In Re McCullough

The Commission on Judicial Performance has recommended that we publicly censure Bernard P. McCullough, a Judge of the Justice Court, San Benito Judicial District, San Benito County, for “persistent failure ... to perform the judge’s duties” and for “conduct prejudicial to the administration of justice that brings the judicial office into disrepute.” (Cal. Const., art. VI, § 18, subd. (c)(2).) Judge McCullough has not challenged the commission’s findings or recommendation.

Following the appointment of a special master, an agreed statement was received in lieu of testimony; the commission subsequently took into consideration favorable documentary evidence. Thereafter, the commission adopted the findings and conclusions of the special master that between 1982 and 1985, despite three private admonishments and inquiries from the commission and the attorneys involved, Judge McCullough failed to timely decide a case submitted to his court for a period of three years, nine months. In addition, he continued to execute salary affidavits and to receive his salary even though submitted cases remained pending and undecided in his court for periods in excess of 90 days. (See Gov. Code, §…