Judge Brian McNamara

Education: Brian McNamara earned a BA from the University of Stirling (Scotland), an MS and PhD in Sport Management from the University of Massachusetts Amherst, and a JD from Newport University School of Law.
Legal & Academic Career: He was a sole criminal law practitioner beginning in the late 1990s and has been a professor of business law and management information systems at California State University, Bakersfield since 1986. Earlier in his career, in the early 1980s, he lectured in computer science at Solihull College of Technology and Bournville College in England. His combined teaching and practice experience spans law, business, and technical fields.
Appointment & Elections: In December 2012 Governor Jerry Brown appointed McNamara to the Kern County Superior Court, effective early 2013, to fill a retiring judge’s seat. He ran unopposed in the 2014 judicial election and was elected to a full term, then won re-election (also unopposed) in 2020. His current term ends in January 2027. McNamara is registered Decline-to-State and has no known judicial discipline history.
Current Role: He serves in Department 7 (Felony Criminal Calendar) of the Metropolitan Division at the Bakersfield courthouse. In this capacity he presides over felony trials, preliminary hearings, and criminal law matters. He is not the presiding or assistant presiding judge of the court, but he contributes to administrative committees and regularly engages in judicial education programs.
Notable Cases: Among his notable rulings, Judge McNamara dismissed all charges against death-row inmate Vicente Benavides in 2018 after the California Supreme Court vacated those convictions. This led to Benavides’ release after 26 years in custody. McNamara has also overseen high-profile felony trials, including a 2024 review of a prison homicide (People v. Olguin) and serious violent crime cases that drew media coverage.
Community & Professional Involvement: McNamara remains active in education and outreach. He continues teaching at CSU Bakersfield, mentoring students and law trainees. He frequently speaks at CLE seminars (for example, offering “Advice from the Bench” to paralegals) and supports specialty court programs such as the Veterans Treatment Court and probation initiatives. His work emphasizes rehabilitation and public service through collaboration with social services and community groups.
Reputation & Ethics: He is widely regarded as fair, courteous, and hardworking. Colleagues note his personable style – media stories mention personal touches in his courtroom (like lava lamps and music) and his distinctive Scottish accent. He treats lawyers respectfully and maintains a positive courtroom atmosphere. There are no known ethics complaints or disciplinary actions against him, and McNamara is respected for his integrity and service to the community.

Education

Brian McNamara has a broad educational background. He earned a Bachelor of Arts degree from the University of Stirling in Scotland. He then moved to the United States to attend the University of Massachusetts Amherst, where he obtained both a Master of Science and a PhD in Sport Management. Following his graduate studies, McNamara earned a Juris Doctor at Newport University School of Law in California. This combination of international and graduate education preceded his entry into law and academia.

Legal and Academic Career

Before joining the bench, McNamara built a dual career as an attorney and an educator. Beginning in about 1998, he practiced criminal law as a sole practitioner in Bakersfield, handling felony cases for many years. At the same time, he served as a professor at California State University, Bakersfield, teaching business law, management information systems, and related subjects since 1986. In the early 1980s he also lectured in computer science and business topics at technical colleges in the United Kingdom. These roles gave him extensive experience in both teaching and legal practice.

Appointment and Elections

In late 2012, Governor Jerry Brown appointed McNamara to a judgeship on the Kern County Superior Court. He took office in early 2013, filling the vacancy left by the retirement of Judge Robert J. Anspach. Following his appointment, McNamara stood for election and was elected without opposition in June 2014 to a full six-year term. He ran unopposed again in March 2020, winning a new term that runs through January 2027. He is registered Decline-to-State (no party affiliation) and has never been subject to any judicial misconduct proceedings.

Current Court Assignment

Judge McNamara is assigned to Department 7 of the Superior Court (Metropolitan Division) in Bakersfield, where he handles felony criminal cases. His duties include presiding over felony trials, conducting preliminary hearings, and ruling on motions in criminal cases. While he is not the Presiding or Assistant Presiding Judge of the court, McNamara contributes to court administration by participating in committees and helping train staff. He also administers the judicial oath at ceremonies and regularly participates in court training and professional development programs.

Notable Cases and Rulings

On the bench, McNamara has presided over several cases that drew public attention. In April 2018 he dismissed all remaining charges against Vicente Benavides, a Kern County man who had been on death row since 1993. After the California Supreme Court found Benavides’s convictions were based on false evidence, Judge McNamara vacated those convictions and freed Benavides, an outcome reported as a major exoneration.

Judge McNamara has also handled other serious felony trials. In 2024 he was part of a two-judge panel reviewing a prison murder case (People v. Olguin), overseeing hearings on evidence and sentencing. He has presided over trials involving attempted murder, armed robbery, assault, and domestic violence. For example, he oversaw a trial in which a defendant was convicted of multiple felonies related to an attempted murder and firearm offenses. Such cases illustrate his role in complex, high-stakes criminal cases.

Community and Professional Involvement

Outside the courtroom, McNamara remains active in legal education and community service. He continues teaching as a faculty member at CSU Bakersfield, offering courses that draw on his law and business background. He mentors students and young legal professionals through classes and informal guidance. McNamara also participates in continuing legal education events; for instance, he has presented seminars titled “Advice from the Bench” to local paralegal and attorney groups, sharing practical courtroom advice.

Judge McNamara is also supportive of specialized court and social programs. He participates in the Kern County Veterans Treatment Court, which provides alternatives for veterans facing criminal charges. He works with probation officers and social service agencies on rehabilitation initiatives. Though he does not hold public office, his community engagement highlights a commitment to public service beyond his judicial duties.

Public Reputation and Ethics

Judge McNamara is generally regarded as fair, respectful, and diligent. He is known for an approachable courtroom manner – colleagues note that he often praises attorneys for strong advocacy and maintains a calm, constructive tone. Local media profiles have noted personal touches in his courtroom (such as his Scottish accent and music) while emphasizing that he treats all parties impartially. Importantly, there have been no reported ethics complaints or disciplinary actions against him; he is respected for his integrity and public service.