The state Commission on Judicial Performance has announced it is conducting a formal inquiry into Sacramento Superior Court Judge Peter J. McBrien.
The inquiry stems from charges lodged against McBrien, a family law judge, over his handling of a 2004 divorce case in which the Court of Appeal reversed his decision. Two other allegations accuse McBrien of having had improper ex parte communications in two separate cases.
McBrien is scheduled to answer the charges by Oct. 14, after which special masters appointed by the California Supreme Court will decide whether to take action against him.
McBrien's lawyer predicted the special masters will dismiss the charges.
"The full story has not been told, and we intend to tell it," said James Murphy, the San Francisco lawyer who is representing McBrien.
About 40 Sacramento residents who have had cases in front of McBrien organized a group this year to recall him from the bench. The effort failed. The same group has since succeeded in getting McBrien's name put on the ballot to face a possible write-in candidate.
County elections spokesman Brad Buyse said no qualified write-in candidate has since emerged to oppose McBrien. Possible opponents have until Oct. 21 to file paperwork to run as a write-in against the judge, Buyse said.
McBrien was admonished by the judicial performance commission in 2002 for illegally cutting down some trees near his home along the American River Parkway. He was fined by Sacramento County for cutting down the trees.
He was appointed to the bench in 1989 by then-Gov. George Deukmejian.
Call The Bee's Andy Furillo, (916) 321-1141.
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