.
MR.
BY MR. BLUM:
12
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Good afternoon.
A.
Good afternoon.
Q.
Ms.
A.
I am a court reporter.
Q.
And how long has that been your occupation?
A.
Just a bit over 20 years.
Q.
Where are you currently working?
A.
In the Santa Clara County court services
Joy,
Q.
Can you briefly tell us what courts you have
previously worked in?

A.
I began in Los Angeles Federal Court,
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moved north.
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Eldorado County,
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Santa Clara.
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Q.
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what is your occupation?
system.
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Q.
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Your Honor.
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Thank you.
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Thank you,
DIRECT EXAMINATION
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BLUM:
J o-y.
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My first name is Robbi,
THE WITNESS:
and
I've worked in Sacramento County,
Amador County_
And,
of course,
Yolo County.
Have you worked in both state and federal
courts?
A.
Yes.
L------------------------IN RE CJF NO. 185 -
4/2/09--------------------~
377
Q.
Do you have a security clearance?
A.
or
k
actually have a top secret security
It's expired by this time.
I worked on
clearance.
the Richard Miller spy trial in federal court.
Q.
Sacramento?
A.
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Q.
What year was that?
A.
I'm trying to think.
Q.
When you arrived in Sacramento,
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for a court?
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for?
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did you move to
Yes.
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At some point in your career,
A.
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I believe 2005.
Did you freelance?
did you work
Who did you work
freelanced but mostly for courts.
I was
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hired through -- Linda Lucky is the coordinator in
15
Sacramento County,
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sent me on the Court assignments more than anything.
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also worked for a couple of agencies,
Q.
Prior to March 2006,
and they also
had you ever worked in
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and they hire per diem reporters.
or
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Judge McBrien's courtroom?

A.
had been in his courtroom a couple of times
21
but just because he calls the master calendar,
22
means he goes through the cases,
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other courtrooms.
24
had just been
25
judge.
which
then assigns them to
And before this particular case,
the case I was on was sent to another
L-------------------------IN RE CJF NO. 185
4/2/09 - __________________........l
378
Q.
did you serve as the court
or
k
reporter
(Noise interruption.)
(Discussion off the record.)
MR.
THE WITNESS:
reporter . . . "
BY MR.
10
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Q.
. .. in the case of Carlsson vs.
A.
Yes,
Carlsson?
I did.
She can do her own
read backs.
THE WITNESS:
14
BY MR.
I'm sorry.
MURPHY:
Q.
Did you serve all three days of that trial?
A.
Yes,
Q.
Do you remember who the attorneys were in the
A.
Sharon Huddle and
I did.
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BLUM .
SPECIAL MASTER ANDLER:
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"Did you serve as the court
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finished the
question.
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I'm not sure if I
BLUM:
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In March of 2006,
case?
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me.
Her last name is Keeley,
the first name escapes

K-e e-l-e y.
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Q.
And who hired you to report that trial?
23
A.
The Diamond Court Reporting agency.
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Q.
Okay.
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reporter,
So they got a request for a court
and they sent you out to this case?
~-----------------------IN
RE CJF NO. 185
4/2/09---------------------~
379
A.
Correct.
Q.
Before the Carlsson trial,
had seen her on one other occasion in
A.
Auburn,
on one of the cases,
so I did remember her name.
Were the two of you friends?
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A.
No.
Q.
Do you have a social relationship?
A.
No.
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first.
12
spoke.
13
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So she was
it was a law-and-motion calendar.
Q.
I did recognize her.
I wasn't sure at
recognized her out in the lobby,
Q.
Just this afternoon?
A.
Just this afternoon.
and we
Spoke a couple of
times.
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Q.
During the Carlsson trial,
how would you
describe Judge McBrien's behavior towards Attorney
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Huddle?
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Attorney Sharon Huddle?
did you know
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A.
Demeaning.
This is hard.
He is a judge.
20
have no i l l will toward him.
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me that he seemed to have an amicable relationship
22
with Ms.
23
Ms. Huddle.
Keeley,
But it was remarkable to
but he seemed so irritated with
In fact,
I asked the deputy
24
MR. MURPHY:
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Objection -
' - - - - - - - - - - - - - - I N RE Cc7F NO.
Sus
185 - 4 / 2 / 0 9 - - - - - - - - - - - - - - '
380
MR.
he was demeaning towards Ms.

A.
A couple of times she asked for just a brief
break.
restroom,
calls to make," and he said,
repeatedly threatened a mistrial.
frankly,
"I want to use the
She finally said,
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and you've given me a couple of tasks,

"one minute."
phone
And he
I've seen this
10
happen.
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already Friday and it seems to be going on and on,
12
that the judge may say,
13
or "none of us want a mistrial. "
14
at least five times said,
15
Just,
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course,
17
Q.
If you say i t ' s to wrap up Friday and i t ' s
"We're headed for a mistrial"

But he,
I would say,
"Do you want a mistrial?
Ju
let's have a mistrial, " which is something,
Did the judge's poor demeanor towards
Huddle begin on the first day of trial?

A.
Yes.
20
Q.
Did it continue throughout the trial?
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A.
Yes.
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Q.
Did you observe Ms.
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of
that nobody wants to have to go through.
Ms.
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Huddle?
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What did the judge do that makes you say that
Q.
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BY MR.
hearsay.
MURPHY:
Huddle do anything that
would justify Judge McBrien's attitude towards her?

A.
No.
I felt that she and Ms.
Keeley comported
themselves as professionals.
L-------------------------IN RE CJF NO. 185
4/2/09--------------------~
381
or disrespectful to the judge?
A.
No.
Q.
I think you touched on this,
Judge McBrien treat Ms.
In a much more respectful manner.
Q.
Did Judge McBrien treat you poorly?
A.
No.
Q.
Were the attorneys rude to each other?
A.
No.
Q.
In your years as a court reporter,
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ever seen a
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Judge McBrien behaved towards Ms.
14
15
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judge behave this way,
A.
Not to be glib,
Q.
SO that's a no?
A.
That's a no.
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the way
Huddle?
but not even on television.
if they're consuming time or if it's just
for a reason.
or
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if
have you
certainly have seen judges lose their
ia
temper,
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Keeley?
but how did
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Huddle was ever rude
or
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Would you say that Ms.
Q.
But I
have not seen a judge,
without
20
some prior history of dealing with this attorney or
21
or for some other reason,
22
for them.
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24
25
Q.
just seeming to have disdain
During a break in the proceedings,
overhear Judge McBrien speaking to Ms.

A.
Yes,
did you
Keeley?
did.
L - - - - - - - - - - - - - - I N RE CJF NO.
185
4/2/09---------------'
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Q.
Do you recall about what day of trial that
A.
Q.
And what did you hear the judge say?
was?
MR.
THE WITNESS:
10
Hearsay.
Overruled.
Ms.
Keeley said to the judge,
Ms.
Huddle
MR.
MURPHY:
Objection.
Hearsay.
Overruled.
She's
11
just supplying content to the answer of the judge,
12
let's
13
It actually got picked up on my
14
.wav file on my computer.
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BY MR.
"Ms.
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BLUM:
Q.
What did you hear the judge say?
A.
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heard Ms.
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And he said,
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said,
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Ms.
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Keeley say to the judge,
Kee ey" -- I'm sorry.
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so
isten.
THE WITNESS:
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Objection.
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"She"
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be ieve it was the last day of trial.
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Keeley said,
Ms.
Huddle left.
"She doesn't get it yet,
"She doesn't seem to."
does she?"
And Ms.
Keeley
"I guess she doesn't see what's happening here."
can't say what that means.

Q.
Okay.
And Ms.
Huddle was not in the
courtroom at that moment?
A.
She was not.
' - - - - - - - - - - - - - I N RE CJF NO.
185 -- 4 / 2 / 0 9 - - - - - - - - - - - 1
383
At some point, did the Court clerk tell you
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Q.
that the judge wanted a partial transcript?
A.
Yes,
she did.
Q.
When did she tell you that?
A.
You know -- I'm sorry.
brief break,
I believe,
Ms. Huddle.
And the clerk called me over,
whispered to me,
portion of the transcript for himself,
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It was during that
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that the judge gave to

and she
"The judge wants just this particular

and he
instructs you not to tell anyone."
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MR. MURPHY:
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12
Objection,
Your Honor.
Overruled.
lawyer opened the door.
13
MR.
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BLUM:
17
BY MR.
Go ahead.
This was a while back,
but that
remember as being so incredibly remarkable.
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The
You may finish.
THE WITNESS:
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Hearsay.
Okay.
I'm not sure the record picked up what
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Q.
BLUM:
the clerk was saying.
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A.
Oh.
She told me that the judge was
21
requesting a particular portion that had to do with
22
Mr. Carlsson's employment and that I was not to tell
23
the other parties.
24
not to tell anyone."
25
that says,
And she repeated that,

And I
said
"He said
even have a form
"Such and-Such has been transcribed and is
L------------------------IN RE CJF NO. 185 -
4/2/09--------------------~
384
available to you."
make whatever is transcribed that is now public record
available to all parties.
the opportunity in the lobby,
and told them exactly what he had asked for and asked
if they wanted a copy also.
judge,
transcri
No.
trial,
12
transcript,
13
anyone.
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Q.
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s
ask for a
I've had,
most especially in a court
a judge want to review a certain part of the
A.
but I've never been instructed to not tell
Did you transcribe that portion of the
transcript,
16
the testimony that the judge requested?
Yes,
I did.
sent it the next day_
Ju
it through the Administrative Office.
sent
And the judge's
clerk called me and said they didn't get it.

sent a copy directly to chambers.
then
They said they
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have you ever had a
and direct you not to tell anybody else?
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approach both counsel
either directly or through the clerk,
A.
10
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as soon as I had
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And I did,
Other than this occasion,
Q.
I've been taught that you are to
or
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still didn't get it and that it would be best to
21
email it.
22
23
Q.
So that,
I did.
The second request you just described,
was
that sometime after the trial?
24
A.
Yes.
25
Q.
Do you know approximately when,
L-------------------------IN RE CJF NO. 185
what month
4/2/09 _ _ _ _ _._ _ _ _ _ _--1
385
perhaps?
or
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I produced the first one just the next day,
A.
and then got the phone call from her probably three
weeks later.
number,
there was a signature obtained.
actually guessing.
later.
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send everything UPS and had a tracking
You've done some transcripts before in
11
A.
A couple.
Q.
But you were asked for it a third time?
A.
Yes.
Q.
Was that some months later?
A.
Yes.
Q.
And did you send it again that time?
A.
Yes.
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15
16
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San Jose,
and I
By that time,
Because it was already done;
or
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21
22
it was just a matter of
attaching a file.
To whom did you
e-mail it?
23
THE WITNESS:
24
his clerk gave to me,
25
I had already moved to
e-mailed it probably within a day.
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Sure.
your career?
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I'm
I believe it was about three weeks
10
12
al
I believe it
I've done so many trials.
Q.
so I'm very certain of these things and that
I e-mailed it to the address

which was her personal e-mail.
Thank you.
L------------------------IN RE CJF NO. 185 - 4/2/09---------------------
386
BLUM:
There is a binder in front of you.
Q.
3
be the one that's open.
The transcript from the
4
trial.
Your Honor,
may I
THE WITNESS:
BY MR.
A.
Q.
13
Q.
The witness is testifying?
A.
Yes.
Q.
At Line 21
20
Q.
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Huddle is asking a
Yes.
A.
19
21
at Line 19, Ms.
A.
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Yes.
question of a witness on the stand.
15
17
Looking at the bottom of transcript
Page 462
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14
Thank you.
BLUM:
Q.
10
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Certainly.
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glasses?
get my
THE WITNESS:
It might
or
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BY MR.
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EPa.
ght.
the judge states,
"Pardon me.
have an
Court is in recess."
22
A.
Correct.
23
Q.
Do you recall this happening?
24
A.
Yes,
25
Q.
And he stepped out for a moment?
do.
L - - - - - - - - - - - - - I N RE CJF NO.
185 -
4/2/09-------------'
387
didn't really know what EPO meant.
i t ' s an emergency phone call of some kind.
4
the room and never did return.
He left
He stuck his head
"This trial is over."
around the corner and said,
Apparently
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to
He went
He stepped out for the duration.
A.
Just
never donned his robe.
6
never resumed the bench,
He
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announced that the trial was over.
Q.
So he announced,
A.
"Pardon me.
"Pardon me.
have an EPO.
have a call"?
Court is in
recess."
10
11
Q.
And he stepped out of the courtroom at that
A.
That's correct.
Q.
And then you indicated he later -- to use
time?
12
13
14
15
your words,
A.
16
He stuck his head around the corner and said,
17
" T his t ria 1
18
stand,
i s
ve r . ",
believe.
We still had a witness on the
Yes.
We were in the middle of a
Ju
he stuck his head in the door?
question.
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Q.
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Okay.
So he came back -
21
says,
the Court speaking,
22
adjourn this.
23
This trial has ended."
at Line 27,
it
"We're going to have to
The county operator is on the phone.

Do you see that?
24
A.
That's correct.
25
Q.
Is that when he was near the door speaking?
~------------------------IN
RE CJF NO. 185
4/2/09--~----------------~
388
Yes.
Q.
And Ms.
3
attorney's fees,
or
k
A.
Huddle says something about her
and the Court responds,
"Then I ' l l
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4
reserve over that issue, or you can get a mistrial.
One or the other."
A.
That's correct.
Q.
Do you remember that exchange?
A.
Q.
What happened next?
A.
We all sat there.
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do.
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being formally dismissed,
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should do.
MR.
13
15
won
MR.
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Q.
BLUM:
red what we
the clerk said
Objection.
Ask your next question,
16
Hearsay.
Sustained.
please.
Sure.
So after the judge left,
being near the door he left,
and
after apparently
-
you hadn't been
18
MURPHY:
and I
14
17
At one point,
I'm not accustomed to not
officially excused?
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20
A.
That's correct.
21
Q.
Were the parties and the attorneys still
22
sitting there at counsel table?
23
A.
Yes.
24
Q.
Did the judge ever return?
25
A.
No.
IN RE CJF NO. 185
4/2/09
389
Q.
Did you kn
A.
No,
guess -- I
finally said,
building."
any longer.
he said
"He's gone.
the clerk
So of course there was no reason to stay
Your Honor.
Sustained.
MURPHY:
BLUM:
As to what the witness said?
Go ahead.
Ask your
next question.
12
THE WITNESS:
13
BY MR.
14
15
Okay.
BLUM:
Q.
So you said the clerk said,
"He's gone."
that when you and the other people in the Court
17
decided it was time to leave?
Ju
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18
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20
left,
21
left?
22
23
24
25
and
The witness was still on the stand,
Objection,
MR.
11
He's not even in the
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if
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After a while,
don't know if I can say this
MR.
al
really didn't.
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or
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A.
Ye s.
Q.
How long do you think
Is
after the judge
how long do you think you were there before you
A.
Could I
clarify something?
Do you mean after
he left to take the phone call?

Q.
The second time,
when he was near the doorway
and left again and never returned.

' - - - - - - - - - - - - - - - - I N RE CJF NO.
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390
Q.
Now,
15 minutes.
20.
if you look back at the transcripts,
Page 463,
room," there is stilJ
attorneys and the witness.
"May I go?"
Ms.
after it says,
at Line 10,
a few recorded statements by the
The witness is asking,
And then it ends on Line 20 with
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Keeley making a statement.
orting the
proceedings?
10
A.
Yes.
This exchange was with the attorneys

The judge wasn't in the room.
11
and the clerk.
12
yes,
13
the last thing that I wrote,
14
I have -- I had a time stamp on,
Q.
16
the judge left.
17
recording-
Ju
after this?
and so that was
at 4:29.
You said you stayed for 15 minutes after
Yes.
After Line 20,
you stopped
orting?
It was after he said that the trial was
A.
But,
Did you stay in the courtroom for a while
15
18
"the judge exits
That's where you stopped r
or
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Oh,
et
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A.
over that we stayed there for 15 or 20 minutes.
20
not on the record,
21
not even here."
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22
Q.
23
reporting?
24
A.
25
It's
but the clerk announced that "He's
That's when we decided to leave.
That occurred sometime after you stopped
Yes.
They were still -- it was unclear for
me because I'm not accustomed to going off the record

~------------------------IN
RE C,]F NO. 185 -
412109-----------------------~
391
until someone says,
rather have too much and take it out later than just
stop on my own volition.
conversation after that with them asking the clerk
what to do,
et
w
10
BLUM:
No further questions.
MR. MURPHY:
11
12
CROSS-EXAMINATION
13
BY MR. MURPHY:
14
Q.
15
16
18
rn
i
Joy,
No,
Q.
Ever spo
A.
No.
Q.
Thank you,
Mr.
Your Honor.
my name is Jim Murphy.
We have
we have not.
n?
'm interested in this testimony you gave
20
relative to a conversation between Ms.
21
Judge McBrien in court when Ms.
22
Murphy.
have we?
A.
Ju
17
19
Ms.
never met,
have you
have never seen that.
MR.
if
o
In your years as a court reporter,
di
ci
C al
JB B
N ra
N nc
.c h
om N
ew
A.
al
stopped reporting here.
ever seen a trial end like that?
There was a bit of
Q.
but I
or
k
Keeley and
Huddle wasn't present.
Do you recall that testimony?
23
A.
Yes,
24
Q.
What day of the trial did that occur?
25
A.
I'm not sure.
do.
' - - - - - - - - - - - - - - - I N HE CJF NO.
185 -
4/2/09 _ _ _ _ _ _ _ _ _ _---.J
392
Q.
Was it the first day?
A.
No.
Q.
Second day?
A.
Second or third.
Q.
Second or third.
courtroom?
8
9
10
11
12
13
14
15
et
w
A.
Yes.
Q.
The judge had called the recess?
A.
Q.
What time of the day was it?
A.
Q.
Morning?
A.
don't recall.
don't recall.
don't mean to be a broken record,
17
Ms.
but I
know we were in recess because
Ju
Huddle wasn't in the room.

Q.
Was the clerk present?
A.
No.
20
Q.
Was Mr.
21
A.
No.
22
Q.
Was Mrs.
23
A.
24
Q.
Was there a witness on the witness stand?
25
A.
No.
ia
or
n
if
During a recess?
don't recall.
19
al
Q.
16
18
Yes.
di
ci
C al
JB B
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N nc
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ew
A.
And this was inside the
or
k
Carlsson present?
Carlsson present?
believe so.
L------------------------IN RE CJF NO. 185
4/2/09--------------------~
393
Q.
Were there
A.
No.
Q.
So the only people in the courtroom were you,
A.
Q.
11
prepared,
12
Ms.
13
14
15
16
That's my best recollection.
Did you ever note,
this conversation between the Court and
A.
We were not on the record.
Q.
That's not my question.
A.
No,
Q.
How long was the recess when this
did not.
A.
I'd say five minutes.
Q.
And during that five-minute period of time,
Judge McBrien remained on the bench?
A.
Yes.
22
Q.
That was his customary practice,
24
25
it
in the transcript that you
21
23
don't
Keeley?
Ju
a
rn
i
if
o
You specifically recall this?
conversation allegedly occurred?
19
al
Carlsson was
was a while ago.
10
Keeley.
di
ci
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JB B
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N nc
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om N
ew
A.
20
and I believe Mrs.
Q.
18
The deputy,
sitting there with Ms.
17
Keeley?
et
w
the judge and Ms.
or
k
to remain on
the bench during recesses?
A.
Due to the fact that this is the one and only
trial I've ever done with him,
L-------------------------IN RE CJF NC. 185 -
can't testify as to
4/2/09----------------------~
394
Q.
Let l s talk about this trial then.
A.
There were few recesses,
Q.
During recesses,
et
w
Q.
Except for this one time,
A.
Ms.
We arrived back in the courtroom before
We had reconvened.
Huddle.
Ms.
12
13
Q.
You had returned to court?
A.
Yes.
Q.
So you went on a recess,
judge was there along with Ms.
14
15
16
came back,
and the
Keeley?
A.
That l s
Q.
And there was no one else present except for
right.
the bailiff?
Ju
17
ia
18
or
n
19
A.
I believe Mrs.
Q.
Now,
A.
Yes.
22
Q.
If I
Carlsson.
let's talk a little bit about where you
sat in this courtroom.
21
All right?
am one of the parties in the Carlsson
23
matter and 11m addressing the Court,
24
would you be on?
25
Huddle and her
client were talking in the hallway still.
11
20
correct?
di
ci
C al
JB B
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N nc
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ew
That's correct.
10
if
would he not?
A.
al
ambers,
Judge McBrien would leave
the bench and return to
if any.
or
k
his custom and practice.
A.
was
which side of me
it was actually set up in this
L-------------------------IN RE CJF NO. 185 -
4/2/09----------------------~
395
(gesturing):
the witness stand was here,
her being a court reporter,
tell people not to talk.
di
ci
C al
JB B
N ra
N nc
.c h
om N
ew
Q.
A.
12
perspective?
13
BY MR.
14
Q.
15
From the judge's
MURPHY:
From the judge's perspective,
you would be to
the judge's left; right?
16
A.
I would be at his 8:00.
Yes,
I would be
Ju
left.
rn
i
19
if
o
is that
Yes.
11
al
You would be to the judge's left;
correct?
10
I'm sorry.
BY MR. MURPHY:
20
that she talks the way we
THE WITNESS:
et
w
18
This is interesting,
17
above me.
or
k
manner,
Q.
And where was the witness stand?
A.
The witness stand was to my right and
slightly elevated.
21
Q.
22
the witness?
23
A.
And while you report a witness,
That's 50/50.
do you watch
If I'm especially having any
24
trouble hearing or understanding them,
25
them directly so that I can -- it hel

L------------------------IN RE CJF NO. 185
like to face
4/2/09--------------------~
396
understand what they're saying and to see when they're
responding.
Carlsson,
Court or did you face counsel?
A.
did you face the witness or did you face the

Who did you face?
For most of the trial,
I was looking straight
ahead and had full view of counsel table;
judge was off to my right side and,
elevated.
di
ci
C al
JB B
N ra
N nc
.c h
om N
ew
10
11
Q.
L>
13
14
15
Now,
this particular courtroom,
did it have a
Yes.
Q.
Was the bench elevated?
A.
Yes.
Q.
How high?
A.
I'm not
Q.
Fair enough.
A.
that good at measurements.
would say higher than this bench,
doesn't do the record much good.
which
If this bench is
al
if
o
rn
i
19
of course,
they were in my peripheral vision.
A.
Ju
16
18
I had
and the
bench?
1 ')
17
Carlsson vs.
in this particular matter,
et
w
Well,
Q.
:3
or
k
20
I would say the judge was sitting about four feet
21
above me.
22
Q.
Four feet above you while you were in trial?
23
A.
Yes.
24
Q.
Okay.
25
NOw,
when the judge leaves the bench,
does he walk down stairs?

L------------------------IN RE CJF NO. 185
4/2/09----------------------~
397
A.
He exits to his right and -- so I don't hdve

I
can see him walk
full view since it is elevated.
off to the right and to the back room somewhere.
So you would have the bench between you and
the judge when he leaves the bench?
et
w
Q.
or
k
A.
I'm not following that.
Q.
If the judge were to leave the bench and walk
di
ci
C al
JB B
N ra
N nc
.c h
om N
ew
out,
would it not?
A.
11
12
in other
Not my Vlew of him standing and walking away,
above the bench.
13
Q.
As he walks down the steps leaving the
bench
14
15
A.
Yes.
Q.
-- was
A.
Yes.
Q.
All right.
your view obstructed by the ben
After he was down off of the bench.

I
want to go to the transcript
Ju
16
18
It's obstructing your view,
words?
10
17
the bench would be in your view of the judge,
and did you accurately record the trial?
al
if
o
rn
i
19
20
A.
Yes.
21
Q.
And when you accurately recorded the trial,
22
23
you did so based upon your court reporter's notes?

A.
No.
I was writing realt
And when you're
24
writing realtime and your writer is plugged into your
25
computer,
just as this reporter
L-------------------------IN RE CJF NC. 185
(gesturing),
it is
412109--------------------~
98
automatically translated from your notes to the
English language and your personal dictionary,
dictionary you created for that particular case.
di
ci
C al
JB B
N ra
N nc
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om N
ew
THE WITNESS:
10
I meant when I
11
what i t ' s called.
I apologize.
That's what
said my .wav file picked it up.
That's
Was the audio
13
recording device on throughout the course of the trial
14
each day?
THE WITNESS:
15
had you
obtained permission from the Court to audio record the
proceedings?
18
By the way,
Ju
17
Yes.
16
THE WITNESS:
20
There was a time where you had to ask.
rn
i
19
if
o
Yes.
12
al
or
k
recording system?
excuse me.
Is your machine equipped with an audio
7
8
for the page,
While you're looking
I would like you to turn to Page ...

et
w
Q.
the job
21
record.
No,
because i t ' s now legal to
I'm not debating
I'm inquiring whether you
22
whether i t ' s legal or not.
23
obtained permission from the Court.
24
THE WITNESS:
No.
25

L-----------------------IN RE CJF NO. 185
Was the audio

412/09--------------------~
399
recording device operating during this exchdnge Lhdt
you've testified to between the judge and Ms.
allow counsel to continue.
BY MR.
10
11
13
14
16
A.
No.
Q.
Now,
Q.
Do you see where it says "Surrebuttal
Huddle"?
A.
Yes,
I do.
Q.
Surrebuttal examination occurs after the
Ju
a
rn
i
does it not?
A.
Yes.
Q.
That's your language there,
Examination by Ms.
Yes.
22
Q.
And Ms.
25
or
k
Okay.
A.
24
want you to address your attention to
A.
21
23
Did you bring that with you today?
party's case in-chief,
19
if
o
Q.
Examination by Ms.
15
al
MURPHY:
Page 457 of the transcript.
12
20
I'll
di
ci
C al
JB B
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N nc
.c h
om N
ew
18
Thank you.
17
because i t ' s voice
activated.
Yes,
et
w
THE WITNESS:.
Keeley?
Huddle";
"Surrebuttal
right?
Huddle was presenting a surrebuttal
case at that time?

A.
I ' l l have to review this just to be -- I
don't have it memorized.
' - - - - - - - - - - - - - - I N RE CJF NO.
185 -
4/2/09-------------l
400
Q.
Ms.
apologize.
Huddle;
It's surrebuttal examination by
correct?
et
w
or
k
(Witness examines document.)
A.
Yes.
Q.
And that was the surrebuttal examination of
8
9
10
Carlsson's expert; right?
Mrs.
A.
Yes.
Q.
And let's take a look at Page 461 now.
A.
Yes.
Q.
And this is also testimony that you recorded;
di
ci
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JB B
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ew
correct?
11
12
13
14
Ms.
15
16
Yes.
Q.
And it refers to "Rebuttal Examination by
Huddle";
right?
A.
Yes.
Q.
So Ms.
presenting Mr.
Ju
17
A.
A.
to your understanding,
Shah as a rebuttal witness;
was
right?
Those aren't really my judgment calls.
I put
ia
18
Huddle,
that language in if they say "recalling so and-so on
or
n
19
al
if
20
Then I label it.
rebuttal."
21
Q.
That's how you characterized it;
22
A.
No,
I don't characterize it.
23
will say,
24
then I
25
rebuttal or surrebuttal.
right?
The attorney
"I'm calling this person on rebuttal," and
label it as such.
'------~-------IN
I don't decide if i t ' s
RE CJF NO.
185 -
4/2/09-----~
401
3
A.
I don't see i t in the transcript.
Q.
Pardon me?
A.
I don't see it in the transcript.
Q.
So you characterized i t as a
di
ci
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JB B
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N nc
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ew
10
A.
No.
Q.
I'm trying to find out -- you said you only
Are we arguing here?
use rebuttal when the attorney uses that term.
12
characterized it as rebuttal.
13
A.
Well,
15
typical.
16
witness?"
17
And then I also don't say "Do you solemnly,
Ju
a minute and said,
blah";
19
"Who's your next witness?"
"What are we doing now,
I say "sworn."
20
A.
Yes.
21
Q.
-- you were hired -
rn
i
and who's your next
Joy -
your firm was hired by
Huddle to report this trial;
23
A.
24
called them,
25
Q.
Yes.
blah,
It's not that verbatim.
Ms.
Ms.
It's
"I'm going to call So-and So on rebuttal."
Q.
22
You
they could have gone off the record for
14
18
if
o
rebuttal
witness?
al
or
k
calling a rebuttal witness?
et
w
Well, Whe1.'(0 did Ms. Huddle SdY tlldL she wds
Q.
correct?
I'm kind of a subcontractor.
She
and they just send someone out.
But the organization,
~-------------------------IN
the Court reporting
RE CJF NO. 185 _.
4/2/09----------------------~
402
firm,
was hired by Ms.
Huddle;
right?
or
k
A.
Yes.
Q.
And did you attend court that morning of
March 2,
2006 with Ms.
Hudd e?
A.
No.
Q.
When you went to court,
you go to?
di
ci
C al
JB B
N ra
N nc
.c h
om N
ew
8
9
10
A.
Let me look at the beginning.
Q.
Was that the Master Calendar Department for
A.
can say I
believe it must have been,
12
really don't want to guess.
13
where he always does preside.
14
in 124,
15
Q.
do believe that that's
And he keeps some cases
and that was the case with this.

Do you know who the presiding judge of the
A.
No.
Q.
Now,
when you went to court that day,
did you
18
but I
family law courts was in 2006?
Ju
17
124.
the family law courts?
11
16
what department did
et
w
have an understanding of how long the trial was going
20
to last?
al
if
o
rn
i
19
21
A.
Yes.
22
Q.
Was it your understanding that it was a
23
two-day trial?
24
A.
No.
25
Q.
What was your understanding?
' - - - - - - - - - - - - - - - I N RE CJF NO.
.185 -
4/2/09 _ _ _ _ _ _ _ _ _ _---..J
403
Two and a h
Q.
Who told you two and a half?
A.
The agency,
the attorneys.
or
k
A.
When they hire
they hire me for a certain period of time.
me,
to work there through the end of Friday.
trial,
days?
MR.
10
BLUM:
Objection.
Misstates the
Sustained.
BY MR. MURPHY:
13
14
was going to be two and a half
testimony.
11
12
before trial,
Huddle that the
di
ci
C al
JB B
N ra
N nc
.c h
om N
ew
So you were told by Ms.
Q.
Did Ms.
Huddle tell you prior to tria
the
trial was going to last two and a half days?
15
A.
I never spo
with Ms.
Huddle.
I was sent
16
out by the agency,
17
out with an estimate that they have been given.
Ju
and I believe they just send you
I'm guessing how it came to be.
But
They just hire me for
18
was
Q.
et
w
X number of days.
rn
i
19
al
if
o
20
21
Q.
Do you know that the parties estimated the
trial to be two days?
22
A.
No,
23
Q.
During the course of the trial,
24
25
I don't know that.
recesses taken;
A.
there were
right?
Not every day or every morning or afternoon.
L - - - - - - - - - - - - - I N RE CJF NO.
185 -
4/2/09-------------1
404
--.--~--.-
a break."
Q.
Huddle finally saying,
It was pretty much a push,

Well,
"I have to have

which happens.
would you say that the judge was
working hard to get that case completed?
A.
I'd say everyone involved was.
Q.
vvould you say the judge was?
A.
Q.
Did the judge frequently
10
11
12
there was a day
14
15
A.
Yes.
Q.
And that trial started about 9:00 In the
A.
Yes.
Q.
And went through until about 12:52 in the
afternoon;
16
That sounds right.
Q.
And you took a lunch recess of about 40
minutes?
ia
18
right?
A.
Ju
17
or
n
19
A.
really don't remember this.
Q.
Would you agree that Judge McBrien was
working hard to get the parties to complete the trial?
22
A.
23
Q.
And you also testified that Ms.
24
25
right?
morning?
13
21
can't answer that.
that you were in trial for one whole day;
20
_L
di
ci
C al
JB B
N ra
N nc
.c h
om N
ew
if
..
I do recall Ms.
al
__ ._-.- _--
- -..
or
k
- _ . _ - -.._---.._--
et
w
--~--
..
~-~~
your mind,
A.
don't have an answer.
was being professional;
Huddle,
In
right?
Yes.
L - . - - - - - - - - - - - - I N RE C.JF NO.
185
4/2/09 - - - - - - . - - - - - '
405
Q.
A.
or
k
exhibit list?
can only testify as far as her demeanor is
et
w
Do you know
She would
That has nothing to do with me.
concerned.
have submitted that to the clerk.
Q.
When did you prepare this partial transcript?
A.
The very evening that she requested it.
di
ci
C al
JB B
N ra
N nc
.c h
om N
ew
Q.
would like you to take a look at
Exhibi t
17.
10
A.
Oh.
Q.
In the thicker book,
11
12
"McBrien 185,
13
14
15
16
18
which on its spine says,
Exhibits 1-36."
A.
Got it.
Q.
Exhibit 17,
A.
Yes,
Q.
Is this the partial transcript that you
this is a partial transcript?
it is.
prepared?
Ju
17
Here?
Except there's a header on it,
20
Q.
What header is that?
21
A.
It says,
22
Judge."
23
Q.
Who put that on?
24
A.
which I
never
A.
do.
al
if
o
rn
i
19
25
"March 3,
don't know.
'06,
Carlsson,
Partial For
I don't use headers.
never
have.
L------------------------IN RE CJF NO. 185 -
4/2/09--------------------~
406
, - - - - - - - - .. - - . -
A.
e-mailed it.
Q.
When did you first send the transcript to the

the transcript the Court requested?
A.
believe the 4th.
It looks as if she asked
di
ci
C al
JB B
N ra
N nc
.c h
om N
ew
It may still be in my computer.
Court,
et
w
I prepared it and sent it to them and then I
or
k
for the Court?
Where is the partial transcript you prepared
Q.
.. ---~.
for it on the 3rd.
I did it that evening and sent it
out on the fourth.
10
11
Q.
Do you have any documents to show when you
sent this transcript,
A.
12
know it was the next day.
No.
you said,
I tracked it through UPS.
13
moved about four times.
14
that.
15
17
I wouldn't be able to locate
Did you send it by registered mail?
A.
UPS ground.
Q.
Do you have in your possession any
documentary evidence showing receipt of the first
18
I've since
Q.
Ju
16
to Judge McBrien?
transcript that you sent to Judge McBrien?
al
if
o
rn
i
19
20
A.
No.
21
Q.
By the way,
just so that we're clear,
did you
22
ever speak with Judge McBrien about preparing a
23
transcript?
24
A.
No.
25
Q.
And you weren't present when he had whatever
L - - - - - - - - - - - - - - I N RE CclF NO.
185 - 4/2/09-----------........1
407
discussion he had with his clerk ab
A.
That's right.
Q.
NOw,
A.
No.
Q.
You just left i t in the computer?
di
ci
C al
JB B
N ra
N nc
.c h
om N
ew
A.
Yes.
Q.
And then you were requested -- withdraw that.

Did you advise Ms.
10
11
did
Huddle that you had been
requested to prepare a partial transcript?
A.
12
advised Ms:
Keeley and Ms.
Huddle right
13
after -- that same day that i t had been requested of
14
me,
15
before I
Q.
16
even did it.
So you told Ms.
Huddle that you had been
requested to prepare a partial transcript;
right?
And Ms.
Q.
Let's just talk about Huddle first.
A.
Okay.
20
Q.
You told Ms.
21
A.
Yes,
22
Q.
Did she request a copy of the transcript?
23
A.
24
Q.
Now,
18
Ju
A.
17
rn
i
19
if
o
when you prepared the transcript,
you keep a hard copy?
al
or
k
right?
et
w
transcript;
25
1
L
Keeley.
Huddle;
right?
did.
don't recall.
when you advise a
_t_r_a_n_s_c_r_i_p_t_r_e_q_u_e_s_t ,
lawyer that you have a
you a d vis e the 1 a wy e r
IN RE CJF NO.
in w r i tin g ,
185 - 4/2/09
408
A.
Not always.
Q.
Don't you have
form that you use that you
give to the lawyers for ordering a transcript?

A.
have a form that I
mail to attorneys after
or
k
do you not?
et
w
the fact.
to the other side and let them know that i t ' s been
requested.
no.
Q.
But if they are right there on the spot,
Did you provide a form to Ms.
13
A.
No.
Q.
Did you -- you asked Ms.
14
Ms.
15
transcript?
16
A.
Keeley_
Did
Keeley tell you that she wanted a copy of the
Ju
either.
Q.
I don't recall.
just didn't.
So Ms.
I didn't give her a form
I did it verbally.
Keeley and Ms.
Huddle were both told
18
Huddle for
requesting the transcript?
12
17
then I ' l l mail that
di
ci
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JB B
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10
11
If someone contacts me,
by you of the request for a partial transcript;
20
correct?
al
if
o
rn
i
19
21
A.
Yes.
22
Q.
And did you tell them what portion of the
23
24
25
transcript had been requested?
A.
I gave them some kind of reference point.
believe it was the cross-examine of Mr. Carlsson with

' - - - - - - - - - - - - - - - - I N RE elF NO.
J85
4/2/09-------------------~
409
regard to employment.
remember things like this.
Did you submit a bill to the Court for
et
w
Q.
or
k
I'm really s
payment?
A.
Yes.
Q.
Do you have a copy of that bill?
A.
No.
10
11
12
13
A.
Yes.
Q.
A form bill?
A.
Yes.
Q.
Through Diamond Court Reporting?
A.
No.
I billed the Sacramento Court because
Q.
Did you yourself bill,
or did Diamond
Reporting bill?
A.
No.
Q.
All right.
I did.
When was the second request made
18
Was the bill in writing?
Ju
17
Q.
the judge requested it.
15
16
di
ci
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14
for a copy of the transcript?
rn
i
19
al
if
o
20
21
22
A.
I believe it was about three weeks later.
I'm not quite sure.
Q.
By the way,
23
to the Court,
24
transcript?
25
A.
when you sent the transcript off
to whom's attention did you send the
sent it to the Administrative Office,
L------------------------IN RE: CJF NO. 185
to
4/2/09--------------------~
410
Linda Lucky's office,
who is the Court coordinator,
and directed it to his department.
But I sent it
or
k
Q.
something directly to a
Administrative Office.
Q.
transcript?
Ii
A.
No.
Q.
Now,
12
when the second request was made,
A.
who
The judge's clerk called and said they never
15
did receive a copy;
16
chambers.
Ju
Q.
and I
sent it directly then to
And when you sent it directly to chambers,
was that accompanied by any type of a cover letter?
18
send it through the
made that request?
14
17
Does the Administrative Office request the
10
13
judge.
sending
di
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A.
20
Q.
You sent that
21
A.
Yes.
22
Q.
Did you keep another copy of the bill?
23
A.
Shortly after I
rn
i
19
if
o
I'm not accustomed to doing that,
A.
al
Why didn't you send it directly to
Judge McBrien?
et
w
3
through her.
sent another copy of the bill.

t~o
chambers?
moved to San Jose, my house
24
was burglarized and my computer was stolen.
25
most of my records.
'---------~----IN
I back everything up,

RE CcJF NO.
185
saved
but not
4/2/09 -~- - - - - - - - -
411
bills.
Your computer was stolen while you were in
or
k
Q.
San Jose?
et
w
A.
Yes.
Q.
Didn't you testify in deposition that your
computer was stolen at Shingle Springs,

A.
No.
It was in Eldorado Hills.
still in existence.
negotiating the sale of the house.
Q.
Didn't you testify your house in Eldorado
12
Hills was bro
13
your husband's wedding ring,
14
stolen?
15
A.
Yes.
Q.
That would be the computer that had the
16
18
n into and your laptop computer and
A.
Originally.
Q.
20
page of Exhibit 35,
21
me.
22
binder.
Carlsson case?
But I back up my hard drive.
The transcript,
which is paginated 464 Exhibit 37.
23
MR.
24
25
was
would like you to take a look at the last
rn
i
19
if
o
and nothing else,
transcript of the Carlsson vs.
Ju
17
al
I was living in a
hotel in San Jose.
11
My husband was still there
10
That home was
di
ci
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ew
California?
BLUM:
excuse
It's a separate
The transcript binder.

The page you're
referring to?
L------------------------IN RB CJF NO. 185 -
4/2/09--------------------~
412
MR.
Your Honor.
MURPHY:
Q.
The very last page.
A.
Of the March ...
Q.
The very last page.
A.
~1arch
di
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JB B
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ew
BY MR.
12
13
14
15
Q.
All the way at the back,
A.
Yes.
Q.
}\t 464,
A.
Yes.
Q.
NOW,
the very last page.
the last page.
that reflects that you prepared this
transcript on October 2,
2006.
A.
The whole transcript,
Q.
And did you pr
Correct?
yes.
are this partial transcript,
18
MURPHY:
Ju
17
All the way at the
back.
11
16
9th?
10
Thank you.
et
w
BY MR.
464,
MURPHY:
or
k
Exhibit 17, using the original transcript for its
20
preparation?
21
A.
al
if
o
rn
i
19
22
No.
The original entire transcript hadn't
been produced.
23
Q.
Okay.
24
A.
I did the partial and then later did the
25
entire transcript.
' - - - - - - - - - - - - - - I N RE CJF NQ.
185 - 4 / 2 / 0 9 - - - - - - - - - - - - - l
413
Q.
the transcript to the Court?
or
k
When you -- do you recall when you e-mailed
A.
Probably September.
Q.
Did you keep a copy of the e-mail?
A.
No.
Q.
Did your e-mail service have an archival
A.
8
9
Q.
I'd have thousands of
kept everything.
Was the e-mail that you forwarded to the
Court contained in the computer that was stolen?
12
13
14
I don't even know.
e-mails if I
10
11
system for e mails?
di
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ew
et
w
A.
No.
Q.
So you would have e-mailed separately,
another system,
15
A.
the partial transcript;
My computer,
in Eldorado Hills.
17
bought a new computer at Best Buy,
was still
Ju
I backed up the hard drive.

I think,
in San
Jose and installed all my records.
18
right?
the original computer,
16
from
Q.
Including the transcript of the Carlsson vs.
rn
i
19
al
if
o
20
Carlsson case?
21
A.
Yes.
But I
still was living and working
22
in
23
the partial transcript.
24
actually in trial and sent it to them.
25
I was living in Eldorado Hills at the time of
Q.
Ms.
Joy,
So I did that while we were
can you tell me why,
L-------------------------IN RE CJF NO. 185
on Page 2 of
4/2/09--------------------~
414
Exhibit 17,
blank space?
It's very unusual looking.
This looks like something that was produced -- printed
from the e-mail because it's all kind of juxtaposed.
Obviously.
Page 1.
10
Q.
di
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never seen this copy.
Like the top of Page 2 is at the bottom of
So this does not appear to be the partial
transcript that you prepared?
This is the e-mail version of the transcript
A.
12
13
that I prepared,
14
printed it just from the e-mail attachment itself.
15
It's hard for me to explain this.
16
itself correctly.
17
different alignment being from a different source,
21
Carlsson,
22
didn't put on; right?
25
but it has a
It's your testimony that this transcript is
Q.
something that,
24
It doesn't align
It's the transcript,
20
23
They
Ju
rn
i
19
and i t ' s not a PDF file.
email.
18
if
o
I've
11
al
My copy has some blackened-out area.
A.
et
w
there are approximately 17 lines of space,
or
k
A.
sorry.
Q.
at least where it says,
"March 3,
'06
Partial For Judge," that's something you
The header,
Correct,
yes,
that is something -
it is something I
I'm
did not put on.
And are you computer proficient?
'--------~------IN
RE elF NO.
185 - 4 / 2 / 0 9 - - - - - - - - - - - - - - "
415
Somewhat.
Your Honor,
MR. MURPHY:
I would like to have
or
k
A.
marked as Exhibit J an e-mail string dated November 4,
2006 to Charlene Drummer from Joy,

THE WITNESS:
THE WITNESS:
MR. MURPHY:
10
I'm sorry.
I have three for the Court.
chance to review this,
12
MR.
BLUM:
Mr.
Yes,
Your Honor.
Has the original
been provided to the court reporter?
15
MR. MURPHY:
Yes,
16
Your Honor.
17
I have one for the witness,
Your Honor
it will be,
I don't have enough copies to go around.
Ju
r
so I ' l l do another copy
the court reporter.
18
Have you had a
Blum?
13
14
There's no question
pending.
1J
still haven't had that fixed.
di
ci
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JB B
N ra
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ew
(sic).
Bobbi
et
w
All right.
You may
al
if
o
rn
i
19
20
continue.
21
BY MR. MURPHY:
22
Q.
Ms.
Joy,
23
Charleen Drummer,
24
is that correct?
25
this is an e-mail you sent to

Commission on Judicial Performance;

~-----------------------IN
RE CJF NO. 185 -
4/2/09--------------------~
416
A.
I never received this response from her.
Q.
(Counsel examines document.)
Why don't we take
this opportunity to take our first afternoon recess.
We'll be
di
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ew
n recess for 10 minutes.
(Recess taken.)
We are back on the
10
record in the matter of the Inquiry of Judge McBrien,
11
in the presence of Judge McBrien and counsel.

And,
12
13
14
Q.
Mr. Murphy,
MR.
MURPHY:
Ms.
Joy,
you may continue.
Thank you,
Your Honor.
did I hear you correctly,
are you
15
presently employed by the Santa Clara County Superior
16
Court?
ia
18
or
n
19
20
21
22
23
24
25
A.
That's correct.
Q.
Are you assigned to any particular judge?
A.
No.
Q.
And how long have you been employed by the
Ju
17
if
et
w
Let me just go to the ...
al
I ' l l get to that.
understand that.
or
k
I'm floating.
Santa Clara County Superior Court?
A.
It's about -- it will be three years on
September 11.
Q.
Have you ever been employed by the Sacramento
County Superior Court?

~-----------------------IN
RE CJF NO. 185
4/2/09 ___________________--.J
417
A.
Yes, but on a per diem bas
Q.
Have you ever been an employee of Sacramento
County?
A.
et
w
or
k
was an employee of Sacramento County when I
just get back into the courtroom and then found that
i t was not so difficult to be hired as a reporter.
di
ci
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JB B
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ew
first moved there,
Q.
as a courtroom c erk.
I wanted to
Let's take a look at Exhibit J.
email that you sent to Charleen Drummer; correct?
10
11
A.
Yes,
that's correct.
Q.
And this e-mail related to a claim that you
12
made to Ms.
13
you had submitted had,
14
right?
15
16
in some fashion,
A.
That's correct.
Q.
You state in here,
been doctored;
"I asked our IT trainer
yesterday hypothetically if it was even possible for
e-mail to create its own header.
He said he had never
18
Drummer that the partial transcript that
Ju
17
This is an
seen such a thing and that it would have taken a
rn
i
19
al
if
o
20
purposeful extra step."
21
Why did you go to the IT trainer?
22
A.
23
Santa Clara.
24
transcript,
25
Q.
That's
those are our technology guys in
Because when I
I
saw this header on my
asked how that could possibly happen.
Because that was something that you hadn't
~------------------------IN
RE CJF NO. 185
4/2/09--------------------~
418
A.
Yes.
Q.
You state,
to me for an example of howe-mails can be tampered
with,
just delete it.
original message that you sent.
10
A.
in capital letters
"PLEASE
I hereby swear that that is not the

Regards,
I do recall that now.
Robbi."
I was demonstrating to
her how I can go back to her original message and just

change it all around.
11
12
13
Q.
You doctored her original message?
A.
Yes.
Q.
So you,
using your computer,
changed her
14
original e-mail message to you to read as follows:
15
"Robbi,
16
falsified Carlsson trial transcript; we don't
no thanks to you for sending that
appreciate this at all."
Those weren't her words,
were they?
19
A.
No,
20
Q.
You doctored that;
21
A.
Yes,
22
Q.
(Reading) :
rn
i
18
first,
Ju
17
if
o
and PLEASE"
di
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al
"Look over your original message
right?
or
k
prepared;
et
w
they were not.

right?
as a demonstration.
"Second,
that's an obvious bogus
23
phone number that you provided at 91649699.
24
several days,
25
Ms.
For
I have been getting a busy signal."
Drummer didn't say that to you in an e-mail,
'-----~---------IN
RE CJF NO.
did
185 - 4/2/09
419
1
she did not.
Q.
Finally,
or
k
No,
"I would like to ask you
it says:
so could you please try to
keep your story straight this time.
My direct line is
(415)
4
some follow-up questions,
557-1207."
That's not what Ms.
A.
No.
If this sounds sarcastic,
9
I was pretty incensed.
10
alteration on my work,
11
angry.
12
Q.
13
do you?
14
A.
15
I have never seen an
and I was pretty shocked and
You have no idea if anyone altered your work,
know that the final product is not the
Q.
Do you know who did that?
A.
No.
Q.
Now,
Ju
17
I want to go back -- and this is going
ia
18
or
n
19
if
I apologize.
product that I prepared.
16
al
Drummer said to
right?
di
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JB B
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N nc
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ew
7
you;
et
w
A.
to be my last question or two -
to the trial
20
transcript and specifically at the conclusion,
21
Page 462
22
A.
I have it.
23
Q.
-- where the judge says,
24
25
recess."
A.
Do you see that?
on
"Court is in
Page 462,
Line 22?
Yes.
' - - - - - - - - - - - - - - I N RE CJF NO.
185 -
4/2/09--------------1
420
"Court is in recess"?
A.
Yes.
Q.
You continued to report thereafter?

A.
Yes.
Q.
After the judge declared court is In recess;
Yes.
Q.
And did you watch the judge leave the bench
This is all in a short period of time.
A.
was-
13
leaving.
14
who she was speaking to,
15
Ms. Keeley,
16
order," and then the clerk spoke.

Q.
rn
i
19
"We're going to recess"; he was
Ms. Huddle said to
saying,
can't really recall
either her client or
"I think he has a protective
Did you see him leave the courtroom after he
A.
Well,
this is sort of slicing it thin.
20
was getting up and walking out.
21
what exact moment he was out of the room.
22
He
declared a recess?
18
he said,
Ju
12
17
if
o
A.
at that point in time?
11
al
di
ci
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JB B
N ra
N nc
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ew
right?
10
or
k
Q.
et
w
Q.
Well,
He
don't recall at
you said under Mr. Blum's examination
23
that he poked his head around the corner and then said
24
"This trial is over"; right?
25
A.
Yes.
On Line 27.
L . . . - - - - - - - - - - - - - - - I N RE CJF NO.
185
4/2/09----------------~
421
Right.
A.
So this Line 23,
4,
5 and 6 is a really brief
or
k
Q.
But he was outside of the courtroom during
that period of time,

A.
I don't believe so.
Q.
SO he never left the courtroom?
di
ci
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JB B
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N nc
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ew
8
9
A.
He left the courtroom.
Q.
Hold on.
He never left the courtroom until
you noted that he exited on Line 10,
10
11
A.
No.
not the most succinct language.
13
into the courtroom.
15
16
That was lan9uage you chose,
A.
Sure.
Q.
To describe what happened?
A.
It would be rather awkward to say -
ia
18
answered yes or no,
al
if
or
n
19
He never came back
Q.
Ju
17
Page 463 ?
And "exited the courtroom" is probably
12
14
was he not?
Q.
et
w
period of time.
Ms.
though;
right?
That could be
Joy.
20
THE WITNESS:
21
I don't know how I would have phrased that.
I'm sorry.
22
I've never been through something like that.
23
"exited."
24
25
MR.
Q.
MURPHY:
said
Final question.
You specifically recall Judge McBrien
L-----------------------IN RE CJF NO. 185
4/2/09 ---------------!
422
recessing for one minute to allow Ms.
the bathroom?
"you have one minute."
the duration was one minute.
in fact,
You specifically remember him saying that?
A.
Yes.
Q.
And if he said that,
di
ci
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N nc
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ew
Q.
it accurately,
10
you would have reported
and it would be in the Court record;
right?
11
Not everything is said on the record.
A.
didn't record,
13
been writing,
14
have to go to the bathroom."
15
cases,
16
someone is saying something obviously in jest or
17
something that's really not impacting the trial or
I'm sorry,
frankly,
in some
we do use our own judgment a little bit.
Ju
ia
or
n
"I,
But some things,
MR.
Your Honor.
MURPHY:
If
we don't write it.
I have nothing further,
Thank you.
21
22
MR.
23
I may have still
when she said,
improper to be on the record,
19
20
I don't believe -
12
18
if
I don't recall that,
al
et
w
I recall his answer to her request as being
A.
Huddle to go to
or
k
BLUM:
Yes,
Mr.
Your Honor.
Blum?
I have another
document that I ask be received as Exhibit 41.
24
MR. MURPHY:
25

~-------------------------IN
No objection.
RE CJF NC. 185 -
Okay.
Provide a
412109----------,--~--------~
423
copy of the original to the court r

MR.
apologize,
I'm out of tabs.
(Examiner's Exhibit No.
41 received into
evidence. )
RE-DIRECT EXAMINATION
BY MR. BLUM:
Q.
Joy,
are you looking at what's now been
di
ci
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JB B
N ra
N nc
.c h
om N
ew
Ms.
received as Examiner's 41?
10
A.
Yes,
am.
Q.
When Mr.
Murphy was questioning you about the
11
e-mail to Charlene Drummer,
12
could be changed?
13
14
15
That's correct.
Q.
Is Examiner's 41 the original that you
Yes,
Q.
Mr.
Ju
A.
Drummer?
it is.
Murphy was questioning you about the time
the judge left the bench.
He asked you if your view
18
you said you showed how i t
A.
received from Ms.
16
17
et
w
BLUM:
of the judge was obscured by the bench.
Do you recall
rn
i
19
or
k
al
if
o
20
that?
21
A.
Yes.
22
Q.
As the judge left the bench and went out the
23
door to his right,
24
sight of him?
25
A.
would you ever have completely lost
Not until he walked through the door,
L-------------------------IN RE CJF NO. 185
no.
4/2/09--------------------~
424
can you still see the upper portion of him?
A.
Yes.
Q.
You said that you had -
system.
including the Carlsson trial?
you called it a
N
s
A.
Yes.
Q.
Did you attempt to locate that record,
A.
Yes,
I have.
looked at the portions of the
11
transcript where I did a word find on the word
12
13
just wasn't able to find it.
14
the courts.
recess. "
Q.
15
We're really busy in all
I don't have -
just ran out of time.
Please turn to Exhibit 17.
That's the
A.
Yes.
Q.
You believe this to be a printout of the
18
I tried to find that particular moment.
partial transcript?
Ju
17
that
audio record of the Carlsson trial?
10
16
.wav
It was an audio recording of the trial,
di
ci
C al
JB B
N ra
N nc
.c h
om N
ew
but
et
w
So he's partially obscured by the bench,
or
k
Q.
e-mail version you sent to the Court?
al
if
o
rn
i
19
20
A.
Yes,
21
Q.
So its appearance looks a little bit
22
different than you remember?
23
A.
Yes.
24
Q.
Now,
25
I do.
document,
It's formatted differently.

if you look at the first page of that
Bates stamped
'------~-------IN
RE CJF NO.
think this is 104,

185
this
4/2/09--~-----------~
425
was a partial transcr
March 3?
A.
Yes.
Q.
Now,
et
w
or
k
if you'll turn to near the end of the
document,
Bates Stamp 123, does the document indicate
what day you transcribed this testimony?
On 124
Bates Stamp 124,
above my signature line is the date that I prepared
it.
10
11
Q.
Well,
on Page 123, Line 12 and 13,
A.
Oh,
apologize.
that
I'm getting
confused because of the way it's set up here.
14
my certificate,
15
it.
and that is the date that
By "that,"
Lines 12 and -
the certificate begins at Line 2,
A.
Every time I reproduce a transcript,
20
re date it because that's not,
21
I'm signing it again.
22
recall which date that would have been.
24
25
prepared
you're referring to Page 123,
rn
i
19
23
That's
goes
through Line 13?
18
Q.
Ju
17
if
o
No,
13
16
al
what would
that date be?
12
the date just
di
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A.
Q.
Okay.
in fact,
So this -
the date that
I don't really
So you don't know if you transcribed
this on March 3rd or 4th or 10th?

A.
This would have been the request
L-------------------------IN RE CJF NO.I85 -
the
4/2/09----------------------~
426
request would have been March 9th, because I
and sent it on March 10th.

MR.
IIllR. MURPHY:
FURTHER RE-CROSS EXAMINA.TION
BY MR.
Murphy?
Your Honor.
di
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Just briefly,
This
.wav technology you talked about,
you
never mentioned that to anyone until your deposition
11
was taken in this matter;
13
14
15
I don't know.
Q.
Well -
A.
I don't remember discussing it.
Q.
You said that the courts are very busy,
you haven't been able to find this
Did you look for it for the past two years?
A.
Surely I
19
Q.
Never been able to find it?
20
A.
No,
rn
i
18
so
.wav technology.
17
isn't that correct?
A.
Ju
16
if
o
Mr.
10
12
al
Nothing further.
MURPHY:
Q.
BLUM:
signed it
The
or
k
request then -- the testimony was March 3rd.
et
w
have looked for it.
because I
--
Several times.
it simultaneously records
21
the entire trial.
I would have to go through these
22
hundreds of pages,
and I get bogged down with appeal
23
transcripts;
24
did make my best effort.
25
Q.
just didn't have the spare time.
Did you provide the
But I
.wav technology to the
L-----------------------IN RE CJF NO. 185 -
4/2/09--------------------~
427
Commission so that it could locate
statement?
A.
They didn't ask me to.
Q.
That's not my question.
A.
No,
Did you provide -
did not.
No further questions.
di
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ew
you.
MR.
BLUM:
Mr.
Blum?
Ms.
Joy,
No questions.
10
Thank
MR. MURPHY:
6
7
et
w
or
k
while
11
you're here,
12
Page 117,
13
repeat of the first page.
14
appears very curious; do you have any explanation?
16
for me.
This
No.
The copy I have
Ju
appears to be.
THE WITNESS:
really haven't read through
this and examined it and tried -
it would be good if
rn
i
19
It looks like a
My question is:
18
if you would,
THE WITNESS:
15
17
look at Exhibit 17 and Bates Stamp
al
if
o
20
21
22
23
24
25
I were able to compare mine with this.

So I
understand it,
you don't have any explanation?

THE WITNESS:
That is unusual.
We would not
have a second first page.

L------------------------IN RE CJF NO. 185 -
Any questions?
412109--------------------~
428
Ms.
Joy,
or
k
have a question.
Is it your practice that every time
when you're recording a t r i a ,
discussion off the record,
"Off the record" or "Discussion off the record held"?
Or is it only if the bench officer says,
record"?
et
w
every time there's a
do you put in parentheses
THE WITNESS:
di
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How do you handle that?
"Off the
I do have a blurb that says,
"Discussion held at bench" or "Discussion held off the
10
record between counsel and defendant."
11
12
you.
THE WITNESS:
13
So I
know what's going on.
14
Thank
Okay.
So we can assume,
if
we're looking at the transcript,
16
continual dialogue in open court unless we would see
17
something that indicated,
Ju
15
probably in parentheses,
that there was discussion either at the bench,
at
ia
18
that it was a
side-bar or off the record?
or
n
19
al
if
20
THE WITNESS:
No,
not formally.
As I said,
21
sometimes people just make side comments and they're
22
not relevant,
23
include that in the trial transcript.
24
that formalized where they say,
25
the record."
and we know that we're to just not
< - - - - - - - - - - - - - - - - I N RE CJF NO.
It isn't always
"I want this to be off
185 - 4/2/09
429

there's colloquy between counsel,
necessarily say "off the record," but if it appeared
that there was an off-the-record discussion,
your custom and practice be to note it as "off the
record"?
et
w
N
No,
not always.
Thank you.
10
How do you
11
decide whether you're going to note it or not?
12
either of the attorneys begin to discuss something
13
that seems informal or someone announces off the
14
record,
15
parentheses to note that?
16
When they announce.
"May we go off the record,
something with their client.
rn
i
19
20
there are just utterances,
21
and I don't formally say,
22
23
They may
Your Honor?"
Or say,
"Just a moment please," and then they're discussing
18
THE WITNESS:
ask,
When
how do you decide what you're going to put 1n
Ju
17
if
o
I would just
simply not write it.
al
would
THE WITNESS:
di
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ew
you would not
or
k
So
But there are times when
and I don't record them,

"Off the record discussion."

exerc~sing
your
So you're
scretion in that instance?
24
THE WITNESS:
25
There are some attorneys who have a habit of
Yes.
L - - - - - - - - - - - - - - I N RE CJF NO.
185 - 4 / 2 / 0 9 - - - - - - - - - - - - - '
430
saying "and" before every question,
courtesy,
just don't put that in.
anything,
and i t ' s just unnecessary.
discretion a little bit.
MR.
No,
Your Honor.
NURPHY:
No,
MR. MURPHY:
14
~R.
15
BLUM:
Yes,
May this witness be
Yes,
Your Honor.
Your Honor.
16
Ms.
Joy,
you're
excused.
Ju
17
ia
18
or
n
19
Call your next witness.
MR.
BLUM:
The Examiner rests.
20
MR.
21
MURPHY:
for Judge Mize,
Mr.
Murphy?
call James Mize.

While we're waiting
please feel free stand up and stretch.
23
(Pause in proceedings.)
24
25
Murphy?
excused?
13
22
Mr.
Your Honor.
12
et
w
di
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JB B
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N nc
.c h
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ew
BLUM:
11
Any more questions,
Blum?
NR.
10
Thank you.
if
Not with a witness.
al
We do use
Mr.
as a
It doesn't impact
and I,
or
k
Please raise your
right hand.
L-----------------------IN RE CJF NO. 185 -
4/2/09--------------------~
431
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Sacramento Family Court News

Investigative Reporting, News, Analysis, Opinion & Satire
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18 July 2013
SHORTCUTS TO POPULAR
SUBJECTS AND POSTS
Vance W. Raye Third District Justice and Judge Peter McBrien Turn Over
Court Operations to SCBA Family Law Section Lawyers
JUDICIAL MISCONDUCT
(63)
Leaked Transcript Indicates Vance Raye & Judge

Peter McBrien Enabled Family Law Bar Control of
Court in 1991
ATTORNEY MISCONDUCT
(35)
In 1991, as a superior court judge, current3rd District Court

of Appeal Presiding JusticeVance Raye partnered with
controversial family court Judge Peter J. McBrien and
attorneys from the Sacramento County Bar Association
Family Law Sectionin establishing the current, dysfunctional
Sacramento Family Courtsystem, according to the sworn
testimony of McBrien at his 2009 judicial misconduct trial
before the Commission on Judicial Performance. Behind
closed doors and under oath, the judge provided explicit
details about the 1991 origins of the present-day family court
structure.
SCBA
(22)
Ju
In essence, McBrien and Raye agreed to effectively privatize

public court operations to the specifications of private-sector
attorneys in exchange for not having to run the court's
settlement conference program. The SCBA Family Law
Section agreed to run the settlement program provided they
were given effective control over most court policies and
procedures, including local court rules.
MATTHEW J. GARY
(33)
FLEC
(28)
ARTS & CULTURE

(21)
CHILD CUSTODY
(21)
PETER J. McBRIEN
(20)
ROBERT SAUNDERS
(20)
WATCHDOGS
(19)
CHARLOTTE KEELEY
(18)
CJP
(18)
PRO PERS
(18)
rn
i
if
o
As a result, the public court system was restructured to the

specifications of local, private-sector attorneys, according to
McBrien's testimony.To view McBrien's detailed description of
the collusive public-private collaboration, posted online
exclusively by SFCN, click here. To view an example of the
same, current day collusion, click here.
JUDGE PRO TEM

(49)
EMPLOYEE MISCONDUCT
(18)
DOCUMENTS
(16)
DIVORCE CORP
(13)
Vance Raye and Peter J. McBrien were the
architects of the current family court system.
al
Privacy Policy
ATTORNEY MISCONDUCT
et
w
HOME
The 1991 restructuring plan began with a road trip suggested by the family law bar:
"[T]he family law bar, and it was a fairly strong bar here in Sacramento, initiated the concept of a trip
to Orange County and San Diego County to pick up some ideas about how their courts were
structured. And myself and Judge Ridgeway and two family law attorneys made that trip and came
back with various ideas of how to restructure the system," McBrien told the CJP.Click hereto view.
But before his sworn 2009 CJP testimony,
McBrien gave the public a differentaccount of
the road trip and who restructured the family
JAMES M. MIZE
(12)
COLOR OF LAW SERIES
(11)
CONFLICT OF INTEREST
(11)
SATIRE
(11)
WOODRUFF O'HAIR
POSNER and SALINGER
(11)
JAIME R. ROMAN
(10)
LAURIE M. EARL
(10)
court system in 1991. As reported by the Daily

Journal legal newspaper, McBrien dishonestly
implied that the new system was conceived and
implemented by judges alone after they made a
county-paid "statewide tour" of family law courts.
NO CONTACT ORDERS
(10)
or
k
SHARON A. LUERAS
(10)
WHISTLEBLOWERS
(10)
The judge omitted from the story the fact that the
trip was initiated by the family law bar, and
included two private-sector family law attorneys
who took the county-paid tour with McBrien and
the late Judge William Ridgeway. As the Daily
Journal reported:
Sacramento Family Court judges and local, Sacramento Bar

Association attorneys openly acknowledgetheir close relationship.
et
w
N
FERRIS CASE
(8)
JESSICA HERNANDEZ
(8)
The judges changed the local system so

that family law judges presided over both law and motion matters and trials, which used to be sent to
a master calendar department and competed with criminal trials for scheduling.
'Now, if you're ready and unable to settle, chances are 99.9 percent that you are going out [to trial] the
first time,' McBrien said. 'A lot of that is attributable to the willingness of the Sacramento bar to work
as settlement counselors.'"Click hereto view theDaily Journalreport.
To continue reading the rest of this article, visit our special, updated 3rd District Court of Appeal page. Click
here. For more on the alleged collusion between judges and attorneys who also serve as Sacramento Superior
Court temporary judges and work as settlement counselors, visit our special judge pro tems page.For additional
posts about the people and issues in this report, click on the corresponding labels below.
Posted by
PelicanBriefed
at
11:20 AM
CHRISTINA VOLKERS
(8)
di
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JB B
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'This is how we came up with the system

today,' McBrien said. 'It was probably the
best trip Sacramento County ever paid
for.'
RAPTON-KARRES
(9)
"Around 1990, McBrien and a few other

Sacramento judges went on a statewide
tour of family law courts. At the time there
were continual postponements of trials.
CARLSSON CASE
(9)
JULIE SETZER
(7)
YOUTUBE
(7)
3rd DISTRICT COA
(6)
CIVIL RIGHTS
(6)
CHRISTINA ARCURI
(5)
CONTEMPT
(5)
THADD BLIZZARD
(5)
FAMILY LAW FACILITATOR
(4)
LUAN CASE
(4)
CANTIL-SAKAUYE
(3)
MIKE NEWDOW
(2)
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Labels:
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ANALYSIS,
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- William R. Ridgeway
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Location:
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Sacramento Family Court News via Google+ 1 year ago - Shared publicly
Vance W. Raye Third District Justice and Judge Peter McBrien Turn Over Court Operations
to SCBA Family Law Section Lawyers.
Leaked Transcript Indicates Vance Raye & Judge Peter McBrien Enabled Family Law Bar
Control of Court in 1991:
In 1991, as a superior court judge, current 3rd District Court of Appeal Presiding Justice
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INQUIRY
CJP
-- ---- ------ -- - -- - -- ---- --1
CONCERNING
PETER
J.
ORIGINAL
McBRIEN
185
NO.
di
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7
8
9
10
11
12
TRANSCRIPT
13
HEARING
14
1,
THE
MASTERS
CALIFORNIA
2009
PAGES
- 250
Ju
VOLUME
OF
SPECIAL
1,
APRIL
16
18
BEFORE
SACRAMENTO,
15
17
JUDGE
et
w
rn
i
19
al
if
o
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
------- ----
720 9th Street.
A.
It's actually 920 -
Q.
That's the main Sacramento County courthouse?
A.
It is.
Q.
And how long were the family law departments
A.
building.
Q.
et
w
when we moved out to the Ridgeway
di
ci
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JB B
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ew
Until 1999,
in that particular courthouse?
no.
or
k
Going back to when you were first appointed
to the family law department or assigned to the family
10
law department,
11
master calendar system?
12
A.
what were the problems with this
The trials never got to trial.
So the Bar
the family law bar,
and it was a fairly strong bar
14
here in Sacramento,
initiated the concept of a trip to
15
Orange County and San Diego County to pick up some
16
ideas about how their courts were structured.
17
myself and Judge Ridgeway and two family law attorneys
made that trip and came back with various i
And
as of how
18
Ju
13
to restructure the system.
rn
i
19
al
if
o
20
21
Q.
Now,
is there a family law section of the
Sacramento County Bar Association?
22
A.
There is.
23
Q.
And was there a family law section of the
24
25
Sacramento County Bar Association back in 1991?
A.
There was.
b-------------------------IN RE CJF NO. 185 -
4/1/09----------------------~
188
Q.
Law Executive Committee?
A.
There is.
Q.
What is the Family Law Executive Committee?
A.
It is a group of leaders that the family law
et
w
bar e ects to take care of the administrative needs
for the section.
di
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9
10
Q.
And did you work with the Family Law
Executive Committee in developing the current system

in the fami y law practice in Sacramento County?
11
12
13
A.
We did.
Q.
Could you describe what that wor
A.
Okay.
We
first of all,
i t ' s a very
16
We keep making adjustments to the system when there
17
are problems.
Ju
good relationship.
We meet -- we still meet monthly.
But basically,
we moved to a system
where we have law and motion in the family
19
departments on Monday,
20
the trials on Thursday and Friday if,
21
trials are two days or less.
22
than two days,
23
calendar.
rn
i
if
o
we I,
15
18
al
ng
relationship was?
14
or
k
Is there an organization called the Family
24
25
Q.
Tuesday,
Wednesday,
aw
and we hear
in fact,
those
And if they are more
they go down through the master
Backing up,
the Family Law Executive
Committee is appointed in what fashion?

~------------------------IN
RE CJF NO. 185 -
/09----------------------~
189
family law bar.
Q.
County Bar Association?
A.
Correct.
Q.
And you and other judges worked together with
this Family Law Executive Committee in developing the
current system?
di
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N nc
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10
11
12
Correct.
Q.
Who are the other judges?
A.
Well,
Q.
14
at the time,
there was Justice Raye
Justice Vance Raye of the Third District
Court of Appeal?
A.
15
16
Yes.
And another individual whose name always
17
escapes me,
but he left the bench after about two
Ju
18
ia
years.
19
Q.
Dave Sterling?
20
A.
Dave Sterling.
21
Q.
Now,
or
n
if
A.
now Justice Raye.
13
al
The family law bar section of the Sacramento
et
w
They are elected by the membership of the
or
k
A.
after you went to Orange County,
you met
22
with the Family Law Executive Committee and
23
developed
24
presented to the Superior Court for its approval?
25
A.
or started to develop a plan.
It was.
Was that
And what happened is the Bar culled
L------------------------IN RE CJF NO. 185
4/1/09 - -_ _ _ _ _ _ _ _--1
190
through the various ideas and options,
plan,
what adjustments we felt were appropriate and then
presented the whole of it to the full bench.

And was that plan approved?
A.
It was.
Q.
When?
di
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A.
In 19
Q.
And since 1991,
want to say late
12
is that the current plan that
A.
It is.
Q.
You testified that on Mondays,
Tuesdays and
14
matters and trials of two days or less on Thursday and
15
Friday;
16
A.
Correct.
Q.
Who hears the settlement conferences?
A.
The family law bar indicated that they would
ly law courts hear law and motion
right?
Ju
Wednesdays f
18
be willing to volunteer,
rn
i
19
if
o
91 .
13
17
al
is employed in the family law departments?
11
or
k
Q.
We made
et
w
presented it to the family law bench.
10
came up with a
and they serve as the
20
settlement pro terns.
21
the week except for Monday.
22
week where they have two volunteers.
23
make it gender neutral,
24
and they hear the settlement conferences.
25
Q.
There are two for each day of

So they have four days a
And they try to
have one male and one female,
And are settlement conferences assigned
~----------------------IN
RE CJF NO. 185 -
4/1/09----~------------------
191
dependent upon the length of the trial?

A.
They are.
Q.
How does that work?
A.
If,
less trial,
week before the trial date.
two days or less,
10
13
14
it would be two weeks before.
And in connection with the estimation of the

is that something that you as a
A.
No.
Q.
Who makes the estimation?
A.
The attorneys.
Q.
Are the attorneys encouraged to work together
in developing the estimated time?

A.
They are.
Q.
And is there any significance to the
Ju
16
estimated length of the case,
at least from the
18
And if i t ' s going to be
judge would do?
12
17
i t ' s going to be a one-day or
the settlement conference would be one
length of the trial,
1.1
15
in fact,
di
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Q.
et
w
or
k
judicial perspective of the Sacramento County Superior
20
Court judge?
21
A.
al
if
o
rn
i
19
I believe that -- you know,
22
many of them,
23
aren't always accurate,
24
be accurate,
25
Because quite frankly,
having seen many,
that they generally are accurate.

but I
They
think they are trying to
stay within the guidance that we have.

if,
in fact,
L-------------------------IN RE Cc7F NO. 185 -
they don't
411109----------------------~
192
complete it,
Q.
And when you say "mistried," meaning that the
A.
They would.
Q.
You were involved,
Carlsson vs.
A.
Correct.
Q.
obviously,
Carlsson case?
would like you to take a look at Exhibit C
in the respondent's
10
A.
11
think mine is over there.
MR. MURPHY:
12
May I
approach the witness?
13
with the
di
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et
w
parties will then be given a new trial date?
they can be mistried.
or
k
Yes.
You don't need
to seek permission.
THE WITNESS:
14
MR.
15
Q.
Okay.
yes.
have it before me.
MURPHY:
Ju
BY MR.
For the record,
could you describe what
ia
18
Exhibit C,
THE WITNESS:
16
17
MURPHY:
you said C?
or
n
19
Exhibit Cis?
al
if
20
A.
This is an Order to Show Cause filed by
21
Ms.
22
continue the trial,
23
24
25
Huddle on behalf of Mr.
Q.
Carlsson asking to
fi ed on March 1st of 2006.
What was the basis of the request for a
continuance?
A.
That she was just served with a
' - - - - - - - - - - - - - I N RE CJ.F NO.
185
joinder
411109------------~
193

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Sacramento Superior Court Temporary Judge

Program Controversy
Judge Pro Tem Attorney "Cartel" Controls Court

Operations, Charge Whistleblowers
Sacramento Family Court News Exclusive Investigative Report
This investigative report is ongoing and was last updated in April, 2015.
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As many of the articles on our main page reflect,

Sacramento Family Law Court whistleblowers
and watchdogs contendthat a "cartel" of local
family lawattorneys receive kickbacks and other
forms ofpreferential treatment from family
courtjudges, administrators and
employeesbecause the lawyers are members
of the Sacramento County Bar Association
Family Law Section, hold the Office of
Temporary Judge,and run the family court
settlement conference program on behalf of
the court.
JUDGE PRO TEM

(50)
ATTORNEY MISCONDUCT
(35)
MATTHEW J. GARY
(33)
FLEC
(28)
ARTS & CULTURE
(23)
CHILD CUSTODY
(22)
PETER J. McBRIEN
(22)
SCBA
(22)
ROBERT SAUNDERS
(21)
WATCHDOGS
(20)
EMPLOYEE MISCONDUCT
(19)
CJP
(18)
PRO PERS
(18)
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DOCUMENTS
(16)
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DIVORCE CORP
(15)
JAMES M. MIZE
(15)
COLOR OF LAW SERIES
(11)
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JUDICIAL MISCONDUCT
(67)
CHARLOTTE KEELEY
(18)
The kickbacks usually consist of "rubberstamped" court orders which are contrary to
established law, and cannot be attributed to the
exercise of judicial discretion.For a detailed
overview of the alleged collusion between judge
pro tem attorneys and family court employees
and judges, we recommend our specialColor of
Law series of investigative reports.
The Color of Law series reports catalog some of

the preferential treatment provided by family
court employees and judges to SCBA Family
Law Section judge pro tem lawyers. Click here
to view the Color of Law series. For a list of our
reports about family court temporary judges and
controversies, click here.
SUBJECTS AND POSTS
Sacramento Family Court reform advocates assert that collusion

between judges and local attorneysdeprives financially disadvantaged,
unrepresented pro per court users of their parental rights, community
assets, and due process and access to the court constitutional rights.
The current day Sacramento County Family Court system andattorney operated settlement conference program
was set up in 1991 by and for the lawyers of theSacramento County Bar Association Family Law Section,
(11)
RAPTON-KARRES
(11)
SATIRE
(11)
WHISTLEBLOWERS
(11)
WOODRUFF O'HAIR
POSNER and SALINGER

(11)
according to the sworn testimony of controversial family court Judge Peter J. McBrien at his
2009Commission on Judicial Performance disciplinary proceedings. Click here to read Judge McBrien's
testimony.
CARLSSON CASE
(10)
JAIME R. ROMAN
(10)
In his own testimony during the same proceedings, local veteran family law attorney and judge pro tem Robert J.
O'Hair corroborated McBrien's testimony and attested to McBrien's character and value to Sacramento County
Bar Association Family Law Section members. Click here to view this excerpt of O'Hair's testimony. To view
O'Hair's complete testimony, click here.
LAURIE M. EARL
(10)
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NO CONTACT ORDERS
(10)
SHARON A. LUERAS
(10)
Court watchdogs assert that the settlement conference kickback arrangement between the public court and private
sector attorneys constitutes a racketeering enterprise which deprives the public of the federally protected right
to honest government services.
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JESSICA HERNANDEZ
(8)
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Divorce Corp, a documentary film that "exposes the corrupt and collusive industry of family law in
the United States" was released in major U.S. cities on January 10, 2014. After a nationwide search for
the most egregious examples of family court corruption, the movie's production team ultimately included
fourcases from Sacramento County in the film, more than any other jurisdiction.Judge pro tem
attorneys Charlotte Keeley, Richard Sokol, Elaine Van Beveren and Dianne Fetzer are each
accused of unethical conduct in the problem cases included in the movie. The infamous Carlsson case,
featuring judge pro tem attorney Charlotte Keeley and Judge Peter McBrien is the central case
profiled in the documentary, with Sacramento County portrayed as theGround Zeroof family court
corruption and collusion in the U.S. Click here for our complete coverage of Divorce Corp.
FERRIS CASE
(8)
Judge Thadd Blizzard issued a rubber-stamped, kickback order in November, 2013 for judge pro tem
attorney Richard Sokol authorizing an illegal out-of-state move away and child abduction by Sokol's
client, April Berger. The opposing counsel is an "outsider" attorney from San Francisco who was
dumbfounded by the order. Click here for our exclusive report, which includes the complete court
reporter transcript from the hearing. Click here for our earlier report on the unethical practice of
"hometowning" and the prejudicial treatment of outsider attorneys.
Whistleblower leaked court records indicate that Sacramento Bar Association Family Law
Executive Committee officer and judge pro tem attorney Paula Salinger engaged in obstruction of
justice crimes against an indigent, unrepresented domestic violence victim. The victim was a witness in
a criminal contempt case against a Salinger client. The circumstances surrounding the obstruction of
justice incident also infer collusion between Salinger and controversial Judge Matthew J. Gary. For
our complete investigative report,click here.
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Two "standing orders" still in effect after being issued by Judge Roland Candee in 2006 override a
California Rule of Court prohibiting temporary judges from serving in family law cases where one party
is self-represented and the other party is represented by an attorney or is an attorney. The orders were
renewed by Presiding Judge Laurie M. Earl in February, 2013.Click here for details.
Sacramento Family Court judges ignore state conflict of interest laws requiring them to disclose to
opposing parties when a judge pro tem working as a private attorney represents a client in family
court. Click here for our exclusive investigative report. Click here for a list of other conflict of interest
posts.
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Family court policies and procedures, including local court rules, are dictated by the SCBA Family Law
Executive Committeefor the financial benefit of private sector attorneys, and often disadvantage the
70 percent of court users without lawyers, according to family court watchdogs and whistleblowers.
For example, in sworn testimony by Judge Peter McBrien before the Commission on Judicial
Performance,McBrien described seeking and obtaining permission from FLEC to change a local rule.
Click here and here.
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In November, 2012 Sacramento Family Court Judge Jaime R. Romanissued a rubber-stamped,

kickback orderdeclaring a family court party a vexatious litigant and ordering him to pay $2,500 to
the opposing attorney, both without holding the court hearing required by law. The opposing attorney
who requested the orders is Judge Pro Tem Charlotte Keeley. The blatantly illegal orders resulted in
both an unnecessary state court appeal and federal litigation, wasting scarce judicial resources and
costing taxpayers significant sums.Click here for our exclusive coverage of the case.
Judge Matthew Gary used an unlawful fee waiver hearing to both obstruct an appeal of his own orders
and help a client of judgepro tem attorney Paula Salinger avoid paying spousal support. Click here for
our investigative report.
An unrepresented, disabled 52-year-old single mother was made homeless by an illegal child support
order issued by Judge Matthew Gary for SCBA Family Law Section attorney Tim Zeff, the partner of
JULIE SETZER
(7)
Court reform and accountability advocates assert that the local family law bar- through the Family Law
ExecutiveCommitteeor FLEC - continues to control for the financial gain of members virtually all aspects of court
operations, and have catalogued documented examples of judge pro tem attorney preferential treatment and
bias against unrepresented litigants and"outsider" attorneys,including:
CHRISTINA VOLKERS
(8)
YOUTUBE
(7)
3rd DISTRICT COA

(6)
CIVIL RIGHTS
(6)
CANTIL-SAKAUYE
(5)
CHRISTINA ARCURI
(5)
CONTEMPT
(5)
THADD BLIZZARD
(5)
(4)
LUAN CASE
(4)
MIKE NEWDOW
(4)
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temporary judge Scott Buchanan. The rubber-stamped, kickback child supportorder, and other
proceedings in the case were so outrageous that the pro per is now represented on appeal by a team
of attorneys led by legendary trial attorney James Brosnahan of global law firm Morrison & Foerster.
For our exclusive, ongoing reports on the case, click here.
California Lawyer Magazine

Courthouse News Service
Metropolitan News
Enterprise
Judge pro tem attorneys Richard Sokol and Elaine Van Beverenhelped conceal judge misconduct
and failed to comply with Canon 3D(1) of the Code of Judicial Ethics when they were eyewitnesses to
an unlawful contempt of court and resisting arrest incident in Department 121. Both Sokol and Van
Beveren failed to report the misconduct of Judge Matthew Gary as required by state law.Van
Beveren isan officer of the SCBA Family Law Executive Committee.Click here for our exclusive
report...
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...Four years later, Sokol and Van Beveren in open court disseminated demonstrably false and
misleading information about the unlawful contempt of court and resisting arrest incident. The
apparent objective of the judge pro tem attorneys was to discredit the victim of Gary's misconduct,
trivialize the incident, and cover up their own misconduct in failing to report the judge. For our follow-up
reports, click here. In 2014, a video of the illegal arrest and assault was leaked by a government
whistleblower. Click here for details.
California Official Case Law

Google Scholar-Includes
Unpublished Case Law
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California Statutes
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CALIFORNIA JUDICIAL
BRANCH
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In 2008controversial family courtJudge Peter J. McBriendeprived a family court litigant of a fair trial
in a case where the winning party was represented by judge protemattorney Charlotte Keeley. In a
scathing, published opinion, the 3rd District Court of Appealreversed in full and ordered a new
trial. 6th District Court of Appeal Presiding Justice Conrad Rushing characterized McBrien's
conduct in thecase as a "judicial reign of terror."McBrien subsequently was disciplined by the
Commission on Judicial Performance for multiple acts of misconduct in 2009.Click here to read the
court of appeal decision. Click here to read the disciplinary decision issued by the CJP.
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Judge pro tem attorneysCamille Hemmer,Robert O'Hair,Jerry GuthrieandRussell Carlsoneach

testified in support ofJudge Peter J. McBrienwhen thecontroversialjudge was facing removal from
the bench by theCommission on Judicial Performancein 2009.As a sworn temporary judges aware
of McBrien's misconduct, each wasrequired byCanon 3D(1)of theCode of Judicial Ethicsto take or
initiate appropriate corrective action to address McBrien's misconduct. Instead, each testified as a
character witnessin supportof the judge. In theCJP'sfinal disciplinary decision allowing McBrien to
remain on the bench, theCJPreferred specifically to the testimony as a mitigating factor that reduced
McBrien's punishment.Click here. Court records indicate thatJudge McBrienhas not disclosed the
potentialconflict of interestto opposing attorneys and litigants in subsequent appearances by the
attorneys in cases before the judge.Click hereforSFCNcoverage of conflict issues.
Judge pro temattorneysTerri Newman,CamilleHemmer,Diane WasznickyandDonna
California Courts
Homepage
California Courts YouTube
Page
Judicial Council
Commission on Judicial
Performance
Sacramento County Family
Court
3rd District Court of Appeal
State Bar of California
State Bar Court
Sacramento County Bar
Association
Local & National Family CourtFamily Law Sites & Blogs (may
be gender-specific)
ABA Family Law Blawg
Directory
California Coalition for
Families and Children
California Protective
Parents Association
Center for Judicial
Excellence
Courageous Kids Network
Divorce & Family Law News
Divorce Corp
Reedwereinvolved in a proposedscheme to rig a recall electionofcontroversialJudgePeter J.

McBrienin 2008. The plan involved helping McBrien defeat the recall by electing him "Judge of the
Year" before the November election.Click herefor theSacramento News and Reviewreport.
Judge pro tem attorney Robert J. O'Hair testified as a character witness for controversial Judge Peter
J. McBrien at the judge's second CJP disciplinary proceeding in 2009.Paula Salinger, an attorney
at O'Hair's firm,Woodruff, O'Hair Posner & Salingerwas later granted a waiver of the requirements to
become ajudge pro tem. A family court watchdog asserts the waiver was payback for O'Hair's
testimony for McBrien.Click hereto read our exclusive investigative report.
Divorced Girl Smiling

Family Law Case Law from
FindLaw
Family Law Courts.com
Family Law Updates at
JDSupra Law News
In cases where one party is unrepresented, family court clerks and judges permit judge pro tem
attorneys to file declarations which violate mandatory state court rule formatting requirements. The
declarations- on blank paper and without line numbers - make it impossible for the pro per to make
lawful written evidentiary objections to false and inadmissible evidence. Click here for our report
documenting multiple state court rule violations in a motion filed bySCBA Family Law Section officer
and temporary judgePaula Salinger. To view the pro per responsive declaration objecting to the illegal
filing click here, and click here for the pro per points & authorities.
Fathers 4 Justice
HuffPost Divorce
Leon Koziol.Com
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Moving Past Divorce
Family court clerks and judges allow judge pro tem attorneys to file a fabricated "Notice of Entry of
Findings and Order After Hearing" in place of a mandatory Judicial Council Notice of Entry of
Judgment FL-190 form. The fake form omits critical appeal rights notifications and other information
included in the mandatory form. Click here for our exclusive report.
News and Views Riverside

Superior Court
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Weightier Matter
Sacramento Family Court temporaryjudgeandfamily law lawyerGary Appelblatt was charged with
13-criminal counts including sexual battery and penetration with a foreign object. The victims were
clients and potential clients of the attorney.The judge pro tem ultimately pleaded no contest to fourof
the original 13-counts, including sexual battery, and was sentenced to 18-months in prison. Court
administrators concealed from the public that Appelblatt held the Office of Temporary Judge.Click
hereto read our report.
CONTRIBUTORS
Cathy Cohen
ST Thomas
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Judge pro tem and SCBA Family Law Section attorneyScott Kendall was disbarred from the practice
of law on Nov. 24, 2011. Kendall was disbarred for acts of moral turpitude, advising a client to violate
the law, failing to perform legal services competently, and failing to keep clients informed, including not
telling a client about a wage garnishment order and then withdrawing from the same case without
notifying the client or obtaining court permission. Court administrators concealed from the public that
Kendall held the Office of Temporary Judge.Click here to view our report.
PR Brown
PelicanBriefed
FCAC News
Judge pro tem attorneys Nancy Perkovich and Jacqueline Estonin 2008 helped Donna Gary - the
wife of Judge Matthew J. Gary - promote and market ClientTickler, a client management software
program for attorneys. The judge reportedly has never disclosed the conflict of interest as required by
the Code of Judicial Ethics. Click here for our exclusive report on the controversy.
In February, 2013 the website of family law firm Bartholomew & Wasznicky cut off the public from the
only online access to The Family Law Counselor, a monthly newsletter published by the Sacramento
Bar Association Family Law Section. Lawyers at the firm include judge pro tem attorneys Hal
Bartholomew, Diane Wasznicky and Mary Molinaro. As SFCN has reported, articles in the
newsletter often reflect an unusual, collusive relationship between SCBA attorneys and court
administrators and judges.Click here for our report.
Family court reform advocates assert that judge pro tem attorneys obtain favorable court rulings on
disputed issues at a statistically improbable rate. The collusion between full-time judges and judge pro
tem attorneys constitutes unfair, fraudulent, and unlawful business practices, all of which are
prohibited under California unfair competition laws, including Business and Professions Code
17200, reform advocates claim.
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Unfair competition and the collusion between judges and judge pro tem attorneys ultimately results in
unnecessary appeals burdening the appellate court system, and other, related litigation that wastes
public funds, exposes taxpayers to civil liability, and squanders scarce court resources.
PR Brown
Follow
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Watchdogs point out that the court operates what amounts to a two-track system of justice. One for
judge pro tem attorneys and another for unrepresented, financially disadvantaged litigants and
"outsider attorneys." Two-track systems are prohibited by the Code of Judicial Ethics, according to
the Commission on Judicial Performance and the California Judicial Conduct Handbook, the gold
standard reference on judge misconduct.Click here for articles about the preferential treatment given
judge pro tem attorneys. Click here for examples of how pro pers are treated.
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After representing a client in Sacramento Family Court, San Francisco attorney Stephen R. Gianelli
wrote "this is a 'juice court' in which outside counsel have little chance of prevailing...[the] court has now
abandoned even a pretense of being fair to outside counsel." Click here to read Gianelli's complete,
scathing account.
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The Sacramento County Bar Association Family Law Section is led by an "Executive Committee"
("FLEC") of judge pro tem attorneys composed ofChair Russell Carlson, Vice Chair Elaine Van
Beveren, Treasurer Fredrick Cohen and Secretary Paula Salinger. Three of the four have been
involved in legal malpractice litigation, violations of the Code of Judicial Ethics, or as a defendant in
federal civil rights litigation. Click here to read SFCN profiles of the Executive Committee members.
Click here for otherarticles about FLEC.
Judge pro tem attorneys are by law required to take or initiate corrective action if they learn that
another judge has violated any provision of the Code of Judicial Ethics, or if a lawyer has violated any
provision of the California Rules of Professional Conduct. Family court watchdogs assert that
temporary judges regularly observe unethical and unlawful conduct by family court judges and attorneys
but have never taken or initiated appropriate corrective action, a violation of the judge pro tem oath of
Labels
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office. To view the applicable Code of Judicial Ethics Canons,Click here. For a Judicial Council
directive about the obligation to address judicial misconduct, a critical self-policing component of the
Code of Judicial Ethics, click here.
ATTORNEYS
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(11)
BARACK
AWONIYI
Sandy
Ambrose, Mark Anthony Ambrose, SBN 141222, Law Offices of Mark A. Ambrose, 8801
Folsom Blvd. Ste. 170, Sacramento, CA 95826. Ambrose unethically advertises himself as a temporary judge.
Kathleen Amos, Kathleen Swalla Amos, SBN 112395, Attorney at Law & Mediator,206 5th
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Street, Ste. 2B Galt, CA 95632.
Gary Appelblatt, Gary Michael Appelblatt, SBN 144158, 3610 American River Drive #112,
Beth
Bunmi Awoniyi, Olubunmi Olaide Awoniyi, SBN 154183, Law Office of Bunmi Awoniyi a
PC,1610 Executive Ct. Sacramento, CA 95864. Awoniyi unethically advertises herself as a temporary judge.
Awoniyi was appointed a Superior Court Judge in December 2012 and holds court in Department 120 of
Sacramento Family Court.
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(4)
CHARLOTTE
KEELEY
(18)
CHILD
CUSTODY
(22)
CHILD
SUPPORT
(4)
CHRISTINA
ARCURI
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VOLKERS
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CJA
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EFF
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Alexandre C. Barbera, C. Alexandre Barbera, SBN 70071,915 Highland Point Drive, Ste. 250
RICHARDS
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DIANE WASZNICKY
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DOCUMENTS
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BEVEREN
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ELECTIONS
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AWARD
(1)
Appelsmith, Beth Marie Appelsmith, SBN 124135,1430 Alhambra Blvd. Sacramento CA
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95816.
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Sacramento, CA 95864. Appelblatt was disbarred by the State Bar on Sept. 24, 2010 afterbeing convicted of
sexual battery against clients. Click here for our exclusive report. Appelblatt is a graduate of McGeorge School of
Law.
LAWYER
(1)
CALIFORNIANS AWARE
(2)
CAMILLE HEMMER
(3)
CANTIL-SAKAUYE
(5)
CARLSSON CASE
(10)
CECIL and CIANCI

(2)
CEO
Amara, Sandra Rose Amara, SBN 166933, Law Office of Sandra Amara,1 California
Street,Auburn, CA95603.
Mark
For-profit, private sector

lawyers who also hold the
Office of Temporary Judge:
CALIFORNIA
or
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(1)
CALIFORNIA
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A number of family court whistleblowers have leaked court

recordsindicating that judge pro tem attorneys receive from
judges kickbacks and otherpreferential treatment in exchange
for operating the familycourt settlement conference program.
(1)
JUDICIAL CONDUCT HANDBOOK
For information about the role of temporary judges in

family court,click here.For officialSacramento County
Superior Courtinformation about theTemporary Judge
Program click here.
Using public records law, Sacramento Family Court

News obtained the list of private practice attorneys
who also act as judge pro tems in Sacramento Family
Law Court. Each lawyer on the list below is currently a
temporary judge, or was a temporary judge in 2009,
2010, 2011, 2012 or 2013.SFCN cross-checked each
name on the Sacramento Countyjudge pro tem list
withCalifornia State Bar Data. The first name in each
listing is the name that appears on the Sacramento
County judge pro tem list, the second name, the State
Bar Number (SBN), and business address are derived
from the officialState Bar data for each attorney. The
State Bar data was obtained using thesearch function
at the State Bar website.
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BARTHOLOMEW
and WASZNICKY
(3)
BUNMI
EMILY
GALLUP
(3)
(4)
EMPLOYEE
MISCONDUCT
(19)
EQUAL PROTECTION
(2)
EUGENE L. BALONON
(1)
EVIDENTIARY OBJECTIONS
(2)
EX PARTE
(1)
F4J
(4)
FAMILY COURT
(9)
FAMILY
COURT
Roseville, CA 95678.
COURT
AUDITS
(1)
FAMILY
CONDITIONS
(2)
FAMILY COURT
MEDIA COVERAGE
(1)
FAMILY COURT PROCEDURE
(1)
FAMILY
COURT
SACRAMENTO
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Third District Court of Appeal:
Justice, Ideology & Conflicts of Interest
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A Sacramento Family Court News investigation indicates that ideology and undisclosed conflicts of interest play a significant role in the
outcome of appeals in the Third District Court of Appeal.
An Exclusive Sacramento Family Court News Investigation
SUBJECTS AND POSTS
JUDICIAL MISCONDUCT
(67)
JUDGE PRO TEM
(50)
ATTORNEY MISCONDUCT
(35)
MATTHEW J. GARY
(33)
FLEC
(28)
ARTS & CULTURE
(23)
CHILD CUSTODY
(22)
PETER J. McBRIEN
(22)
SCBA
(22)
ROBERT SAUNDERS
(21)
WATCHDOGS
(20)
EMPLOYEE MISCONDUCT
(19)
CHARLOTTE KEELEY
(18)
CJP
(18)
This ongoing investigative project was updated in April, 2015.
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Sacramento Family Court Newsis conducting an ongoing investigationof published and unpublished 3rd District
Court of Appeal decisions in trial court cases originating from family courts. This page is regularly updated with
our latest news, analysis, and opinion. Our preliminary findings reveal an unsettling link between how an appeal is
decided and the political ideology, work history, and family law bar ties of the court of appeal judges assigned to
the appeal.
DOCUMENTS
(16)
DIVORCE CORP
(15)
JAMES M. MIZE
(15)
Our investigation indicates that the outcome of an appeal is in large part dependent on the luck of the justice draw
and the undisclosed connections between the trial court judge whose order is appealed, the trial and appellate
court attorneys, and the judges assigned to resolve the appeal.
COLOR OF LAW SERIES
(11)
The collusive atmosphere falls hardest on unrepresented or "pro per" appeal parties who can't afford to hire a
local appellate attorney. 3rd District appeal outcome statistical data reveals a virtually perfect record of success for
attorneys in cases where the opposing party is a pro per. Appeals taken by pro per litigants rarely, if ever,
succeed.
RAPTON-KARRES
(11)
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PRO PERS
(18)
In addition, a separateSFCN investigation has uncovered evidence that both trial and appellate court judges,
part-time judges, and court employees deliberately obstruct appeals by indigent, unrepresented parties. Appeal
data from the Third District reveals that most pro per appeals are never decided on the merits and are instead
(11)
SATIRE
(11)
WHISTLEBLOWERS
(11)
WOODRUFF O'HAIR
POSNER and SALINGER
dismissed on legal technicalities, which are often caused by the deliberate acts of government employees.
(11)
Court whistleblowers assert and have documented that the family law division of Sacramento Superior Court and
the 3rd District Court of Appeal effectively operate as a RICO racketeering enterprise that deprives the public
of the federally protected right to honest government services, and includes predicate acts of mail and wire
fraud. Click here to read our full report on the allegations.
CARLSSON CASE
(10)
JAIME R. ROMAN
(10)
LAURIE M. EARL
(10)
NO CONTACT ORDERS
(10)
Third District Court of Appeal cases are assigned to three of ten judges. The background of each appears to be
a critical factor in how an appeal is decided.
CHRISTINA VOLKERS
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The 2014 documentary film Divorce Corp, designated Sacramento County as the most corrupt family court in
the United States. Court watchdogs contend that the scale and scope of the corruption rivals the Kids for Cash
scandal in Luzerne County, Pennsylvania, which also became a documentary film.
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Friends in Low Places
JESSICA HERNANDEZ
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JULIE SETZER
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For example, 3rd District unpublished opinions

show that Court of Appeal justices who were
elevated to the appellate courtfrom Sacramento
CountySuperior Court will often effectively
cover for judicial errors in appeals from the same
court.
Third District Justices George Nicholson,

Harry E. Hull, Jr.,Ronald B. Robie, and
Presiding Justice Vance W. Rayepreviously
were trial court judges inSacramento County
Superior Court.
3rd District Court of Appeal watchdogs assert that appeal

outcomesare inconsistent, and in large part determined by
the work history,and social or professional connections
ofthe three judges assignedtodecide an appeal.
Each have personal, social, or professional ties to family court judges and attorney members of the Sacramento
County Bar Association Family Law Section.After his retirement in 2011, 3rd District Presiding Justice
Arthur Scotland described the professional and personal relationships he had with attorneys during his career on
the bench.
"[I] enjoy friendships...I go to all the county bar events. I do that for two reasons. One, I think
it's a responsibility of a judge to be active in the community, and the attorneys appreciate it.
But I really like the people. I really like going to these events. I enjoy friendships and that sort
of thing." Click here to view Scotland's statement.
Ju
Sacramento Lawyer, the monthly magazine of the Sacramento County Bar Association each month publishes
accounts of recent social, educational and charitable events sponsored by the association, its 17 specialty law
sections - including the family law section - and its eight local affiliates, including the Asian/Pacific Bar
Association, and Women Lawyers of Sacramento. Most are well attended by a mix of state and federal judges,
court administrators, supervisors and employees, and lawyers.
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To get a sense of the collusive atmosphere in Sacramento Family Law Court, we recommend reading our special
Color of Law series of investigative reports, which document the preferential treatment provided by family court
employees and judges to SCBA Family Law Section lawyers at the trial court level. Click here to view the Color
of Law series.Financially disadvantaged, unrepresented litigants who face opposing parties represented by SCBA
attorneys assert that the collusive collegiality taints appeal proceedings in the appellate court.
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Pro per advocates contend that under Canon 3E(4)(a) and (c) of the Code of Judicial Ethics, Raye, Robie, Hull
and Nicholson should disqualify themselves from participating in any appeal originating fromSacramento Family
Law Court. Advocates argue that the same conflict of interest principles apply to family court appeals that resulted
in the self-recusal, or removal, of Vance Raye from participating in the 2002 Commission on Judicial
Performance prosecution of family courtJudge Peter McBrien. To view the 2002 Raye recusal andCJP decision
against McBrien, click here.The CJP has disciplined judges for violating the Code of Judicial Ethics rules
requiring judges to disclose conflicts. Click here for examples of CJP conflict of interest disciplinary decisions.
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It is a basic principle of law that state appellate justices and federal judges with personal or professional
relationships with trial court judges connected to an appeal or federal court action should disqualify themselves to
avoid the appearance of partiality. Click here to view a recent order issued by a federal judge disqualifying the
entire bench of the Fresno Division of the US District Court for the Eastern District of Californiadue to personal
and professional relationships with local state court judges.
Above the Law
The conflict disclosure problem infects the Superior Court as well. To the benefit of local family law attorneys who
also hold the office of temporary judge in the same court, Sacramento Family Law Court judges effectively have
LEGAL NEWS &

INFORMATION
The Divorce Artist
institutionalized noncompliance with state conflict of interest disclosure laws.Click here. For an example of a
Sacramento County civil court trial judge who fully complied with conflict laws, click here.Without oversight or
accountability, family court judges routinely - and in violation of state law - ignore the same disclosure
requirements.
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Courthouse News Service
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History & Origins of the Current Sacramento County

Family Court System
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Google Scholar-Includes
Unpublished Case Law
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In 1991, as a superior court judge, current3rd District

Justice Vance Raye partneredwith controversial family
court Judge Peter J. McBrien and attorneys from the
Sacramento County Bar Association Family Law
Sectionin establishing the current, dysfunctional Sacramento
Family Courtsystem, according to the sworn testimony of
McBrien at his 2009 judicial misconduct trial before the
Commission on Judicial Performance.
California Statutes
CALIFORNIA JUDICIAL
BRANCH
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Behind closed doors and under oath, the judge provided

explicit details about the 1991 origins of the present-day
family court structure. The public court system was built to the
specifications of private-sector attorneys from the SCBA
Family Law Section Family Law Executive Committee,
according to McBrien's testimony.To view McBrien's detailed
description of the collusive public-private collaboration, posted
online exclusively by SFCN, click here. To view the same,
current day collusion, click here.
California Official Case Law
The 1991 restructuring plan began with a road trip suggested

by the family law bar:
"[T]he family law bar, and it was a fairly strong bar

Tani Cantil Sakauye worked with Peter J. McBrien
here in Sacramento, initiated the concept of a trip
in Sacramento County Superior Court from 1997-2005.

to Orange County and San Diego County to pick up
some ideas about how their courts were structured.
And myself and Judge Ridgeway and two family law attorneys made that trip and came back
with various ideas of how to restructure the system," McBrien told the CJP.Click hereto view.
Ju
But before his sworn 2009 CJP testimony, McBrien gave the public a different account of the road trip and who
restructured the family court system in 1991.As reported by the Daily Journal legal newspaper
McBriendishonestly impliedthat the system was conceived and implemented by judges alone after they made a
county-paid "statewide tour" of family law courts. The judge omitted from the story the fact that the trip was initiated
by the family law bar, and included two private-sector family law attorneys who took the county-paid trip with
McBrien and the late Judge William Ridgeway.
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"[M]cBrien and a few other Sacramento judges went on a statewide tour of family law courts.
At the time, there were continual postponements of trials. 'This is how we came up with the
system today,' McBrien said. 'It was the best trip Sacramento County ever paid for.' The
judges changed the local system so that family law judges presided over both law and motion
matters and trials..."the Daily Journal reported. Click here to view.
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Under oath, McBrien admitted that the private-sector, for-profit family law bar dictated the public court facility
restructuring plan - conceived to serve the needs and objectives of SCBA Family Law Section member attorneys
- which then essentially was rubber-stamped by the bench.
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"[T]he Bar culled through the various ideas and options, came up with a plan, presented it to
the family law bench. We made what adjustments we felt were appropriate and then presented
the whole of it to the full bench," and the plan was approved. Click here to view.
In essence, McBrien disclosed that the current public court system was set up by and for local attorneys with little, if
any, consideration of theneeds of the 70 percent of court users unable to afford counsel. The system also has
shown it is designed to repel carpetbagger, outsider attorneys, like Stephen R. Gianelli of San Francisco, and
Sharon Huddle of Roseville. Click here and here.
"[T]his is a 'juice court' in which counsel outside Sacramento have little chance of prevailing...
[the] court has now abandoned even a pretense of being fair to out-of-town counsel," Gianelli
said.
According to the Commission on Judicial Performance - the state agency responsible for oversight and
California Courts
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accountability of California judges - the structure is known as a "two-track system of justice."
Fathers 4 Justice
"In this case, we again confront the vice inherent in a two-track system of justice, where
favored treatment is afforded friends and other favored few, and which is easily recognized as
'corruption at the core of our system of impartial equal justice, and...intolerable," the CJP said
in a 2005 judicial discipline decision involving a Santa Clara County judge.To view a list of
similar CJP decisions, click here.
HuffPost Divorce
Leon Koziol.Com
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Moving Past Divorce
According to the gold standard reference on judicial ethics, the California Judicial Conduct Handbook [pdf],
published by the California Judges Association, providing preferential treatment to local, connected attorneys
also is known as "hometowning," and is prohibited by the Code of Judicial Ethics.To view this section of the
Handbook, click here.
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News and Views Riverside

Superior Court
Weightier Matter
Keeping Neutral Judges Out-of-the-Loop
CONTRIBUTORS
One objective of the revamped system was to

keep all family court proceedings in-house: within
the isolated family relations courthouse. Prior to
the change, trials were conducted at the
downtown, main courthouse and before judges
more likely to have a neutral perspective on a
given case, and less likely to have ties to the
family law bar.
Cathy Cohen
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"The judges changed the local system

so that family law judges presided over
both law and motion matters and trials,
which used to be sent to a master
calendar department and competed
with criminal trials for scheduling," the
Daily Journal reported.
PR Brown
PelicanBriefed
FCAC News
RoadDog
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Justice Ronald Robie performs in the "Judge's Choir" for the
Sacramento County Bar Association Family Law Section
Holiday Luncheon.
PR Brown
Follow
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Family court watchdogs and whistleblowers

allege that under the system set up by Raye and
McBrien, the local family law bar - through the
Family Law Executive Committee or FLEC now controls for the financial gain of members
virtually all aspects of court operations, including
local court rules.A cartel of local family law
attorneys receive preferential treatment from
family court judges and appellate court
justicesbecause the lawyers are members of the
Sacramento Bar Association Family Law
Section, hold the Office of Temporary Judge,
and run the family court settlement conference
program, court reform advocates charge.
ST Thomas
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Court watchdogs have catalogued and documented examples of judge pro tem attorney favoritism, and
flagrantbias against unrepresented litigants and "outsider" attorneys. Click here for a list of watchdog claims.
Published and unpublished 3rd District opinions indicate that Court of Appeal justices without direct ties to the
same superior court are more likely to follow the law, and less likely to whitewash trial court mistakes.
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Carlsson Case Exposes 3rd District Ideology &

Undisclosed Conflict of Interest Issues
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One of these things is not like the others, One of these things just doesn't belong,
Can you tell which thing is not like the others, By the time I finish my song?
Third District Court of Appeal Justices Ronald B. Robie, Harry E. Hull Jr., George Nicholson and Cole Blease.
Only Blease (R) has no past connection to Sacramento County Superior Court.
One of the few Third District opinions to critically, and scathingly scrutinize the problematic Sacramento Family
Court system was the 2008 decisionIn re Marriage of Carlsson, authored by Associate JusticesM. Kathleen
Butz, Cole Blease and Rick Sims.The opinion criticized explicitly the conduct of controversial Sacramento
County Family Court Judge Peter J. McBrien. None of the three 3rd District justices who decided the appeal
had ever worked as a judge in Sacramento County.
A fourth outsider jurist,Sixth District Court of Appeal Presiding Justice Conrad L. Rushing subsequently
characterized McBrien's conduct in the Carlsson case as a "judicial reign of terror."In addition to ordering a full
reversal and new trial, the 3rd Districtdecision subjected McBriento a second disciplinary action by the state
Commission on Judicial Performance.
Ju
The judge's first go-round with the CJPstemmed from McBrien's 2000 arrest for felony vandalism under Penal
Code 594 in connection with the destruction of public-owned trees - valued at more than $20,000 - at the Effie
Yeaw Nature Center in Ancil Hoffman Park, Carmichael, California. McBrien had the trees cut to improve the
view from his home on a bluff above the park. Click here for the 2001Sacramento News and Review coverage
of the case.Click here to view the original summons charging McBrien with felony vandalism. Click here to view
the report of Sacramento County District Attorney's Office Criminal Investigator Craig W. Tourte detailing the
complete investigation of McBrien's crime, posted online for the first time exclusively by SFCN.
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Less than 48 hours after the judge was charged with the felony, McBrien negotiated a plea bargain, pleading no
contest to a misdemeanor violation of Penal Code 384a,paying restitution of $20,000, and a fine of $500.The
improved view increased thevalue of the judge's home by at least $100,000, according to a local real estate
agent, and the sweetheart deal outraged the Ancil Hoffman Park personnel who originally discovered the
butchered trees and conducted the initial investigation. McBrien's subsequent 2009 sworn testimony before the
CJP recounting his criminal case starkly contradicted Tourte's report and the truth about his criminal conviction.
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In the documentary film Divorce Corp, Ulf Carlsson describes egregious misconduct by Sacramento Family Law Court Judge Peter McBrien. Using
COURT
misleading sworn testimony about McBrien's reversal rate in the appellate court, 3rd District Court of Appeal Presiding Justice Arthur G. Scotland
AUDITS
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Among other slight-of-hand tricks, Scotland devised

a clever artifice to make it appear to the CJP judges
assigned to decide McBrien's fate that the trial court
judge had a much lower than average rate of
reversal in the court of appeal.
Scotland's 2009 testimony on McBrien's behalf

also was controversial and may itself have violated
the Code of Judicial Ethics. A critical self-policing
component of the Code,Canon 3D(1) requires
judges who have reliable information that another
judge has violated any provision of the Code take
"appropriate corrective action, which may include
reporting the violation to the appropriate authority."
Click here to view Canon 3D(1).Click here to view
a Judicial Council directive about the duty to take
corrective action, and the types of corrective action
required.
Tani Cantil-Sakauye, Arthur Scotland, George Nicholson and
Peter McBrien all workedfor former California Attorney General
Ju
While under oath before the CJP, Scotland verified
and Governor George Deukmejian.All were appointed to the
Sacramento County bench by Deukmejian.

that he was aware ofMcBrien's misconduct in the
Carlsson case.Scotland essentially defied the selfpolicing Canon and, in effect,the published Carlsson opinion authored by his co-workers Butz, Blease and Sims,
and instead testified in support of McBrien at the CJP. In it's final decision allowing McBrien to remain on the
bench, the CJP specifically cited Scotland's testimony as a mitigating factor that reducedMcBrien's punishment.
Click here.An examination of Scotland's career in government - funded by the taxpayers of California - provides
insight into the tactics, motives, and questionable ethics behind his unusual involvement in the McBrien matter.
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By his own admission, Scotland's career in the Judicial Branch of government was the result of connections and
preferential treatment. The former justice candidly recited his life history in a nearly three-hour interview for the
CaliforniaAppellate Court Legacy Project in 2011. Like other gratuitous "tough-on-crime"conservative
ideologues from a law enforcement background who rose to power in the 1980's, Scotland apparently lived the
cliche of beingborn on third base and going through life thinking he hit a triple. His interest in law developed
when he worked as an undercover narcotics agent for the state Department of Justice.
"[I] bluffed my way through the interview, and I got hired as a narcotics agent in 1969...I was
an undercover narcotics agent. I've bought a lot of dope in my life...all lawfully, but I've
bought a lot of dope," Scotland said. "And I testified in court. And that's what got me
fascinated in the legal process...and it got me involved in the law." Click here to view.
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et
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On his second trip to the CJP woodshed, Judge

PeterMcBrien needed all the help he could get to
save his job, and then-Third District Court of
Appeal Presiding Justice Arthur Scotland
delivered in a big way.
(1)
FAMILY
COURT
SACRAMENTO
(2)
FAMILY
Presiding Justice Arthur G. Scotland Intervenes in

McBrien CJP Prosecution
Having worked with prosecutors as an undercover cop, Scotland

decided he wanted to be one. But due to his lackluster
performance as a college student, law school presented a
problem, albeit a problem easily solved through a family
connection.
"[I] thought, I want to be a prosecutor. I'm going to go
to law school; I want to be a prosecutor. So I applied
in 1971. I applied to only one school: University of the
Pacific, McGeorge School of Law...[M]y grades weren't
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all that great. I did very well on the LSAT test: I did
excellent on that. But I didn't figure I could get
accepted anywhere else, 'cause I really hadn't been a
serious student. So I went to University of Pacific,
McGeorge School of Law," Scotland explained.
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After graduation, but before he was licensed to practice law, Scotland nonetheless practiced law while employed as
a deputy district attorney for Sacramento County. In the outside world, the unauthorized practice of law is a
crime. But in Scotland's protective law enforcement bubble, "laws" are only enforced against drug addicts and the
unwashed masses. As Scotland explained in his own words, laws are actually only "rules" when a sworn peace
officer breaks one.
"Actually, before I even got sworn in in the bar, I was assigned out to juvenile hall and we
prosecuted...I prosecuted cases without any supervision - you know, against...really against
the rules...we were trying cases without any supervision." Click here.
In McGregor v. State Bar, the seminal case on the unauthorized practice of law, the California Supreme Court
explained why a nonlicensed person is prohibited from exercising the special powers and privileges of a lawyer.
"The right to practice law not only presupposes in its possessor integrity, legal standing and
attainment, but also the exercise of a special privilege, highly personal and partaking of the
nature of a public trust. It is manifest that the powers and privileges derived from it may not
with propriety be delegated to or exercised by a nonlicensed person." Click here.
Ju
25 years after he obtained his license to practice law, Justice Arthur G. Scotlandexploited the implied integrity of
his court of appeal office and exercised his special privilege in a way that to many Sacramento Family Court
litigants was a manifest violation of the public trust.
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The Artifice
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PARENT
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"I didn't know [McGeorge Dean Gordon D.Schaber],

but my dad did. And my dad had done some life
insurance, estate planning work for McGeorge. And
again, my dad was an influence on my life because he
Arthur Scotland used a family connection to get into
knew people and he set me up with jobs. And I'm sure
a law schoolwith liberal admission standards.

that one of the reasons I got selected for McGeorge
School of Law is my dad's relationship with the dean."Click here to view.
T. GARCIA
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(4)
NANCY
RIGHTS
In his Commission on Judicial Performance sworn character witness testimony for his old friend and law
enforcement co-workerPeter McBrien, Arthur Scotland drew on his training and experience in deceit from his
days as a narc."[Y]ou have to be an actor, you have to play the game," Scotland explained in the 2011 interview.
In front of the three CJP judges responsible for hearing evidence and deciding McBrien's fate, Scotland concocted
a clever, deceptive plan - an artifice in legal terminology - and convincingly delivered an award worthy actor's
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LAW
To help his old friend Pete McBrien keep his job, Justice Arthur G. Scotland concocted a clever plan intended to deceive the judges
deciding McBrien's punishment at the Commission on Judicial Performance.
(1)
ALIENATION
SCHOOL
(4)
SOCIOECONOMIC BIAS
(5)
STATE AUDITOR
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STATE BAR
(5)
STEPHEN
WAGNER
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LEAVENWORTH
WHITE
BURLINGHAM
GEVERCER
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STEUART
STEVE
STEVEN
STEVEN
STEVEN
performance.
SUNDAY
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FUNNIES
SPIELBERG
(1)
While testifying for McBrien,Scotland also revealed that his appearance on the troubled judge'sbehalf effectively
was voluntary. Before subpoenaing Scotland to testify, McBrien's defense attorney confirmed that Scotland would
not object to the subpoena. Click here. Judicial ethics Canon 2B restricts use of the prestige of judicial office to
advance the personal interests of the judge or others. Canon 2B(2)(a) permits a judge to testify as a character
witness only when subpoenaed.
SUNSHINE
WEEK
(2)
SUPERIOR COURT
(2)
SUPREME COURT
(3)
TAMI
The transcript of Scotland's testimony also showed that -to prepare his CJP testimony - the presiding justice of the
3rd District affirmatively and voluntarily took theinitiative (presumably on his own time) to research 3rd District
family court appeals where McBrien was the trial court judge. His objective was to show the CJP that McBrien had
a low reversal rate in the appellate court.
STEVENS
(1)
THE RUTTER GROUP
THOMAS WOODRUFF
(5)
TIMOTHY ZEFF
(5)
TOMMY
ULF
LEE
JONES
(1)
CARLSSON
(6)
UNITED
NATIONS
(1)
UPDATE
(2)
VANCE W. RAYE
(3)
VEXATIOUS LITIGANT
(2)
VICTORY OUTREACH CHURCH

(1)
VL-CLASS-ACTION
[McBrien had] seven reversals in whole or in part, out of 110 appeals, which is about 6%,
which actually is a remarkably good reversal rate. Because our average reversal rate in civil
cases is 20 to 25 percent." Scotland testified at pages 549-553 of the reporter's transcript. Click
here.
Scotland's claim that McBrien had a
"remarkably good reversal rate" was,
at best, a half-truth. Under the legal
and ethical standards applicable to
lawyers and judges, a half-truth is the
same as a "false statement of fact" or
what the general public refers to as a
lie. Click here.
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What Scotland withheld from the CJP

is the fact that the vast majority of
appeals from family court are never
decided on the merits. Unlike appeals
from civil cases, most family court
appeals are taken by unrepresented
parties who fail to navigate the
complexities of appellate procedure
and never make it past the preliminary
stages of an appeal. In other words,
Scotland rigged his statistics. While
McBrien may have had seven
reversals out of 110 appeals filed, only
a small portion of the 110 appeals filed
were actually decided on the merits.
Arthur Scotland poses with the fruits of a drug bust from his days as an
undercover cop. Trained to lie and deceive in order to make undercover
drug buys, Scotland acknowledged his skill in the role.
"You have to be an actor, you have to play the game," he said in 2011.
Scotland then made a disingenuous, self-serving apples-to-oranges comparison between the reversal rate in civil
case appeals - where both sides are usually represented by an attorney, or team of attorneys, and appeals are
decided on the merits - with the reversal rate in family court cases, where neither qualifier is true.SFCNcurrently is
conducting an audit of 3rd District family court appeals, and will have more on this subject in the near future.
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THOMAS M. CECIL
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I've known Judge McBrien for 32 years. I got to know, then, Deputy Attorney General Pete
McBrien. When I left the Sacramento County District Attorney's Office and went to work for
the California Attorney General's Office, he was already a Deputy Attorney General there. So I
got to know him there, mainly professionally. Socially to a relatively minor extent. We had -we had two co-ed softball teams. He played on one; I played on another. Of course, we would
attend office functions together. His -- one of his very best friends was my supervisor in the
Attorney General's Office. So, on occasion -- not frequently, but on occasion we would attend
social events with others from the office....
BLIZZARD
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"I also, by the way -- when you called me to ask if I would object to being Subpoenaed as a
witness, and I said no, I did research. I looked up -- I knew what this was all about, so I
researched the number of appeals from cases from Judge McBrien's court. And so I -- and I
looked -- I read all the opinions in which he was reversed in full or in part...
BOGERT
(1)
TAXPAYERS
(1)
TERRY FRANCKE
(1)
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Blame the Victim

In a final act of both flagrant cronyism to his friend and former Department of Justice co-workerPete McBrien,
and disrespect to the work of his fellow 3rd District Court of AppealJusticesKathleen Butz, Cole Blease and
Rick Sims whose published opinion in the Carlsson caseresulted in McBrien's prosecution by the CJP, Scotland
(1)
WALL
STREET JOURNAL
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WASTE
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(20)
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PROTECTION
ACT
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O'HAIR POSNER and
SALINGER
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XAPURI B.
VILLAPUDUA
(4)
YOLO
COUNTY
(1)
YOUTUBE
(7)
had the balls to suggest that disciplining McBrien for his conduct in Carlsson would be a "miscarriage of justice,"
that would allow "incompetent attorneys to run the court instead of competent judges."
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"And you haven't asked me this question, but if [McBrien] were, for some reason, to be found
to have violated the canons of judicial ethics, or whatever, I frankly -- I know about these
cases; I know about the Carlsson case. I think it would be a miscarriage of justice. I think it
would send the wrong signal to judges and practitioners that you don't allow -- that you would
be allowing incompetent attorneys to run the court instead of competent judges," Scotland
testified at the CJP.
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However, Scotland's incompetence assertion to the CJP

did, coincidentally, perfectly dovetail with
thecarefullycrafted defense McBrien's legal team
presented during three days of CJP testimony to the
three-judge CJP panel assigned to decide McBrien's
fate.
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Like Scotland, 6th District Court of Appeal Presiding Justice Conrad Rushingknew well the Carlsson case,
which he said "developed a certain notoriety."Unlike Scotland, Rushing wasn't an old friend and coworker of
McBrien who would disingenuously suggest the blame for McBrien's "reign of terror" lay with an incompetent
attorney. Scotland's colleagues at the 3rd District,Butz, Blease and Sims reversed and remanded the Carlsson
case for retrial based on extremely rare, reversible per se, egregiousstructural and constitutional error by Judge
McBrien.Aftercarefully scrutinizing the trial court record, the panel made no mention of attorney "incompetence" in
their published opinion.
A key component of McBrien's defense relied on

suspiciously consistent witness testimony portraying Ulf
Carlsson's attorneySharon Huddle as incompetent and
effectively provoking McBrien's multiple violations of the
Code of Judicial Ethics. CJP prosecutor Andrew Blum
mocked the risible defense in a confidential court
reporter transcript leaked to SFCN. Click here to view
the transcript.
Ironically, the time-tested, repugnant but effectiveblame
the victim strategy, was coldly aided and abetted by
Scotland, a justice who rose to power with the backing
and endorsements of victims rights groups
includingCrime Victims United of California, and the
Doris Tate Crime Victims Bureau. To help McBrien's
defense team, Scotland dusted off thedog-eared
playbook of exploiting victims, one way or another, to
advance his personal agenda.
Contrary to the explicit findings by his colleagues at the 3rd District

Court of Appeal, in his deceptive CJP testimony JusticeArthur
Scotland blamed attorney Sharon Huddlefor the egregious
misconduct of his old friend, Judge Peter McBrien.
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Scotland's irony-infusedblame the victim testimony,

misleading appeal reversal data, and theweight of character witness testimonyfrom a sitting Court of Appeal
presiding justice, along with similar character testimony from Sacramento CountySuperior Court Judges James
Mize, Thomas Cecil (currentlyOf Counsel at the family, family law firm Cecil & Cianci) , Michael Garcia and
Robert Hight, and Sacramento County Bar Association Family Law Section attorneys and judge pro
temsCamille Hemmer, Jerry Guthrie, Robert O'Hair and Russell Carlson all tipped the scale just enough to
enable McBrien to keep his job. Click here to view the complete, 12-page CJP summary of the McBrien character
witness testimony.
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Despite the parade of former law enforcement co-workers, friends, and family court judge pro tem
croniesMcBrien marshaled on his behalf, two of the voting CJP members saw through the ruse and dissented
from the decision to let the judge remain on the bench, stating they would have removed McBrien from
office.Click here.When he referred to McBrien's conduct in the Carlsson case as a "judicial reign of terror," 6th
District Justice Rushingalso noted that "two of the nine participating members [voted] to remove him from
the bench." Click here.
The Carlsson case is prominently featured in Divorce Corp, a documentary film that "exposes the corrupt and
collusive industry of family law in the United States." The production team for the film conducted a nationwide
search for the most egregious examples of family court corruption and collusion, and four Sacramento County
cases are included in the movie. Narrated by Dr. Drew Pinsky,Divorce Corp opened in theaters in major U.S.
cities on January 9, 2014. Following the theatrical run, the documentary will be released on DVD, RedBox, Netflix,
broadcast and cable TV. Click here for our continuing coverage of Divorce Corp.To view trailers for the movie on
YouTube, click here.
Rehabilitation FAIL
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The near-career death experience apparently has had no discernible corrective effect on the ethically-challenged
judge. In subsequent proceedings in his courtroom involving the judge pro tem attorneys (and lawyers at the
same firms as the judge pro tems) whose CJP testimony effectively saved his $170,00 per year job,McBrien
reportedly has never disclosed to opposing parties and attorneys the potential conflict of interest as required by
Canon 3E(2) of the Code of Judicial Ethics. The failure to disclose the potential conflict is a violation of the canon
and other state laws, according to the CJP, Judicial Council, and California Judges Association. For the
exclusive SFCN report on conflict of interest law, click here.
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In addition, unpublished Third District Court of

Appealdecisions indicate that justices who come
from a law enforcement background appear to take
to the bench with them the "Blue Code of Silence"
culture often found in law enforcement agencies.
3rd District Associate Justice George Nicholson
worked as a prosecuting attorney for more than
15 years before being appointed to the bench in
Sacramento County. The first time Governor
George Deukmejian submitted Nicolson's name to
the bar for review as a judge in 1983, he was rated
as "not qualified," according to the Sacramento
Bee.
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Justice George Nicholson & the Law Enforcement

BlueCode of Silence
"George Nicholson, Republican candidate

for attorney general in 1982, has been
pursuing all manner of public legal
positions: U.S. District Court judge,
California Superior Court judge, U.S. Attorney, public defender in Riverside County. The other
day, when Gov. George Deukmejian appointed him a Sacramento Municipal Court judge, he
finally got one. It's an appointment that ought to cause serious concern both within the State
Bar and in the community. When Deukmejian submitted Nicholson's name to the bar for
review on a possible appointment to the Superior Court in 1983, he was rated 'not qualified.'
The bar now ranks him 'qualified', the lowest acceptable rating of three the bar can give.
Third District Court of Appeal Associate Justice George Nicholson
rode to the benchon a "law and order" agenda.
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No one can be certain precisely why Nicholson received such low ratings, but there is enough
in his public record to raise serious questions about his temperament and judgment. In 1979,
he left a job as director of the District Attorneys Association after an audit showed that the
organization's finances had been badly mismanaged and that it was on the verge of
bankruptcy. Later, as a senior assistant attorney general, he was twice admonished by
superiors for promoting a ballot measure in ways that could be mistaken as an official state
Justice Department endorsement of the measure. More recently, a federally funded $4 million
'National School Safety Center' affiliated with Pepperdine University that he directed was
embroiled in an extended controversy during which 18 of 30 staff members either resigned or
were fired.
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The U.S. General Accounting Office, which conducted an audit into the management of the
Pepperdine program and into how the federal money was being spent, cleared the center of
fiscal irregularities, attributing the problems to Nicholson's 'combative' personality and
management style. But because of those problems, Pepperdine named a new executive
director, who, the auditors said, restored stability to the management of the program 'while
retaining Nicholson's creative talents,'" the Sacramento Bee said in 1987. Click here.
Nicholson subsequently was elected to both Sacramento County Superior Court and the 3rd District Court of
Appeal with backing from law enforcement, Crime Victims United and other Astroturf "victims rights" and "law
and order" groups. Crime Victims United is funded by - and acts essentially as asubsidiaryof - the California
Correctional Peace Officers Association, the controversial prison guard union.
A principal architect of Proposition 8 the "The Crime Victims' Bill of Rights", after a failed run as the GOP
candidate for attorney general Nicholson rode an anti-Rose Bird, tough-on-crime platform to the bench. Over
several decades, Associate Justice Nicholson played a significant role in giving the United States one of the
highest per capita rates of incarceration in the world. Thanks to Nicholson, the prison guard union, and
Astroturf "victims rights" groups bankrolled by the union, California now spends a significantly larger portion
of the state budget on corrections than on higher education.
Role of Political Ideology
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In 1985, Nicholson was demoted from his position as

director of the federally financed National School Safety
Center in Sacramento. The center was administered by
Pepperdine University at Malibu, and established with a
$3.8 million Justice Department grant awarded without
competitive bidding.
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Under Nicholson's leadership, 20 of the original 30 staff

members who set up the Center resigned or were
dismissed. The Associated Press reported that that the
debacle was rooted in ideological conflicts between
Nicholson and staff whom Nicholson perceived as too
liberal. According to the AP coverage:
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"Several [staffers] described Nicholson as a

political conservative who mistrusted his
mostly liberal staff members, argued with them
unceasingly about the direction of projects, and
accused them of disloyalty when they
questioned his ideas.
'When it became obvious to him he attracted a
number of us with a different political
philosophy, we were not permitted to do our
work,' said Shirley Ruge, a former principal of
schools for delinquent children and one of
those dismissed. 'We were considered
troublemakers and he wanted to shut us up.'"
Nicholson and former 3rd District Presiding Justice

Arthur Scotland have been close friends and colleagues
for more than 30 years. For the California Appellate
Court Legacy ProjectNicholson conducted an almost
three-hour interview with Scotland on December 8, 2011.
The transcript of the interaction reads like a meeting of the
Nicholson-Scotland mutual admiration society. Nicholson
opened the interview detailing the joint work history of the
BFFs.
3rd District Court of Appeal watchdogs assert that
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Justice George Nicholson is ethically-challenged,

"George Nicholson: We are here with retired
and not particularly qualified to speak on the subject.
Presiding Justice Arthur G. Scotland, who
served on the Court of Appeal, Third Appellate
District, for more than 20 years, from 1989 to 2011, and that...the last dozen of which he was
the Administrative Presiding Justice. I'm George Nicholson, Justice of the Court of Appeal,
Third Appellate District, and I had the pleasure of serving with Presiding Justice Scotland for
20 years on this court. Before that, we served together as trial judges on the Sacramento
Superior Court, and even before that we served together in the Governor's Office during the
Deukmejian administration and in the California Department of Justice. This has been a long
time coming, Scotty, hasn't it?Arthur Scotland: Nick, it has, and it's a delight for me to have you
interview me for this project."
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Click here to view the full interview transcript.
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"Judgment Roll" Standard of Review Hits Hardest

Indigent and Low-Income Litigants
In addition, the Third District Court of Appealin Sacramento applies a unique and previously rarely used
"judgment roll" standard of review that in virtually every case where applied results in affirmance of trial court
rulings. Appeals brought by self-represented indigent and low-income litigants make up the vast majority of appeals
where the 3rd District applies the judgment roll standard of review. Although the appellate court has authored
dozens of decisions invoking the draconian standard against family court litigants, it has managed to keep the
assembly line, boilerplate process under the radar. The court has not published a single judgment roll appeal
originating from family court. Click here to see a list of unpublished 3rd District opinions archived by Google
Scholar. The judgment roll summary affirmance process helps the court maintain its title as the most
efficientCourt of Appeal in the state. Equal protection of the law is implicated because other appellate court
districts do not apply the standard nearly as often as the Third District. Equal application of the law is a
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foundational attribute of American Democracy.
Justices of the Third District Court of Appeal in Sacramento:

Vance W. Raye, Administrative Presiding Justice.
Cole Blease
Ronald Robie
William Murray Jr.
George Nicholson
Kathleen Butz
Elena Duarte
Harry Hull Jr.
Louis Mauro
Andrea Lynn Hoch
For additional Sacramento Family Court News reporting on the Court of Appeal for the Third Appellate
District, click here.
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Click to visit Sacramento Family Court News on: Facebook, YouTube, Google+, Scribd, Vimeo, and Twitter.
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Chief Justice Tani Cantil-Sakauye, Justice Goodwin Liu, Justice Marvin R. Baxter, Justice Ming W. Chin, Justice Kathryn M. Werdegar,
Justice Joyce L. Kennard, and Justice Carol A. Corrigan of the Supreme Court are responsible for oversight and accountability of the 3rd
District Court of Appeal, and the other appellate courts in the state.
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Tani G. Cantil-Sakauye & Oversight of California Courts

State officials and agencies responsible for oversight and accountability of California courts, Sacramento Family Law Court, administrators, judges and employees include:Tani
G. Cantil-Sakauye Chief Justice - Elaine M. Howle State Auditor Bureau of State Audits - Victoria B. Henley Director Chief Counsel
or
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Commission on Judicial Performance - Steven Jahr Administrative Director of the Courts - Phillip J. Jelicich Principal Auditor Bureau of State Audits - Janice M.
Brickley Legal Advisor to Commissioners Commission on Judicial Performance - Judicial Council and Court Leadership Services Division Jody Patel Chief of Staff - Doug D. Cordiner
Chief Deputy State Auditor Bureau of State Audits - Bradford L. Battson Senior Attorney III Commission on Judicial Performance - Judicial and Court Operations Services
Division Curtis L. Child Chief Operating Officer Donna L. Neville Staff Counsel IV Bureau of State Audits - Sei Shimoguchi Senior Attorney III Commission on Judicial
Performance - Tani Cantil-Sakauye Judicial Council of California - Judicial and Court Administrative Services Division Curt Soderlund Chief Administrative Officer -
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The Chief Justice Tani G. Cantil-Sakauye is the leader of the state's third branch of government, the Judicial Branch. Her responsibilities include serving as Chief
Justice of the California Supreme Court, chair of the Judicial Council, and chair of the Commission on Judicial Appointments.
former Sacramento County Superior Court Judge Tani G. Cantil-Sakauye -
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Sacramento Family Court News reports on
Sacramento Family Court News Subjects and Topics
Judge Pro Tem, Temporary Judges, Office
of Temporary Judge, Oath of Office of Temporary Judge, California Rules of Court, California Code of Judicial
Ethics, County of Sacramento Superior Court, Sacramento Family Law Court, Family Court Sacramento, William R. Ridgeway Family Relations Courthouse, Judge Stephen W.
White, Judge Steve White, Judge Matthew J. Gary, Hon. Matthew J. Gary, Judge Laurie M. Earl, Hon. Laurie M. Earl, Judge Peter J. McBrien, Hon. Peter J. McBrien, Judge Jaime
R. Roman, Hon. Jaime R. Roman, Judge Sharon A. Lueras, Hon. Sharon A. Lueras, Judge Thadd A. Blizzard, Hon. Thadd A. Blizzard, Sacramento County Superior Court Supervising
Family Law Facilitator, Sacramento County Superior Court Court Executive Officer Christina Volkers, Sacramento Family Court Director of Operations Julie Setzer, Sacramento
Family Court Manager Colleen McDonagh, Sacramento Family Court Supervising Courtroom Clerk Denise Richards, County of Sacramento Superior Court, Attorney Steven R.
Burlingham; Gary, Till & Burlingham,
Attorney Camille H. Hemmer; Law Offices of Camille Hemmer, Attorney Jeffrey Posner; Woodruff, OHair, Posner &
Attorney Diane Wasznicky, Family law attorney Charolotte Keeley, Charlotte Leigh Keeley,
Attorney Fredrick Cohen, Law Offices of Fredrick Cohen, Attorney Bunmi Awoniyi, Law Office of Bunmi Awoniyi, Attorney Richard Sokol, Law Offices
of Richard Sokol, Attorney John OMalley, Downey Brand, attorney Robert OHair, Robert James OHair, Attorney Joseph Winn, Law Offices of Winn &
Salinger, Attorney Hal Bartholomew; Bartholomew & Wasznicky,
Winn, Family Law Paula Salinger, attorney Paula Dawn Salinger, Attorney Elaine Viola Van Beveren,
Elaine Van Beveren, Attorney Mark Ambrose, Law
Offices of Mark Ambrose, Attorney Nancy Perkovich, Perkovich Law Offices, Attorney Gary Michael Appelblatt, attorney D. Thomas Woodruff, Daniel
Thomas Woodruff, family law attorney Russell Carlson, Russell William Carlson, Sacramento County Bar Association, Family Law Section, Family Law
Executive Committee,
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Sacramento Family Court News - Newsroom Law Library & Legal Resources
Index
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The news analysis and opinion content at Sacramento Family Court News is partly based on the legal references and treatises used by judges and attorneys. Click here for a
description of our newsroom law library and the publications we use to research and report Sacramento Family Law Court issues. Most family law attorneys belong to the
Sacramento County Bar Association Family Law Section. The section is headed by the Family Law Executive Committee, also known by the acronym FLEC. The committee is
composed of CHAIR RUSSELL CARLSON, VICE CHAIR ELAINE VAN BEVEREN, TREASURER FREDRICK COHEN, and SECRETARY PAULA SALINGER. Family court watchdogs charge that
the committee acts as a shadow government controlling most operations, including dictating local court rules in Sacramento family law court.
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Section - Family Law Executive Committee FLEC
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Family Court: Sacramento Superior Court - Family and

Children
California Judicial Branch oversight and

accountability is the responsibility of Commission
on Judicial Performance Director Victoria B.
Henley, California State Auditor Elaine M. Howle,
Judicial Council Director Steven E. Jahr, Supreme
Court Chief Justice Tani G. Cantil-Sakauye, State
Bar of California Chief Trial Counsel Jayne Kim,
Family Court & Judicial Branch Information,

Resources and Links
Family Court Services - Sacramento Superior Court - Child

Custody Recommending Counseling, Family Court
Services, Confidential Mediation, and Evaluation
The Sacramento County Bar Association Family Law

Section - Family Law Executive Committee - FLEC Sacramento Family Law Court - Sacramento County
Family Court Self-Help Center: Sacramento Superior

Court - Self-Help Center - Family Law Facilitator
Family Court Records: Sacramento Superior Court - Order
a File and Records
Family Court Resource Referral Program: Sacramento
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Sacramento Family Law Court, Family Court

Sacramento and all California courts are
subject to oversight by Tani G. Cantil-Sakauye
the Chief Justice of the Supreme Court of
California, the California State Auditor, the
whistleblower act, also known as the
Whistleblower Protection Act, the Bureau of
State Audits, the Commission on Judicial
Performance or CJP, and the Judicial Council
under the leadership of Chief Justice Tani
Cantil-Sakauye. The Judicial Council operates
the Judicial Branch California Courts website.
The motto of the California Judicial Branch
website is "Committed to providing fair and
equal justice for all Californians." Assertions
by family court watchdogs and whistleblowers to
Sacramento Family Court News indicate that
the motto may not apply in Sacramento Family
Court.
Divorce / Legal Separation / Annulment: Sacramento

Superior Court - Divorce / Legal Separation / Annulment
Child Custody / Visitation: Sacramento Superior Court Child Custody / Visitation
Family Relations Courthouse: Sacramento Superior Court
- William R. Ridgeway Family Relations Courthouse
Public Case Document Search - Sacramento Superior
Court
Complex Case Calendar: Sacramento Superior Court
Tani Cantil-Sakauye Supreme Court of California Chief
Justice
Civil Motions and Hearings General: Sacramento Superior
Court
Gordon D. Schaber Sacramento County Courthouse:
Sacramento Superior Court
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Sacramento Family Law Court users and our

readers search for subjects including the
California Supreme Court and Justices
Goodwin Liu, Marvin Baxter, Ming Chin, Kathryn
Werdegar, Joyce Kennard, Carol Corrigan, and
Tani Cantil-Sakauye, and ATTORNEY
DIVORCE, family laws in California, legal
separation, judges and other family court
information. Sacramento Family Court
Judges include Thadd A. Blizzard, Peter J.
McBrien, Matthew J. Gary, Jaime R. Roman,
and SHARON LUERAS, and the Hon. Steve
White. The current SACRAMENTO FAMILY
COURT SUPERVISING JUDGE is JAMES
MIZE. Family Court Sacramento judges are
required to comply with the CODE OF
JUDICIAL ETHICS. The Sacramento County
Superior Court Supervising Family Law
Facilitator is attorney LOLLIE ROBERTS. You
can find an attorney for divorce or attorneys for
divorce online. DIVORCE COUNTY COURT is a
popular search, and so is California legal
separation. A lot of people want to know WHAT
IS A LEGAL SEPARATION. Sacramento
Family Court News reports on changes in
California divorce law, also searched for using
CA DIVORCE LAW, and Supreme Court of
California. Judge Sharon Lueras has been
implicated in contributing to the deaths of
two children as a result of rulings she
issued. In the baby Ryder Salmen case
Judge Lueras was featured on Nancy Grace.
Click here. Sacramento Family Law Court is
a common search made by court users.
Family Law - Court Appearances: Sacramento Superior

Court - Court Hearings and Orders
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SACRAMENTO COUNTY SUPERIOR COURT

- Popular Searches and Subjects
Superior Court - Resource Referral Program

E-Correspondence (Family Law Self-Help Assistance) Family Law Facilitator
Superior Court Court Executive Officer - Sacramento Bar

Association - Sacramento Family Court Presiding Judge child custody and visitation - divorce - spousal support child support - alimony - family law attorneys - family
law judges
3rd District Court of Appeal Justice Vance Raye,

and U.S. Attorneys Benjamin B. Wagner and
Melinda L. Haag. The officers of the Sacramento
County Bar Association Family Law Executive
Committee are Elaine V. Van Beveren, Fredrick S.
Cohen, Paula D. Salinger, and Gregory W. Dwyer.
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Most Sacramento Family Court attorneys are

members of the Sacramento Bar Association,
formally known as the Sacramento County Bar
Association. The Sacramento Bar
Association has a Family Law Section and a
Family Law Executive Committee known by
the acronym FLEC. The Sacramento County
Family Law Section Executive Committee is
composed of CHAIR Russell Carlson, VICE
CHAIR Elaine Van Beveren, TREASURER
Fredrick Cohen, and SECRETARY Paula
Salinger. The PAST CHAIR is Judith Winn.
Each member of the Family Law Section
Executive Committee also holds the Office of
Temporary Judge, also known as a Judge Pro
Tem. The Bar Association Family Law
Section publishes a monthly newsletter called
Family
Law Counselor is available at the
Bartholomew & Wasznicky
website. Click here. UPDATE: In February,
The Family Law Counselor.The
2013 Bartholomew & Wasznicky terminated online

public access to the Family Law Counselor
Tani Gorre Cantil-Sakauye - About the Chief Justice

Tani G. Cantil-Sakauye - Outreach Activities
Joyce L. Kennard Supreme Court of California Justice
Justice Cantil-Sakauye - Civics Initiatives
Chief Justice Tani G. Cantil-Sakauye - Chief in the News
Tani Cantil-Sakauye - Chief Justice Speeches
Marvin R. Baxter Supreme Court of California Justice
The Supreme Court of

California is the ultimate
authority on California law.
Justices include Kathryn
Werdegar, Joyce Kennard,
Ming Chin, Carol Corrigan,
Marvin Baxter, Goodwin Liu
and Tani Sakauye.
Kathryn M. Werdegar Supreme Court of California Justice
Other search topics include:

ATTORNEY DIVORCE, lawyers
for divorce, family law, Sacramento
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bar association, child custody
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attorneys, family law facilitator, legal
representation, child support
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support payment, attorney at law,
domestic violence,
Barbara J.R. Jones Presiding Justice 1st District Court of

Appeal
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attorneys, TANI G. CANTIL-SAKAUYE,
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support California, family lawyers, attorneys at law,
California child custody, child custody in California,
county bar association, Superior Court in California, in
pro per, Sacramento County records, family facilitator,
Ming W. Chin Supreme Court of California Justice

Carol A. Corrigan Supreme Court of California Justice
Goodwin Liu Supreme Court of California Justice
J. Anthony Kline Presiding Justice 1st District Court of
Appeal
Ignazio John Ruvolo Presiding Justice 1st District Court of
Appeal
Sandra L. Margulies Acting Presiding Justice 1st District

Court of Appeal
Robert M. Mallano Presiding Justice 2nd District Court of
Appeal
Roger W. Boren Presiding Justice 2nd District Court of
Appeal
Joan Dempsey Klein Presiding Justice 2nd District Court
of Appeal
Norman L. Epstein Presiding Justice 2nd District Court of
Appeal
Paul Turner Presiding Justice 2nd District Court of Appeal
Arthur Gilbert Presiding Justice 2nd District Court of
Appeal
Dennis M. Perluss Presiding Justice 2nd District Court of
Appeal
Tricia A. Bigelow Presiding Justice 2nd District Court of
Appeal
Vance W. Raye Presiding Justice 3rd District Court of
Appeal
Arthur G. Scotland Presiding Justice 3rd District Court of
Appeal
Manual A. Ramirez Presiding Justice 4th District Court of
Appeal
Kathleen O'Leary Presiding Justice 4th District Court of
Appeal
Judith McConnell Presiding Justice 4th District Court of
Appeal
Brad R. Hill Presiding Justice 5th District Court of Appeal
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Counsel Jayne Kim, 3rd District Court of Appeal Justice

Vance Raye, and U.S. Attorneys Benjamin B. Wagner
and Melinda L. Haag are responsible for the
prosecution of federal crimes, including honest
services fraud. The officers of the Sacramento County
Bar Association Family Law Executive Committee are
Elaine V. Van Beveren, Fredrick S. Cohen, Paula D.
Salinger, and Gregory W. Dwyer.
William R. McGuiness Presiding Justice 1st District Court

of Appeal
California Judicial Branch oversight and accountability is

the responsibility of Commission on Judicial
Performance Director Victoria B. Henley, California
State Auditor Elaine M. Howle, Judicial Council Director
Steven E. Jahr, Supreme Court Chief Justice Tani G.
Cantil-Sakauye, State Bar of California Chief Trial
Conrad L. Rushing Presiding Justice 6th District Court of

Appeal
court order, court hearing, in pro se, and Tani CantilSakauye
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newsletter, and scrubbed all Family Law

Counselor newsletters from the firm
website. CLICK HERE for our report on the
controversy. Other common search terms include
HON. LAURIE M. EARL, state audits, judges,
divorce attorneys, state auditor California,
family law facilitators, spousal support, protest,
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representation, in pro per, social injustice,
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disobedience, unrepresented, PRO PER PRO SE,
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protection act, sacramento family court,
Sacramento Superior Court family law facilitator,
judges in California, judicial judges. Sacramento
family law court is located at the William Ridgeway
Courthouse.
"So you can hurt, hurt us bad
But still we'll raise, we'll raise the flag"
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COMMISSION ON JUDICIAL PERFORMANCE

JUDGE PETER J. McBRIEN

CJP NO. 185

---- -- - ----- -- --I

HEARING BEFORE SPECIAL MASTERS

REGISTERED PROFESSIONAL REPORTER

CERTIFIED SHORTHAND REPORTER NO. 7372

155 Orr Road

Alameda, California 94502

SPECIAL MASTER CORNELL:

So that's all we ask,

please inform us as early as possible and

inquire with Madam Court Reporter?

SPECIAL MASTER CORNELL:

and 40 will be received.

(Examiner's Exhibits 39 and 40 admitted into

you may call your next

Examiner calls Robbi Joy.

Raise your right

We can plan acco

SPECIAL MASTER DE BELLEFEUILLE:

Hopefully before 4:30.

having been first duly sworn,

SPECIAL MASTER CORNELL:

State your full name and spell your last name.

last name is Joy,

SPECIAL MASTER CORNELL:

You may examine.

And how long has that been your occupation?

Just a bit over 20 years.

Where are you currently working?

In the Santa Clara County court services

Can you briefly tell us what courts you have

previously worked in?

I began in Los Angeles Federal Court,

what is your occupation?

My first name is Robbi,

I've worked in Sacramento County,

Have you worked in both state and federal

L------------------------IN RE CJF NO. 185 -

Do you have a security clearance?

actually have a top secret security

It's expired by this time.

the Richard Miller spy trial in federal court.

What year was that?

I'm trying to think.

When you arrived in Sacramento,

did you move to

At some point in your career,

Did you freelance?

did you work

Who did you work

freelanced but mostly for courts.

hired through -- Linda Lucky is the coordinator in

sent me on the Court assignments more than anything.

also worked for a couple of agencies,

Prior to March 2006,

and they also

had you ever worked in

and they hire per diem reporters.

Judge McBrien's courtroom?

had been in his courtroom a couple of times

but just because he calls the master calendar,

means he goes through the cases,

had just been

then assigns them to