Fresno County judge accused of improperly getting friend out of jail

A Fresno County Superior Court judge is being investigated for allegedly helping a friend arrested for felony spousal abuse get out of jail.

The California Commission on Judicial Performance announced Tuesday that it has opened formal proceedings into whether Judge James M. Petrucelli pulled strings to get the restaurateur out of jail on his own recognizance and then finding the man a defense lawyer.

According to commission documents, Petrucelli was contacted in July 2013 by an attorney who said a mutual friend of theirs was in jail for alleged felony spousal abuse. In response, Petrucelli allegedly called the jail, identified himself as a judge and told jail deputies to process the man as soon as possible so they could release him.

In California, a prisoner accused of spousal abuse can’t be released on his or her own recognizance without a court hearing, the commission said. Nevertheless, less than two hours after Petrucelli got involved the man was released without paying a dime, according to the commission. Bail for felony spousal abuse is typically $65,000.

The judge is accused of later asking a local defense attorney to take the businessman’s case.

Petrucelli’s actions “constitute willful misconduct in office, conduct prejudicial to the administration of justice that brings the judicial office into disrepute, and improper action,” the commission said in a statement.

Petrucelli has 20 days to respond before disciplinary action is taken. In an interview with the Fresno Bee, Petrucelli’s lawyer said his client acknowledges the mistake and is willing to accept any discipline outside of being thrown off the bench.

This isn’t the first time the 15-year veteran of the bench has been disciplined. In 2007, he was admonished for berating attorneys in his courtroom. And in 2001 and 2002, he was given advisory letters about similar issues.

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