Clare Maier

General Information


Juvenile Hall

Judge Pro Tempore and A Commissioner  - Contra Costa Health Services

Associate  - Contra Costa County


associate's degree  - Los Angeles City College

bachelor's degree  - UCLA

law degree  - UC-Berkeley Boalt Hall School of Law


Park Trustee  - Neighborhood Crime Prevention Council and the East Bay Regional Parks

Park Trustee for East Bay Regional Parks and Volunteers  - Berkeley Men's Shelter

Recent News  

Contra Costa County judge Clare Maier on Monday held the county's first hearing to consider early release for the three inmates who qualify for re-sentencing under Proposition 36, which included the fates of Pe ña, and two other inmates: Rudoph Casillas and Kelly Lee Starnes.
During the brief hearing, Maier signed an order releasing Pena and the other two. She told the families "congratulations" at the end of the hearing.

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I had the recent experience of representing five police officers of the Antioch Police Department in two separate criminal cases after Contra Costa County Superior Court Judge Clare Maier initially ruled that the City of Antioch was obligated to supply the Contra Costa County District Attorney's Office with the officers' dates of birth, and further ordered the District Attorney's Office to run "rap sheets" on the officers in order to report the information from those documents to the court and to the defense.
After Judge Clare Maier initially issued that ruling, I was contacted by the president of the Antioch Police Officers' Association and asked whether the ruling appeared to comport with existing case law. Judge Maier, following the receipt and review of objections and oral argument made on behalf of the Antioch police officers, reversed her initial ruling, and held that "... the District Attorney can fulfill its duties under Brady and the discovery statute in this regard without necessarily running rap sheets on each of the named officers. Judge Maier's ruling was appealed by the defendants to the Court of Appeal, which summarily denied review. The fact that the Supreme Court denied review of the written decision by Judge Maier on this very important issue is extremely significant. Judge Maier specifically decided in her ruling that a District Attorney's Brady obligation can be satisfied in a number of ways, including (1) bringing a Pitchess motion to obtain the officers' dates of birth and then running a rap sheet on the officers; (2) interviewing the officers or their superiors; or (3) having the officers sign a sworn declaration averring under penalty of perjury whether or not he or she has either pending cases or convictions for crimes of moral turpitude. In other words, Judge Maier concluded, appropriately and consistently with the existing case law, that the Brady obligation of a prosecution's office can be satisfied without actually running rap sheets of officers after obtaining their dates of birth. We argued in our brief to the Supreme Court that Judge Maier made the correct decision based upon existing case law, an argument also made in a brief filed by the Attorney General's Office.

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Jewell did not enter a plea during a court appearance this morning and said only "yes, your honor" in response to questions from Contra Costa County Superior Court Judge Clare Maier.

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