judge robert hight sacramento superior court whistleblower leaked secret testimony in defense of...
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Hon. Robert C. Hight Sacramento County Superior Court confidential court reporter transcript leaked by whistleblower. Sworn testimony of Judge Hight for the defense team of Judge Peter McBrien at the second McBrien prosecution by the Commission on Judicial Performance. McBrien was charged with multiple violations of the Code of Judicial Ethics. Robert Hight was a judge in the same court as McBrien during the time when McBrien engaged in multiple acts of misconduct. Judge Hight was required by state law - the Code of Judicial Ethics Canon 3D(1) - to “take or initiate appropriate corrective action, which may include reporting the violation to the appropriate authority,” concerning McBrien’s misconduct. Instead of complying with Canon 3D(1), Hight testified as a character witness in defense, and on behalf of the judge. In the final CJP disciplinary decision against Judge McBrien, Judge Hight’s character witness testimony was cited by the CJP as a mitigating factor which reduced McBrien’s punishment and effectively allowed the judge to remain on the bench. As punishment, the judge received a severe public censure, the most severe punishment available short of removal from office. Two CJP commission members dissented from the decision, saying they would have voted to remove McBrien from office. “Commission members Ms. Maya Dillard Smith and Ms. Barbara Schraeger concur as to the factual findings and legal conclusions expressed herein, but dissent as to the order of severe public censure and would have removed Judge McBrien from office,” according to the published CJP decision.Judge Robert C. Hight is the 2014-2015 presiding judge of Sacramento County Superior Court. For reporting about Judge Hight at Sacramento Family Court News:http://sacramentocountyfamilycourtnews.blogspot.com/search/label/ROBERT%20HIGHT For additional information about Sacramento County Family Court: www.sacramentocountyfamilycourtnews.blogspot.comJudicial misconduct: http://sacramentocountyfamilycourtnews.blogspot.com/search/label/JUDICIAL%20MISCONDUCTWhistleblowers: http://sacramentocountyfamilycourtnews.blogspot.com/search/label/WHISTLEBLOWERSSacramento County Bar Association Family Law Executive Committee: http://sacramentocountyfamilycourtnews.blogspot.com/search/label/FLECSacramento Family Court employee misconduct: http://sacramentocountyfamilycourtnews.blogspot.com/search/label/EMPLOYEE%20MISCONDUCTSCBA Family Law Section judge pro tem attorney controversies: http://sacramentocountyfamilycourtnews.blogspot.com/p/temporary-judges.htmlSacramento Family Court watchdogs: http://sacramentocountyfamilycourtnews.blogspot.com/search/label/WATCHDOGS 3rd District Court of Appeal: http://sacramentocountyfamilycourtnews.blogspot.com/p/3rd-district-court-casino.htmlColor of law and federal honest services fraud: http://sacramentocountyfamilycourtnews.blogspot.com/search/label/COLOR%20OF%20LAW%20SERIESTRANSCRIPT
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COMMISSION ON JUDICIAL PERFORMANCE
--000--
INQUIRY CONCERNING
JUDGE PETER J. McBRIEN oRI-GINALCJP NO. 185
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TRANSCRIPT OF THE
HEARING BEFORE SPECIAL MASTERS
SACRAMENTO, CALIFORNIA
APRIL 2, 2009
VOLUME 2, PAGES 251 525
REPORTED BY: SANDRA LEHANE
REGISTERED PROFESSIONAL REPORTER
CERTIFIED SHORTHAND REPORTER NO. 7372
155 Orr Road
Alameda, California 94502
(510) 864-9645
L-----------IN RE CJF NC. 185 4/2/09--------~-----l 251
PatSCFN-Long
PatSCFN-Wide
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opportunity to take our second afternoon recess.
We'll be in recess for 10 minutes, and you can have
your next witness available after that.
(Recess taken.)
SPECIAL MASTER CORNELL: We're back on the
record in the matter of Judge McBrien in the presence
of Judge McBrien and counsel.
Mr. Murphy, you may call your next witness.
MR. MURPHY: Thank you, Your Honor. I call
Judge Robert Hight.
SPECIAL MASTER CORNELL: Please raise your
right hand.
---000--
JUDGE ROBERT HIGHT
having been first duly sworn, testified as follows:
---000--
SPECIAL MASTER CORNELL: Please have a seat,
sir. State your full name and spell your last name.
THE WITNESS: Robert Hight, H-i-g-h-t.
SPECIAL MASTER CORNELL: Thank you, you may
examine.
DIRECT EXAMINATION
BY MR. MURPHY:
Q. Good afternoon, Your Honor?
A. Good afternoon.
'--------------IN RE CJF NO. 185 - 4/2/09----------454
JohnsonHighlight
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~----------~~-------.--.-----------
Q. You are a judge of the Sacramento County
Superior Court; is that correct?
A. Correct.
Q. And how long have you been a member of the
Sacramento County Superior Court bench?
A. Almost six years.
Q. And during that period of time, what have
your duties/assignments been?
A. For the first year and a half, 1 was in a
general trial assignment. In '06 and '07, I was in
family law. Since then, I've been mostly in a civil
assignment.
Q. During the period of time - withdraw that.
Did you ever practice in private practice in
the area of family law?
A. No.
Q. What was the nature of your practice?
A. It was all government. I was director of the
Department of Fish and Game, and I was chief counsel
to the State Lands Commission. Environmental land
law, oil and gas, water. Nothing that looks like
family law.
Q. Okay. And you obviously know Judge Peter
McBrien?
A. Yes.
L-------------IN RE CJF NO. 185 ~ 4/2/09--------------' 455
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Q. Did you first meet Judge Peter McBrien while you were in private practice?
A. I may have, but my first recollection really
of him is when I carne on the bench. He worked in the
A.G. 's office, and I think we crossed paths; but I
don't have a good recollection of that.
Q. So when you joined the family law department in 2006, you were kind of unschooled in family law?
Would that be kind of an accurate statement?
A. That would be a very fair statement.
Q. And did Judge McBrien provide any mentoring
services for you while you were a judge in the family law department?
A. Yes. Our departments were adjacent to each
other's, and our chamber's doors were literally a few
feet apart. And every day, I would go in and ask him
some question; and he either give me an instant answer
or would say, you know, "I just read a recent
Appellate Court case on that," and he had a big stack
behind his desk of Appellate Court cases just related to family law, and he would go through them and pull
out of the middle this recent case and say, "This is
exactly on point." I would read it and so I would
know what the right answer was.
Q. And did Judge McBrien provide any other
~------------------------IN RE CJF NO. 185 - 4/2/09------------------~---~ 456
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assistance to you while you were in the family law
departments?
A. Yes. When we - there were two of us that
started at the same time. So we watched we
observed in the courtroom. And so I sat with Pete for
a couple of days and, you know, watched him perform
his duties, was impressed with his patience,
understanding of the issues. We talked daily about
issues about cases. And so it was an ongoing
mentoring process that started before I got there and
lasted until the day I left.
Q. And you observed during these periods of time
that you were in his courtroom that Judge McBrien was
patient?
A. Yes.
Q. Was he dignified in the sense of judicial
dignity?
A. Yes. In fact, I was so impressed that I
tried to model how I treated the clients after the
example that he set because it felt to me warm and
hospitable because there's just a lot of tension, and you've got to do something to break the tension. And
so his demeanor did that.
Q. Did you observe whether Judge McBrien was
courteous to the litigants appearing before him?
IN RE CJF NO. 185 4/2/09 457
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A. Yes. They - the pro pers, ln particular,
never quite know what it is that they're there for.
And so he was always, you know, helping them, "What's
the point you're trying to make?"
Q. Was he, likewise, courteous to attorneys
appearing before him, as far as you observed?
A. Yes. I never observed anything other than
courtesy to all attorneys and pro pers.
Q. During that period of time that you sat in
family law, 2006 and 2007, did you consider
Judge McBrien to be an asset to the family law bench?
A. Oh, definitely. He was Presiding Judge for a
period during that time. He had administrative
background, had the ability to help organize the
place. I mean, it's a back-breaking job because
you'll have 20 cases in the morning, easily, and
another 20 in the afternoon; and it's just - it's just a tough job.
Q. As a judge in the family law departments in
2006 and 2007, were you somewhat reliant upon the
lawyers to be prepared so that there was an - there
was an orderly judicial process? A. Yes. In the - when I was there, in the
morning you had attorney cases and in the afternoon
pro per. But because of the volume of the attorney
L-------------------------IN RE CJF NO. 185 - 4/2/09----------------------~ 458
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cases, you relied upon them to have good pleadings,
you know, get to the point instantly because you don't
have a whole lot of time.
Q. Did you expect the attorneys appearing before
you to be prepared?
A. Oh, definitely. Because if they weren't, you
could wallow for some time.
Q. And in connection with family law matters,
were the attorneys and litigants encouraged to resolve
their differences before going to trial?
A. Definitely. Every member of the bench out
there, you know, had kind of a standard speech that
you give and say, you know, "Anything that you guys
can resolve, it will - everybody is ahead if you can
resolve it."
Q. Now, you were - or did preside over a matter
in the Carlsson v. Carlsson case; is that correct?
A. Yes.
Q. And that was an ex parte application by
Ms. Huddle, Sharon Huddle, to be relieved as counsel
in early June of 2006?
A. Yes.
MR. MURPHY: Those are all the questions I
have, Your Honor. Thank you.
SPECIAL MASTER CORNELL: Mr. Blum?
L-----~------------------IN RE CJF NO. 185 4/2/09-------~------------~ 459
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MR. BLUM: No questions.
SPECIAL MASTER CORNELL: May this witness be
excused?
MR. MURPHY: Yes, Your Honor.
SPECIAL MASTER CORNELL: You're excused, sir.
Call your next witness.
MR. MURPHY: I call Charlotte Keeley.
SPECIAL MASTER CORNELL: Please raise your
right hand.
---000--
CE[ARLOTTE KEELEY
having been first duly sworn, testified as follows:
---000--
SPECIAL MASTER CORNELL: Please have a seat.
Please state your full name and spell your last name.
THE WITNESS: Charlotte Keeley, K-e e-I-e-y.
SPECIAL MASTER CORNELL: Thank you.
You may examine.
MR. MURPHY: Thank you, Your Honor.
DIRECT EXAMINATION
BY MR. MURPHY:
Q. Ms. Keeley, what is your profession?
A. I'm an attorney_
Q. And when did you become an attorney?
A. In 19 9.
'---------------IN RE C,JF NO. 185 - 4/2/09-------------' 460