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James Petrucelli
James Petrucelli was a judge for the Superior Court of Fresno County in Fresno County, California. He was first elected to the bench in November 1998. Petrucelli won re-election in the general election on November 8, 2016. He retired from the court in January 2019.[1][2][3]
Education
Petrucelli received his undergraduate degree from California State University at Fresno and his J.D. from the San Joaquin College of Law.[4]
Career
Petrucelli's professional experience has included working as a sheriff's deputy for 15 years and as a civil attorney for nine years. He also served on the Kerman school board.[5]
Elections
2016
California held general elections for local judicial offices on November 8, 2016. There was a primary on June 7, 2016. The filing deadline for candidates who wished to run in this election was March 31, 2016. A total of 351 seats were up for election. Incumbent James Petrucelli ran unopposed in the election for Office 7 of the Fresno County Superior Court.[6]
| Fresno County Superior Court Judge, Office #7, 2016 | ||
|---|---|---|
| Candidate | ||
 James Petrucelli Incumbent | ||
Selection method
- See also: Nonpartisan election
The 1,535 judges of the California Superior Courts compete in nonpartisan races in even-numbered years. If a candidate receives more than 50 percent of the vote in the June primary election, he or she is declared the winner; if no candidate receives more than 50 percent of the vote, a runoff between the top two candidates is held during the November general election.[7][8][9][10]
If an incumbent judge is running unopposed in an election, his or her name does not appear on the ballot. The judge is automatically re-elected following the general election.[7]
The chief judge of any given superior court is selected by peer vote of the court's members. He or she serves in that capacity for one or two years, depending on the county.[7]
Qualifications
Candidates are required to have 10 years of experience as a law practitioner or as a judge of a court of record.[7]
2010
- See also: California judicial elections, 2010
Petrucelli was re-elected to the Superior Court of Fresno County. He defeated Gary Shinaver in the primary election in 2010, winning 71.03 percent of the vote, advancing him to the general election, where he ran uncontested.[11][12]
Noteworthy events
Facebook complaint about jurors and child care (2018)
In November 2018, Christa Pehl Evans wrote on Facebook about an alleged experience in Petrucelli's courtroom. Pehl Evans said the judge "chose to berate two mothers of young children" in the courtroom after Pehl Evans asked to be excused from jury duty to care for her children, aged seven, five, and fifteen months.[13]
According to The Fresno Bee, Petrucelli asked Pehl Evans who was caring for her children at the moment. After Pehl Evans responded that her husband had stayed home from work, the judge asked, "What happens when he does not take a day off or if you are sick?" Pehl Evans replied, "I take care of my kids when I’m sick." Petrucelli also asked what would happen if Pehl Evans was hit by a truck and had to go to the emergency room. The Fresno Bee also reported that Petrucelli questioned another pregnant woman, also the mother of an 18-month old, who had asked to be excused. The judge allegedly said, "I’m amazed that people don’t have child care available to them."[14]
According to The Fresno Bee, Petrucelli initially said he did not remember making those comments. After reviewing court documents, he said he did not find his comments offensive.[14]
Misconduct charges filed against Petrucelli (2014)
On October 8, 2014, the California Commission on Judicial Performance filed a notice of formal proceedings against Petrucelli, charging him with willful misconduct while in office. The charges stemmed from a domestic violence case involving Jay Ghazal, manager of Samba's Global Cuisine and an acquaintance of Petrucelli, who had been arrested in July 2013 on allegations of spousal abuse. Jonathan Netzer, Ghazal's attorney and a friend of Petrucelli, sent a text message to Petrucelli asking for advice on how to get Ghazal out of jail. Petrucelli then called the jail and had Ghazal released without the statutory bail amount of $65,000.[15][16]
According to the commission's notice, Petrucelli failed to notify the prosecution that Ghazal was to be released on his own recognizance, and Ghazal's release was "not in accordance with usual procedures." The commission further found that the "matter of Mr. Ghazal's release was not properly before [Petrucelli], and [he] would have been disqualified had the matter come before [him] in the ordinary course of judicial business because of [his] relationship with both Mr. Ghazal and Mr. Netzer."[15][16]
February hearing (2015)
On February 2, 2015, a panel made up of Judges Ronni B. MacLaren, Bradley L. Boeckman and Stuart Pollak began hearing evidence in a public hearing on the ethical violation charges against Petrucelli for his role in Ghazal's release.[17]
During his hearing, Petrucelli admitted he had "made a mistake," and stated that he had released Ghazal after receiving a text message from Jonathan Netzer. He further admitted that though Gazal was only an acquaintance, Petrucelli had had Ghazal over to his home for a social occasion, Petrucelli and his family dined more than once at Ghazal's restaurant, and that he, Ghazal, and Netzer would, from time to time, smoke cigars together.[17]
Petrucelli further testified that he had not known about the law that required a public hearing for individuals charged with domestic violence before they could be released on their own recognizance, stating "I don’t know of any judge that can keep up with all the laws."[17] He also told the panel that he knew of several judges who had done similar acts in the past.[17]
In April 2015, the three-judge panel concluded that Petrucelli was guilty of violating several canons of the California Code of Judicial Ethics as well as the California Penal Code, however, his conduct was not "committed in bad faith and does not constitute willful misconduct in office within the meaning of the Constitution."[18] The panel recommended that the California Commission on Judicial Performance choose censure as the form of reprimand for Petrucelli's conduct, so that he may remain on the bench of the Superior Court of Fresno County. In their determination, the panel noted that mitigating factors such as Petrucelli's reputation as a "dedicated hard-working judge," his "positive contributions to the handling of family law matters," and "his commitment to public service and charitable causes and programs" played a part in their determination. Likewise, the panel found that this was an isolated incident and did not "[reflect] a pattern or course of misconduct."[19]
July hearing (2015)
Petrucelli's hearing before the commission occurred on July 8, 2015. The commission ruled to censure the judge.[5]
| “ | The masters concluded, in the eyes of the public, Ghazal’s OR (own recognizance) release tends to reflect special treatment obtained as a result of personal connections between Ghazal, Netzer and Petrucelli, and thereby tends to diminish public confidence in the objectivity and impartiality of the judiciary. We agree, and also determine that the judge engaged in conduct prejudicial to the administration of justice that brings the judicial office into disrepute. In issuing this censure, the most severe discipline that may be imposed short of removal, we seek to assure the public that judicial action reflecting preferential treatment to friends or family, even if undertaken in good faith, is seriously at odds with the standards of judicial conduct expected of judges in this state.[20] | ” |
| —Ruling by the California Commission on Judicial Performance[5] | ||
See also
External links
Footnotes
- ↑ California Courts, "Trial Courts Roster," accessed October 16, 2014
- ↑ Fresno County, California, "Fresno County Judicial Roster," accessed October 16, 2014
- ↑ GVWire, "Change on Bench: Judge Petrucelli Retires, Jones Is Replacement," January 3, 2019
- ↑ Martindale.com, "James Michael Petrucelli - Lawyer Profile," accessed October 16, 2014
- ↑ 5.0 5.1 5.2 Fresno Bee, "Fresno judge censured by state judicial commission," August 18, 2015
- ↑ Fresno County, CA, "Conteset/Candidate Proof List," accessed April 5, 2016
- ↑ 7.0 7.1 7.2 7.3 American Judicature Society, "Methods of Judicial Selection: California," archived October 2, 2014
- ↑ Los Angeles Times, "Safeguarding California's judicial election process," August 21, 2011
- ↑ California Elections Code, "Section 8203," accessed May 21, 2014
- ↑ California Elections Code, "Section 8140-8150," accessed May 21, 2014
- ↑ Fresno County, "Primary Election Results"
- ↑ The Fresno Bee, "Fresno County judicial race heats up," May 14, 2010
- ↑ Facebook, "Christa Pehl Evans on November 21, 2018," accessed December 10, 2018
- ↑ 14.0 14.1 The Fresno Bee, "Mom on jury duty didn’t have child care. Judge asked what if she ‘got hit by a Mack truck,’" December 6, 2018
- ↑ 15.0 15.1 The Business Journal.com, "Fresno County judge charged with misconduct," October 14, 2014
- ↑ 16.0 16.1 State of California Commission on Judicial Performance, "Notice of Formal Proceedings: Inquiry Concerning Judge James Petrucelli," October 8, 2014
- ↑ 17.0 17.1 17.2 17.3 The Fresno Bee, "Fresno Judge Petrucelli faces inquiry into possible ethical violation," February 2, 2015
- ↑ The Fresno Bee, "Judicial panel: Fresno judge committed misconduct," April 24, 2015
- ↑ State of California, "Inquiry concerning Judge James Petrucelli," April 10, 2015
- ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
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Federal courts:
Ninth Circuit Court of Appeals • U.S. District Court: Central District of California, Eastern District of California, Northern District of California, Southern District of California • U.S. Bankruptcy Court: Central District of California, Eastern District of California, Northern District of California, Southern District of California
State courts:
California Supreme Court • California Courts of Appeal • California Superior Courts
State resources:
Courts in California • California judicial elections • Judicial selection in California
