Court Censure, Not Removal, Sought for Popular Judge

After protests by local judges and public officials, the state Judicial Performance Commission announced Thursday that it has decided not to seek the removal of a Northern California judge it accused of repeated delays in deciding cases.

The commission, in an unusual action, said it had reconsidered the matter and instead had asked the state Supreme Court to publicly censure Judge Bernard P. McCullough of the San Benito County Justice Court for missing legal deadlines in four cases, including one in which a ruling was delayed three years and nine months.

McCullough, a 58-year-old former prosecutor, did not contest the recommendation for censure. “I may not be the greatest guy in the world, but I’m not the worst either,” he said in a telephone interview.

The judge said he had not sought the community support he received but expressed his gratitude nonetheless, calling it “the only good thing to come out of this whole business.”

In response to a question, McCullough said he sees no danger that the commission’s reconsideration of his case would be seen as an unwarranted bow to public pressure. “I don’t see that happening in my case or someone else’s case in the future,” he said.

Last year, the commission, which investigates complaints of judicial misconduct, asked the state Supreme Court to subject McCullough to the most severe penalty available, removal from the bench. In the 26-year history of the commission, only six judges have been removed, none for the sole reason of delay of judicial rulings.

In its charges, the commission cited four cases it said had been improperly delayed and noted that McCullough had failed to heed three previous warnings, dating to 1981, for similar occurences. State law requires judges to decide cases within 90 days after arguments are completed or face forfeiture of pay. McCullough routinely signed pay forms saying he had no case under submission for more than 90 days, the commission said.

After the commission’s recommendation for removal was announced, the San Benito County Bar Assn., the County Board of Supervisors and the city councils of Hollister and San Juan Bautista called publicly for his retention on the bench.

The nine judges on the Monterey County Municipal Court, where McCullough was sometimes assigned to serve, filed a petition for clemency in his behalf. They praised McCullough’s “excellence as a judge.” San Benito Superior Court Judge Thomas P. Breen hailed McCullough’s work as “high quality” in managing a “very busy” justice court.

Last fall, the commission asked to be allowed to reconsider the case. The state Supreme Court, without acting on the recommendation for removal, sent the matter back to the commission.

McCullough’s lawyer, Robert F. Kane of Redwood City, said the judge was forced to manage a heavy workload without adequate staff.

The judge testified: “I plain goofed. . . . I’m not offering any excuses for it.”

The commission then voted 6 to 2 to recommend public censure, with the dissenters urging removal.