Judge Brian Alvarez of Fresno; incompetent boob

The state of California presented Brian F. Alvarez with a law license in  1995 after he graduated from the San Joaquin College School of Law.

San Joaquin is a 4^th tier law school that is dedicated to accepting losers that could not obtain acceptance at mainstream schools such as UC Davis, University of San Francisco or USC.   

Former Gov. Arnold Schwarzenegger was duped into appointing Brian as a Fresno County Superior Court judge in 2009. Billy didn’t receive the appointment because he was the most qualified attorney in the Los Angeles area. He received it because he had proven to be a reliable lackey for the local political hacks.

It should be noted that Brian has had his significant snout firmly implanted in the public trough for the past twenty-four (24) years. Apparently, no self-respecting law firm in the greater Fresno area was about to offer Brian a good paying job.

In one matter, Brian presided over a case involving a case that involved the forfeiture of a $40,000 bond regarding defendant Thomas Gerald McCoy charged with a lewd or lascivious act with a minor.

After posting the $40,000 bond, defendant McCoy failed to appear at at a pre-preliminary hearing on June 21, 2016. McCoy’s lawyer, Scott David Levy, advised Judge Alvarez that McCoy had suffered a major stroke and was in a coma as the reason he did not appear at the scheduled hearing.

In an egregious act of gross ignorance, Judge Alvarez issued an arrest warrant for McCoy and ordered the $40,000 bond forfeited. This asinine order led McCoy’s attorney to file an appeal with the local Court of Appeal. In reversing Brian the Boob’s (BB) idiotic order, the Court stated in part:

• “Despite acknowledging that defendant was infirm and was being held in a skilled nursing facility, the court summarily denied appellant’s request for tolling based on defendant’s health.”
• “Regardless of the showing required, the court abused its discretion in failing to consider appellant’s health at all in determining whether defendant was suffering from a temporary or permanent disability that prevented him from appearing in court.”

The Court of Appeal went on to state:

• “Alternatively, if the trial court could not determine from the records presented whether defendant’s illness was sufficient to warrant tolling, it abused its discretion in denying the motion.”
• “The fact that [McCoy] may have been able to leave the nursing facility with a responsible person was not determinative as to whether defendant was not sufficiently disabled. The trial court did not inquire as to what level of care defendant would require if removed from the facility or if he could safely leave the facility for a sufficiently long enough period of time to be held on the warrant. Having presented the court with pertinent evidence of disability, it was incumbent on the court to determine whether it appeared defendant was disabled.”

It goes without saying that Brian the Boob  doesn’t much give a damn when he’s overturned (rebuked in truth) by the appellate court since she is well aware that no California judge has ever been tossed off the bench for being incompetent.

As we speak (ca. April 2019) Brian continues to sit as a Fresno County Superior Court judge in Fresno, California.