JUDGE BEGERT REPORT CARD
Michael Begert was appointed to the Superior Court in 2010 by former Governor Arnold Schwarzenegger and assumed office in 2011. His current term ends on January 6, 2025. He is a graduate of the University of Chicago Law School. He previously practiced commercial law for 21 years with the global law firm of Bingham McCutchen, which ceased operations in 2015. His law practice included consumer class actions, construction disputes and software anti-piracy. He is currently assigned to the Community Justice Center, including the CARE Act Court, where petitions are handled for certain persons diagnosed with schizophrenic-type disorders to receive counseling and services.
Grade: FAIL
Survey Rating: Begert has the second lowest survey rating (3.4) of all judges evaluated by trial attorneys who closely observe the courts. Ratings are on a scale of 1 to 7, with 7 the highest score. When asked which judge they would want to appear before for an important trial for a serious crime, no trial attorneys responding named Judge Begert in their top three.
Refused to answer questions posed to judges regarding voter education, appeals of their decisions, published writings, judicial application, etc.
Case History: Judge Begert issued orders in six narcotics sales cases during the period of our study. He released a defendant on his own recognizance who was already being prosecuted for a separate case when he was again arrested for another crime.
Example 1: Judge Begert repeatedly released a convicted sex offender with multiple subsequent arrests for robbery, grand theft, assault and battery, burglaries, possession of burglary tools, etc. (Andrew Boddy is a registered sex offender convicted for fondling a girl between the age of 12 and 15.) In January 2020, Boddy was arrested and charged in San Francisco for robbery, assault and battery (violently inflicting great bodily injury) and trespassing and was then referred to Drug Court in December 2021. Then, between February 2022 and May 2023, Begert released Boddy four times into either treatment programs or on his own recognizance, despite the fact Boddy continued to be arrested and charged with other crimes after each release.
After being released by Begert, Boddy was charged in five separate cases, three of which were residential burglaries. A different judge set $25,000 bail after a burglary, but Judge Begert released the offender a month later (July 2022) with an ankle monitor and referred the case to drug court. Additionally, in June 2022 after Boddy had been charged with one of these burglary cases and separately with failing to update his sex offender status, Begert deemed Boddy eligible for Drug Court with no detention, despite the threat he posed to public safety. After a felony residential burglary arrest in December, in February 2023 Judge Begert again released him and denied the District Attorney’s request to place the offender on an ankle monitor. Boddy continued to miss court appearances and committed his third residential burglary in May 2023.
Example 2: Defendant Sebastian Mendez violently attacked several police officers with a metal chain on June 17th, 2023 when they tried to arrest him for auto burglary. Judge Rochelle East allowed Mendez to be diverted into the Harbor Lights treatment program but ordered that he not be allowed to leave except for court appearances. The defendant did not comply and skipped out of the diversion program. A bench warrant was issued on September 25th, 2023. A day after the bench warrant was issued, Mendez was arrested when he was observed breaking into a car. In November 2023, the case was passed on to Judge Begert. Judge Begert sent the case back into diversion, despite Mendez having just failed diversion, having violated Judge East's order not to leave the program, and getting arrested while committing another auto burglary. The referral to diversion means that Mendez is once again out of custody.
Comments from Court Observers:
“This judge repeatedly allows re-offenders back into Drug Court.”
“Incompetent, doesn't care about details ....”
“Doesn’t listen ... behave(s) like he is a god.”
“He is not checking facts.”
“Big heart for the community, very dedicated and compassionate ... kind and generous, a model judge.”
“He isn't checking documents, refuses to see photos, video, listen to audio .... When he sees people in front of him, he makes a decision right away, and nothing can change his opinion. I really think that he doesn't belong to Superior Court in family law.”
Media reports:
Car break-in defendant Sebastian Mendez attacks police officer (see video in link below) in June but is granted mental health diversion. In September while in a mandated mental health program, he is again arrested for a car break-in. On November 16, Judge Begert again grants diversion despite the defendant’s failure to comply with previous diversion order. Sources say Begert is also suspending the charge of aggravated assault with a deadly weapon: Is Judge Begert Using Mental Health Diversion as a Substitute For Holding Criminals Accountable? (substack.com)
https://archive.org/details/KTVU_20230625_050000_The_Ten_OClock_News_on_KTVU_FOX_2/start/660/end/720