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Judge admonished for trimming tree violated Code of Ethics again
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AP Photo of random tree
Judge Peter McBrien of Saramento, found to have violated the Code of Judicial Ethics in a Special Masters Report issued by the Commission on Judicial Performance on June 23, 2009 was not new to the process of public censure and admonishment. Judge McBrien was publically admonished once before, on April 25, 2002.
The entire admonishment can be read at the CJP website. An excerpt follows:
"On October 27, 2000, Judge McBrien pled nolo contendere to a violation of Penal Code section 384a, a misdemeanor, was found guilty, and was placed on probation.
"Penal Code section 384a prohibits the willful or negligent cutting or mutilation of any tree growing upon public land or the land of another without permission. Judge McBrien’s criminal conviction arose out of the 1999 cutting of trees, and removal of limbs from trees, on public land adjacent to his residence. The trees were growing in a nature center located in a public park owned by the County of Sacramento. The trees included mature oaks, and were cut
for the purpose of improving the view of a nearby river from the McBrien residence. The trees
were cut without the permission of the County of Sacramento.
"The terms of Judge McBrien’s probation included payment of $20,000 in restitution to
the County, as well as a $500 fine. Judge McBrien complied with the terms of his probation, and
his probation therefore terminated. His subsequent petition pursuant to Penal Code section
1203.4 was granted.
"Judge McBrien’s conduct evidenced disregard of the principles of personal and official
conduct embodied in the California Code of Judicial Ethics, including failure to observe high
standards of conduct so that the integrity and independence of the judiciary will be preserved
(canon 1), and failure to respect and comply with the law and to act at all times in a manner that
promotes public confidence in the integrity and impartiality of the judiciary (canon 2), and
constituted conduct prejudicial to the administration of justice that brings the judicial office into
disrepute. (California Constitution, Article VI, section 18(d).)"
This is the second in a series of articles. You can read article one here.
Laura Lynn supports her writing habit by selling unusual and hard to find books, along with the occassional best seller. Buy a stated first printing of Piers Anthony's Shade of the Tree for under $16. Thanks for thinking. Bohemian, ink.
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