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Group seeks recall of Sacramento family court judge

By Crystal Carreon - ccarreon@sacbee.com

Published 12:00 am PDT Friday, March 28, 2008
Story appeared in METRO section, Page B2

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More than two dozen residents have launched an effort to recall Sacramento family court Judge Peter McBrien, alleging that he is an "extreme danger to children and parents" and inflicts "evil terrorism" from the bench.

The recall petition, which was approved by county officials earlier this month, cites two separate family law cases from 1989 and 1998 in which critics say McBrien placed children with sexually and physically abusive parents – allegations the judge has denied in his response on the petition.

The petition also accuses McBrien of secretly altering court transcripts to destroy an unnamed individual's career, and it mentions the judge's public reprimand in 2002 from the Commission on Judicial Performance for cutting trees on county property to enhance his home's view of the American River. McBrien had earlier pleaded no contest to a vandalism charge that was reduced from a felony to a misdemeanor and was ordered to pay part of a fine that exceeded $20,000.

"A critical mass has been reached," said volunteer Anne Hart of Sacramento on the recall's timing. "Too many people have been harmed too many times by his biased decisions."

Hart said the group behind the effort has formed the Recall Committee and is receiving calls of support daily to remove the judge.

The last recall to strike the Sacramento judiciary was the failed 2005 attempt to oust Judge Loren McMaster, who had upheld California's domestic partnership law.

County campaign officials and court observers say such recall efforts are usually reserved to address gross malfeasance of office, but acknowledge that in a democracy anyone has the right to pursue a recall.

Ginger Sylvester, spokeswoman for the Sacramento Superior Court, said that neither she nor McBrien could respond to specific allegations. In a response portion on the petition, McBrien denied disgracing the judicial system.

McBrien has presided as a family court judge for more than a decade, where he has heard more than 45,000 cases, the court said in a statement.

He was appointed to the bench in 1989 by then-Gov. George Deukmejian.

Recall proponents must gather signatures of 20 percent of the voters in the district – or 29,752. The deadline for submitting the petitions is Aug.20.

About the writer:

  • Call The Bee's Crystal Carreon, (916) 321-1203.

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