1

COMMISSION ON JUDICIAL PERFORMANCE

---000--

4
5

INQUIRY CONCERNING
JUDGE PETER J. McBRIEN
CJP NO. 185
-------------------------/

6
7

8
9

10
11

TRANSCRIPT OF THE

12
13

HEARING BEFORE SPECIAL MASTERS

14

SACRAMENTO, CALIFORNIA

APRIL 3,

15
16

VOLUME 3,

2009

PAGES 526 -

630

17
18
19
20
21
22
23
24

REPORTED BY:
SANDRA LEHANE

REGISTERED PROFESSIONAL REPORTER

CERTIFIED SHORTHAND REPORTER NO. 7372

155 Orr Road

Alameda, California 94502

(510) 864-9645

25
' - - - - - - - - - - - - I N RE CJF NO.

185 - 4 / 3 / 0 9 - - - - - - - - - - - '

526

MR.

1
2

his remaining character witnesses.

Judge.

THE WITNESS:

MR.

SPECIAL MASTER CORNELL:

Thank you.

MURPHY:

I call Robert O'Hair.

Please raise your

right hand.

---000--

10
11

You may step down,

SPECIAL MASTER CORNELL:

We had agreed that he could call

BLUM:

ROBERT O'HAIR
having been first duly sworn,

testified as follows:

12

---000--

13

SPECIAL MASTER CORNELL:

14

sir.

15

name.

Please have a seat,

Please state your full name and spell your last

16

THE WITNESS:

17

SPECIAL MASTER CORNELL:

18

You may examine.

19

MR. MURPHY:

20

DIR!~CT

21

BY MR. MURPHY:

Robert J. O'Hair,

Thank you,

O'H a-i r.

Thank you.

Your Honor.

EXAMINATION

22

Q.

Good morning,

23

A.

Good morning.

24

Q.

Mr. O'Hair, what is your profession?

25

A.

I'm an attorney,

Mr. O'Hair.

family law

IN RE CJF NO. 185 - 4/3/09

583

A.

Since 1985,

Q.

Does that particular certification require

think.

recertification every five years?

A.

Yes,

Q.

And have you been constantly a member -- or

it does.

certified family law practitioner since 1985?

A.

Yes.

Q.

Is there an executive committee of the family

law bar?

10

A.

That's the one I was just describing.

11

Q.

Okay.

12

A.

It - i t ' s the executive board or executive

13

committee of the family law bar,

14

yes.

And in connection with that particular

Q.

15

committee,

did you ever have a professional

16

relationship or relationships with Judge Peter

17

McBrien?

18

A.

Yes.

19

Q.

Could you describe what those were?

20

A.

Well,

as I

indicated,

the liaison committee,

21

which also the executive committee took over in the

22

mid

23

committee met approximately once a month,

24

other month with the family law judges.

25

it's

'90s,

became the liaison committee.

And the
once every
And I believe

time kind of runs together a little bit.

~------------------------IN

RE CJF NO. 185

But

4/3/09--------------------~

586

was on

rs

oar ,

ge

r en came

the

on the family law bench probably ha fway through that.

So I would have met with him probably once a month as

part of the liaison committee where we developed loca

rules for various problems between bench and bar.

then the second time,

on the entire time so we would have participated

together in that same committee,

committee,

10
11
12
13

through 2000,

And

Judge McBrien was

guess joint

through that time period also,

five or six

years.
Q.

Are those committees intended to streamline

family law matters?

A.

think streamline along with deal with any

14

other problems that,

15

be having with the Bench or the Bench with the Bar,

16

to -- you know,

17

things.

18

created the settlement conference system that we have

19

right now.

20

That was a result of working -

21

and the judges.

22
23

Q.

you know,

either the Bar seems to

to figure out different ways of doing

To tweak local rules,

work on calendars.

That's been in place since the early

This committee,

you know,

We

'90s.

the liaison

liaison committee and judges,

is designed then to improve family law?

24

A.

Yes.

25

Q.

And you've seen Judge McBrien in connection

L-------------------------IN RE C,lF NO. 185 -

413109----------------------~

587