In re Inquiry Concerning O'Flaherty

*CJP Supp. 3 Opinion

This disciplinary matter concerns Judge Joseph W. O’Flaherty of the Placer County Superior Court. Judge O’Flaherty *CJP Supp. 4 is represented by James A. Murphy, Esq., and Harlan B. Watkins, Esq., of Murphy, Pearson, Bradley & Feeney of San Francisco, California. The examiners for the commission are Jack Coyle, Esq., and Bradford Battson, Esq.

In section I, we set forth the masters’ final report in its entirety and adopt it (except as noted in fn. 1, at p. 6, post) as the foundation for the commission’s decision in this matter. In part II, we discuss Judge O’Flaherty’s legal arguments concerning our authority to discipline him, followed in part III by the reasons for our determination to issue this public admonishment.

I

ADOPTION OF MASTERS’ FINDINGS AND CONCLUSIONS

The special masters appointed by the Supreme Court are Hon. Sandra L. Margulies, Associate Justice, Court of Appeal, First Appellate District, Division One, Hon. Michael T. Garcia, Judge of the Superior Court of Sacramento County, and Hon. Donald Cole Byrd, Judge of the Superior Court of Glenn County. With the one exception noted hereafter, the commission hereby adopts the masters’ final…