Including his time on the trial court, he sat on the bench for more than 30 years, making him one of the longest serving judges in California history.

McKee became involved in real estate litigation arising from Mexican land grants.

[9][10][11] McKee held the position of District Judge until 1879, when he joined the Supreme Court.

In June 1871, McKee was put forward by the Democrats to replace Augustus Rhodes, who planned to retire in December 1871.

[14] In 1873, a Supreme Court seat became open due to the death of Royal Sprague.

[2] After the death of his first wife, in 1859 he married her sister, Sarah Ann "Sally" Davis (March 16, 1839 – January 12, 1921), and had seven more children.