THE CALIFORNIA SUPREME COURT Historical Society__

NEWSLETTER SPR I NG/SUMME R 2004

Memories efJustic e David N Eagleson l eer" staff lawyers, but in BY RI C K SE I TZ fact there is no tenure for legal staff. Lawyers may be dismissed at pleasure. This Justice David N Eagleson passed away on May 23, rarely happens, but it was 2003, at the age of 78. He was a 1950 graduate of fe ared, in the toxic atmos­ the Un iversity ef Southern California Law School, phere of the time, that the and served as a judge of the Superior Court of Los replacements for the de­ Angeles County from 1970 to 1984. G eorge fe ated justices would "cle- D eukmejian elevated Justice Eagleson to the an house," believing they California Court of Appeal in 1984 and th en to the needed new staff with no Supreme Court in 1987, where he served until his l_ ...J loyalties to the old regime. retirement in 1991. Like his fellow newcomers, Justices Arguelles David Eagleson left an extraordinary legacy in and Kaufman, Justice Eagleson declined to take that life, in his chosen profession and in California path. Encouraged by Chief Justice Lucas, the new jurisprudence. To each stage and facet of his distin­ arrivals embraced the longstanding court policy that guished career, he brought the remarkable compe­ career staff be retained, if possible, for their legal tence, acuity, loyalty, stability, integrity and leader­ ability and perspective, and for institutional memory ship skills that defined and identified him. and continuity. Justice Eagleson brought to San I first met Justice Eagleson when he was elevated Francisco one of his trusted Court of Appeal to the California Supreme Court in 198 7, and I research attorneys, but he also retained me and worked as his staff attorney until his departure in every other Supreme Court attorney who wished to 1991. Justice Eagleson arrived at the time of the stay. We all remained, our loyalty redoubled by his court's greatest crisis. In November 1986, the voters kindness (and good judgment), until his last day at had declined to retain three of its members. The the court in 1991. court's public image was at an all-time low. Those His decision to retain staff was consistent with chosen to fi ll the vacancies created by the election his temperament and philosophy. Though often faced the task of guiding the court through the branded as a no- nonsense conservative, he was, storm-tossed waters and restoring public confidence above all, a pragmatist. He distrusted ideology as the in its stature. enemy of clear and practical thinking. He knew who Californians can be thankful that Justice Eag­ he was, and he appreciated in others the candor and leson's abilities and temperament amply fitted him honesty he himse lf possessed. As a result, he was for the task. His service, and that of his colleagues comfortable with diversity of views. His Supreme on the so-called "Lucas Court," fu lfilled the hope Court staff held wide-ranging legal opinions, which that the court would weather the storm. The ro le were freely expressed and considered. They could these justices played in preserving the hea lth and prevail, if persuasive, over his own initial view, but stability of the California Supreme Court can't be there was never any doubt about who was in charge. exaggerated. David Eagleson deserves his full share He also believed in order, decency, hard work of the credit for that vital contribution. and good behavior. This led him to support the I was a staff attorney for Joseph Grodin, one of institutions, public or private, that promoted and the justices defeated in the November 1986 election. enforced these values . His acceptance of institution­ The court relies on a cadre of "permanent" or "car- al values, and his love of efficient administration,

NEWS L ET TER· S PRIN G/SU MMER 2004 fueled his realization that the court's permanent treatise on effective appellate opinion-writing was legal staff would be a help, not a hindrance, in per­ sure to find its way from the judge's desk to ours. He forming his judicial duties. reminded us time and again that the court's opinions Pragmatism, decisiveness, efficiency, candor, fair­ were not for scholars and academics, but for working mindedness and institutional respect are also the lawyers and their clients, who must be able to divine hallmarks of his opinions for the court. Certainly he and apply the rules we were announcing. was productive. He wrote fifty-four majority opinions He had an acerbic wit, which he often kept during his four-year tenure, including many time­ under gentlemanly wraps. But he could reveal his consuming death penalty cases. All of his opinions sense of humor in the service of court collegiality. are marked by clarity of prose and reasoning, and by Once, a staff lawyer - known for his polemic talents an instinct for the crux and realities of a legal issue. - submitted a draft dissent couched in passionate Many of these well-reasoned decisions favored hyperbole. Justice Eagleson read the text, smiled rue­ the People in criminal matters, and business inter­ fully, handed it back, and said, "I think we're going ests and defendants in civil matters. But he never to have to edit this with a fire hose!" swerved from his determination to approach each Consistent with his lifelong modesty, he always case on its own merits, apply the law to the facts and credited his staff for their contributions, while let the chips fall where they might. He called them downplaying his own. He was too self-aware to as he saw them, and the results defy simplistic labels. be self-important. He often insisted that he was on Thus, in New York Times Co. v. Superior Court, the court only because he had been in the right 50 Cal.3d 453 (1990), and Delaney v. Superior place at the right time, while we were the real legal Court, 50 Cal.3d 785 (1990), he confirmed the brains. It was a gross exaggeration, but we appreciat­ strong free-press protections contained in ed the compliment. California's newspersons' shield law. He sided with His adjustment to the court was not entirely environmental interests in such cases as Laurel smooth. He was not fond of San Francisco's climate, Heights Improvement Assn. v. Regents ef University or its ambience, and he missed his beloved Long of California, 47 Cal.3d 376 (1988), which tight­ Beach. When short-sleeved business shirts and plaid ened the requirements for an environmental impact golf pants made their appearance, we knew it was report under California's Environmental Quality an effort to preserve the trappings and comforts Act, and Western Oil & Gas Assn. v. Monterey Bay of home. Unified Air Pollution Control Dist., 49 CalJd 408 And when he decided it was time to come home, (19S9), which upheld the authority of the State Air he did not hesitate. He returned to Southern Resources Board to regulate nonvehicular air pollu­ California and began a new career, applying his tion. In S. G. Borello & Sons, Inc. v. Department of exceptional talents to become a respected and Industrial Relations, 48 Cal.3d 341 (1989), he forth­ sought-after private judge. He continued this work, rightly concluded that a corporate produce farmer with great success, until very shortly before his death. could not avoid worker's compensation coverage for He did not, however, forget the relationships he its seasonal farmworkers by requiring them to sign had forged on the court. Whenever he passed so-called "sharefarmer" agreements designed through San Francisco on business, or en route to to make them independent contractors rather one of the fishing expeditions he loved so much, he than employees. made sure to round up his former staff members for His relations with his colleagues were unfailingly lunch and lively reminiscence. Though the years courteous and collegial. He would stretch to sign advanced, he remained unchanged - quick and other justices' opinions if he could do so without sharp, in command and radiant with glowing health. violating his own conscience. This policy marked It is almost impossible to believe he is gone. his respect for his fellow justices, and for their views But our sadness at his passing is tempered by our on matters open to reasonable debate. It also high­ understanding that he lived a good and satisfying life lighted his unsentimental conviction that, in many - in many ways, the best of lives. He was true to cases, any rule was better than no rule, and that the himself, he did everything he wanted to do, and he court's ability to speak with one voice whenever pos­ left a record of public service few can match. What sible promoted both efficiency and credibility. more can anyone ask? He conveyed these values to his staff. He insist­ Rick Seitz is currently a senior staff attorney for ed that our legal analyses be clear, concise and cog­ Associate Justice Marvin Baxter of the California nizant of the practical interests at stake. Any new Supreme Court.

2 SPRING/SUMMER 2004 · NEWSLETTER California's Courts and Judges: Happy Birthda)ly DCAs From the 19th to the 21st Century BY KENT L. RI C HLA N D B Y DONNA SC H UELE

The miss ion of the California Supreme Court In less than three years, the Supreme Court has Historical Society is much broader than is implied experienced the passing of three justices, Stanley by its name. The Society is dedicated to the preser­ Mosk, Marcus Kaufman and David Eagleson . vation and promotion of the history of California's Having previously memorialized Justices Mask and entire judicial system. As a consequence, this is an Kaufman, the California Supreme Court Historical important year for the Society - it is the centennial Society pays homage to Justice Eagleson in this issue of the establishment of California's intermediate of the Newsletter. R ick Seitz, who se rved as a appellate courts. On November 8, 2004, the First, research attorney for Justice Eagleson, provides an Second and Third Appellate Districts will be one admiring view of his contributions to the Court and hundred years old. California jurisprudence. Justice Eagleson's daughter In the beginning - the beginning, in this in­ Beth, herself a member of the bar, follows with a stance, being 1849, the year the California touching portrait linking the professional and the Constitution was adopted - the state's only appellate personal in her father's life. court was the Supreme Court. Then comprised of a This issue's focus on the Court and its members Chief Justice and two Associate Justices, the Court continues in two more directions. Looking back, heard appeals from the decisions of both trial court Fran Jones and Martha Noble offer a survey of 150 and the alcaldes (local officials who combined years of California's chief justices, in a fasc inating the duties of mayor, police chief and judge), so comparison of the nineteenth and twentieth cen­ long as the amount in controversy exceeded two turies. Their article complements an exhibit on the hundred dollars. chief justices on display through July at the Court's For several years the Supreme Court's caseload headquarters in San Francisco. And, spotlighting rema ined man ageable because , as R epo rter of one of our more infa mous chief justices, David Terry, Decisions Charles A. Tuttle explained, "little atten­ Los Angeles Times reporter Cecilia Ras mussen tion was ... paid to the acquisition of any other entertainingly reminds us that frontier California property than gold." But with the growth of mining earned its "wild west" reputation not without help and agriculture came a need for greater predictabili­ from the bench and bar. ty in the ownership of real property, a problem made Moving forward, our current C hief Justice, all the more complex by the fact that much property Ronald M. G eorge, and Court of Appeal Justice was held under Spanish and Mexican land grants, Patricia Bamattre-Manoukian highlight a very and boundaries were vaguely defined at best. As a twenty-first-century role that the Court has under­ result, in 1862, the Constitution was amended to taken - engaging in public outreach and education increase the number of Associate Justices to four through annual special oral argument sessions held and to increase the jurisdictional threshold to three around the state. In 2001 , the Court heard argument hundred dollars. in Santa Ana, and in 2002 traveled to Fresno. In The burgeoning caseload led, in 1880, to the th is iss ue, C hief Just ice George and Justice addition of two more Associate Justices, bringing the Bamattre-Manoukian describe the Court's 2003 total number of justices on the Court to its present return to San Jose for the first time in nearly 150 complement of seven. But at the sa me time, the years. Building on the experiences of the Santa Ana Court was divided into two divisions composed of and Fresno sessions, those planning the San Jose ses­ three justices each - thus ostensibly doubling the sion succeeded in involving a wide range of partici­ number of cases that could be heard - with provision pants: students ranging from high school to law for en bane hearings in the discretion of the Chief school, local attorneys and judges, dignitaries and Justice or on the vote of four Associate Justices. others, in a variety of programs both educational By 1904, with the population of California teem­ and social. ing at 1.4 mill ion, even the reshuffled Supreme This newsletter issue focuses on other aspects of Court could not handle the volume of appeals. Three California's judicial branch as well , looking both for­ District Courts of Appeal were created: district one ward and back in time. Society President Ken t embraced the County of San Francisco and other Richland draws attention to this year's one-hun­ counties generally in the center Colltilllled oil page u dredth anniversary of the Court of Colltinlled oil page 15

NEWS LETTER· S PRI NG /SU MMER 2004 3 "N o Sniveling" r -, serve so proudly on the A R emembra nce ef Dad Supreme Court. But he BY BETH EAGLE S ON knew tha t h er efforts made his service possible. "No sniveling" also Thing v. L aChusa, 48 Cal.3 d 644 (1989). Mos t meant frugality. Except for legal profess ionals will remember this as an impor­ fi shing gear and golf tant case in which the Califo rnia Supreme Court equipment, Dad was not a limited a bystander's cause of action fo r negligent collector. Except for fi sh­ infliction of emotional distress. I remember it fo r an ing and golf clothes, Dad entirely different reason, because when I reached was not a fashionista. And two paragraphs on page 666, where Justice David l_ _j when it came to interior Eagleson explained that emotional distress is a con­ design, recycled, old, ugly metal office furniture was dition of living that simply has to be borne, I was his choice. Fortunately, our mother had more style. transported back to the living room of the home in Shortly after they bought their home, the same one Long Beach where my sister Vicki and I grew up. I where the lectures occurred, our mother had uphol­ was standing again in front of my dad, perhaps near stered furniture designed fo r the fo rmal li ving room, his lawyer's briefcase that he always set down when used semi-annually. N early twenty years later, in he came home, hearing very similar words about one response to changing color trends, Mom wanted to of my childhood or adolescent catastrophes. And as have the pieces recovered. Dad was appalled! With I envisioned myself in that place again, I thought, the furniture having been sat on no more than three "Oh no, no, NO! He is giving his 'no sniveling' lec­ times a year, h e could not understand h ow new ture to the entire State of Califo rnia! " upholstery would possibly be needed! O ur mother, "No sniveling" was our dad's watchword, fo r however, was a tough negotiator, and the furniture himse lf and fo r his family. Complaints and fears were was recovered. But, as a condition of the settlement invariably greeted with some variation of "no snivel­ Dad began to take his morning newspaper onto th~ ing." It was hard fo r us to take sometimes , but we off-limits furniture, sitting on a different piece every could see that his rigorous application of this philos­ morning to satisfy himse lf that the next time she ophy to himself served him well. wanted new upholstery there would be a reason to "No sniveling" meant disc ipline. Without the get it! benefit of college-educated role models in his family, Dad looked fo r value everywhere, even from the Dad lived by the motto "do today's lessons today. family dog. Dad wasn't a fa n of pets, believing the Tomorrow's will take care of themselves." Every day inconvenience outwe igh ed any arguable psychic presented a new opportunity fo r accomplishment. benefits. But one day Vicki came home with a puppy. "No sniveling" made Dad decisive. Most of you On the basis that a dog should be useful , not merely know he proudly attended USC. What you may not decorative, Dad decided he would train her to fetch know is how he chose to attend there. Dad had been his morning paper. His method was this: to carry her discharged from the Navy after World War II and out to the paper, cradled in his arms like a baby, put was ready to use his G I Bill benefits - at UCLA. her down, and show her the paper. Her response was The enrollment line was long and by the time his to trot back to the h ouse immediately, empty­ turn came, the admissions offi ce was closing. Rather mouthed. This "training" was never successful. But, than bemoan a wasted day, Dad recovered his paper­ for many years after that, the dog kept him company wo rk . He drove across town to USC, where h e while he walked outside to get the paper himself. enrolled on the spot! This, of course , turned out to By now, I might have led you to believe that be a fortunate decision fo r both. Dad was an ascetic curmudgeon. Nothing could be Dad never complained that others had advan­ further fr om reality. The application of the "no tages he didn't. He figured that hard work would cre­ snive ling" philosophy to his life never caused him to ate advantage. His rise from a young lawyer in a sole skimp on the things he really valued: travel, music, practice, who typed and served his own papers, to a family, friends, his hometown. Although dad's work justice of the California Supreme Court is certainly often kept him away from fa mily dinners during the a testament to the soundness of his belief. Dad's suc­ week when we were small, he would come home to cess was not entirely his own, however. Our mother, sit with our mother, each in an identical rocking Virginia Eagleson, chose Dad when he was a law stu­ chair, one lap fo r each child, singing to Vicki and dent with an uncertain future. As equal partners, me before pu tting us to bed, then returning to work. they built his career. Mom did not live to see Dad He had life- long frie ndships C ontinued on page 14

4 SPR I NG/SU MMER 2 00 4 · NEWS L E T T ER San Jose and the Supreme Court: Legislature also directed that "the sessions of the A 150-Year Connection Supreme Court shall be held at the Capital of the BY CHIEF JUSTICE RONALD M. GEORGE State." Three days after the Legislature voted to move the capital to Sacramento - and to take the Supreme This article is based upon remarks delivered by Chief Court with it - the court convened, on March 27, Justice George in San Jose on December 2, 2003. 1854, in San Francisco. At that time the court con­ sisted of only three justices. By a 2 to 1 vote, the Over the past several years, California's courts majority rejected the Legislature's determination that have focused on increasing meaningful access to the Sacramento was the seat of government and instead courts and improving our ability to serve the public. concluded that the lawful capital was San Jose. Statewide, courts have engaged in a wide range of Acting without arguments and without issuing a community outreach efforts to better acquaint the written opinion (a practice the court would not public with the role of the courts and to better engage in today), the two-justice majority issued an acquaint the courts with the concerns and interests order directing the sheriff of Santa Clara County to of the public. rent quarters in San Jose and to move the court's fur­ The December 2003 Special Oral Argument nishings, books and records there. Session in San Jose continued an important part of Some have suggested it may be relevant that one the California Supreme Court's outreach efforts, pur­ of the two justices in the majority, Associate Justice suant to which the court ventures beyond the three Alexander Wells, was a resident of San Jose. locations in which it traditionally hears oral argu­ Whatever the reason for this order, it is undisputed ment - San Francisco, Sacramento and Los Angeles. that the court packed up its belongings and moved In 2002, the court held a similar special session in south. As colorfully reported by the Daily Alta Fresno, hearing oral arguments in the Fifth Appellate California newspaper on March 31, 1854: "The District's courtroom. The year before, we held a spe­ archives, and a portion of the furniture of the cial session in Orange County, hearing arguments in Supreme Court, accompanied by the Clerk, took the Old Orange County Courthouse as part of the their departure yesterday [from San Francisco] for celebration of the one-hundredth anniversary of that San Jose, in accordance with the decision recently historic building and of that county's bar association. rendered by the majority of the court. The court In San Jose, the court's special session was con­ went off in a style in keeping with its supremacy. A vened in a historic courtroom of the Santa Clara handsome Express wagon of Messrs. Adams & Co., Superior Court. This was not the first time the to which was harnessed the private horses of the pro­ California Supreme Court has heard arguments and prietors, drew up before the door of the City Hall, conducted its business in San Jose. The last time, and received the legal lore, handsomely bound, however, there were no television cameras and much which has been accumulating in the court since its less public interest, reflecting the circumstance that organization. The court went off in dashing style, the prior session was held almost 150 years ago. and we fancied that we saw the shades of Blackstone The earliest connection between San Jose and and Coke looking out of one of the windows of the the California Supreme Court dates back to the col­ City Hall." orful history of the initial days of California's state­ The court met in San Jose on the first Monday in hood, when the Gold Rush was on and the institu­ April and throughout the remainder of 1854. The tions of governance were not yet fully settled and San Jose Telegraph reported that the sheriff had pro­ formed. The first California Constitution, ratified in vided "a large and very handsome hall, in the second 1849, provided: "The first session of the legislature story of [a] new and substantial brick building" for shall be held at the Pueblo de San Jose; which place shall be the permanent seat of government, until the use of the court. The press account continued: "The Supreme Court will be quite elegantly and con­ removed by law." veniently provided for here, as at any place in the Within the first few years of statehood, the state. The rooms, and the location, fit exactly." Legislature had voted to move the capital, first to Noting that it was still unclear where the Legislature Vallejo, then to Benicia, and then, in 1854, to and officers of the state would be located, the report Sacramento. Even before California officially became concluded, "We are satisfied and gratified to have the a state, however, the Supreme Court had established Supreme Court with us." itself in San Francisco. This choice was authorized by the Legislature for a time, but in 1854, when it voted The building that housed the Supreme Court in to move the seat of government to Sacramento, the 1854, at the comer of Market and Continued on page 13

NEWSLETTER· SPRING/SUMMER 2004 5 The Courtroom Becomes a Classroom: Appellate District began to prepare instructional T71e Supreme Court in San Jose materials. The cases raised complex issues such BY HON. PATRICIA BAMATTRE-MANOCKIAN as how to calculate presentence custody credits, whether an oral argument waiver letter is improperly coercive, whether a state public agency must enroll Educational community outreach programs have common law employees in its retirement system, become a central focus of the California Supreme what is required of a trial court to establish a factual Court under Chief Justice Ronald George. As he basis for a criminal defendant's guilty plea, and explained, outreach programs not only foster better whether a religiously affiliated social services organi­ public understanding of the role and function of zation must provide insurance coverage for contra­ courts, but they also provide a means for the judici­ ceptives as part of its employee health-care plans. ary to become better informed about the concerns The instructional materials summarized the and interests of the citizens of this state. cases and their legal issues, outlined the procedural The Justices of the Sixth Appellate District, history of the cases, suggested possible arguments on which encompasses the counties of Monterey, San both sides, and included questions to stimulate class­ Benito, Santa Clara and Santa Cruz, share Chief room discussion. They were made available on our Justice George's commitment. When our Court website prior to the oral argument sessions for ready learned of the Supreme Court Special Oral access by students, teachers, school administrators, Argument Sessions that had been held in the Fourth attorneys, judges and members of the public. and Fifth Appellate Districts in 2001 and 2002, we We also arranged television coverage of the recognized a unique opportunity to build upon the Special Oral Argument Session via the California experiences of those two courts. We envisioned an Channel, a public affairs cable network with 5.6 exciting educational program involving high school million viewers, and on local public broadcasting and law students, lawyers, judges, court staff and station KTEH. The sessions could be viewed live members of the public from all four of the counties in classrooms, and five other courtrooms at the in our appellate district. San Jose courthouse were equipped to broadcast the In Fall 2002 we extended an invitation to the sessions in order to accommodate overflow specta­ California Supreme Court to conduct a Special Oral tors. In addition, the Center for Judicial Education Argument Session in the Sixth Appellate District. and Research, the educational division of the We were delighted when the court accepted our Administrative Office of the Courts, agreed to pro­ invitation and set the dates of December 2 and 3, duce a series of video tapes of the sessions. 2003. A Planning Committee was formed, which As the date approached, schools chose the stu­ included representatives from the California dents who would attend. Almost five hundred stu­ Supreme Court, the Administrative Office of the dents from forty-six schools attended portions of the Courts, the Sixth District Court of Appeal, and all two-day program. Hundreds of other students viewed of the Superior Courts and bar associations in the the.arguments on live television or on video tape. four counties. The Santa Clara Superior Court gra­ The opening session was preceded by a question ciously agreed to have the event held in Department and answer period between the students and the 1 7 of the historic Santa Clara County Courthouse. seven justices. The students' queries covered a wide This majestic courtroom provided a fitting backdrop range of topics. One student asked: "Are judges truly for oral argument and was large enough to accom­ impartial? What does a judge do if he or she has per­ modate over one hundred spectators. We would sonal beliefs on a question before the court, or is soon find out that seats were in great demand. faced with public opinion or political pressure to Momentum built as the scope of the event decide a case in a particular way?" Another asked: expanded. With a focus on education, the Planning "Do judges interpret or make the law? What is the Committee strove to involve as many students as difference and what does the term 'activist judge' possible. Invitations were sent to all of the public refer to?" Another student wanted to know "Why and private high schools and law schools in our four does the court sometimes overrule the will of the countries. In addition, members of the local bar and People by refusing to apply an initiative measure bench were recruited to volunteer in classrooms in adopted by the voters?" order to answer questions and lead discussion groups Two gala social events honoring the Supreme about the cases and the workings of the court. Court Justices rounded out the 2003 Special Oral Once the Supreme Court had selected the cases Argument Session program. The evening before the for the December calendar, the staff at the Sixth sessions began, the Justices of the Sixth District

6 SPRING/SUMMER 2004 · NEWSLETTER Clockwise fro m upper left /1 and cower: Retired Supreme Court O hlrich; Justice C hin with students from his alma mater, Bellannine Just ice Edward A. Panelli, who also served on the S ixth District College Prepatory; C h ief Justice George and A ssociate Justices Court of Appeal; the historic Santa C lara County Courthouse; Lynn Baxter and Chin enjoy a light moment during oral argument. Holton, Justice Patricia Bamattre-Manoukian, Kiri Torre and Fritz

Court of Appeal and the Judges of the Superior ceeding of the court." Another student was similarly Courts of the four counties hosted a reception inspired: "I've decided I want to be a future justice of attended by members of the bench and bar. The fo l­ the Supreme Court of California." lowing evening included a dinner event. Both occa­ High school teachers and administrators as well sions provided an opportunity to meet with C hief were excited by this program. O ne teacher used Justice George and the Associate Justices in an the arguments in contraception coverage case "to informal setting and offered an enjoyable social culminate our unit on the Religion Clauses of the counterpart to the more weighty matters of the day. Constitution." Others assigned essay projects based At the dinner we shared with the justices some on the case materials. And the video tapes will be of the enthusiastic comments from the students. used in future civics classes. One wrote: "I felt extremely encouraged to study law C hief Justice George has said that "the more just on the basis of knowledge of the justices alone. I info rmation we can get out about how our courts felt like I wanted to stand up and express my views operate, the more we foster understanding and con­ of the cases because I fe lt very involved in the fidence in the court system." As one student wrote process. Thank you very much fo r allowing us to after attending the Special Session, "It makes me come and watch!" Another student found the oral realize h ow little the average citizen knows of argument sessions to be a "most memorable and California law. It should be a concern fo r the state to influential experience. Personally hearing the seven educate the general population to a greater extent." justices question the attorneys caught my interest. The 2003 Supreme Court Special Oral Arg­ The student questions in the beginning of the pro­ ument Session was an important step in this contin­ gram gave me interesting and important information uing process. It provided important education about involving the Supreme Court and judicial process. our system of justice, and it inspired interest in the This was such a wonderful opportunity for me to process and respect fo r the work of the judiciary. pursue my interests in the law." Another wrote: "I We thank Chief Justice George and the Associate gained a keen appreciation of the mental stamina Justices fo r making this program possible and fo r and flexibility required of a Supreme Court Justice, inspiring its success. Its impact will be felt for years and value the insight I have received into the pro- to come. Co11 ti1111ed 011 poge 15

NE\VS LET T EH S P R I N G/S UMMEH. 20 0 4 7 Leadership for Justice: With his term spanning the centuries, Chief California s ChiefJustices Justice Beatty served far longer than any of those from the 19th to the 20th Century who preceded him: twenty-five years, including eleven years (1889-1900) in the nineteenth century. BY FRANCES M. JONES & MARTHA R. NOBLE Reflecting the frontier status of the Golden State, none of the nineteenth-century chief justices "Leadership For Justice," an exhibit including photo­ was a California native. Five were born in New graphs and biographies of each ef California's chief York, three in Kentucky, two in Vermont, and one justices, is available for viewing through July 31, each in Connecticut, Illinois, Missouri, Ohio and 2004, in the Archives Room on the first floor of the Pennsylvania. Their legal education also reflected Earl Warren Building, the Supreme Court's head­ the times: thirteen studied law in practitioners' quarters at 350 McAllister Street, San Francisco. This offices and only two attended law school. Chief article draws on research conducted in preparation for Justice Morrison, elected after the adoption of the the exhibit. Constitution of 1879, attended Harvard. Chief Justice Sanderson attended law school in New York. The leadership, scholarship and service of Collectively they were admitted to practice in at California's chief justices have established an honor­ least ten state jurisdictions other than California: able tradition and guided the development of four in New York, three in Indiana, two in Iowa, and California law and jurisprudence for more than 150 one each in Illinois, Kentucky, Missouri, Nevada, years. Twenty-six men and one woman have served Ohio, Texas and Wisconsin. as Chief Justice of California since the adoption of The average age when beginning their service as the Constitution of 1849. Of different times and chief justice was forty-four years old. Chief Justice places, they have in common the honor of high Murray was the youngest, at twenty-six. Chief office, the privilege of service and the mantle of Justice Searls was the eldest, at sixty-one. All held leadership through good times and difficult times. prior elective or appointed public office, and five

CHIEF JusTICES OF had military service in other jurisdictions. THE NINETEENTH CENTURY Ten of the fifteen had prior service as associate Fifteen of California's twenty-seven chief justices justices of the California Supreme Court. Two chief were elected or appointed during the first fifty years justices also held important collateral positions with of statehood. Their terms of service were generally regard to the court. Chief Justice Cope served as brief, averaging slightly more than three years each. Reporter of Decisions, for volumes 63 through 72 of Chief Justices Murray, Wallace and Morrison served California Reports, after his retirement from the for terms of more than five years. The shortest term court. Until his appointment as chief justice in of service, two months, was that of Chief Justice 1887, Chief Justice Searls served as a commissioner Sprague, in January and February 1872; and Chief for the court under legislation enacted in 1885. He Justice Lyons served only three months in 1852. Five then resumed this post in 1894. chief justices (Hastings, Sanderson, Currey, Sawyer Two served as chief justices in other jurisdic­ and Rhodes) each served for two years. tions: Chief Justice Hastings in Iowa and Chief The two-year terms were not by choice: instead Justice Beatty in Nevada. And Chief Justice Field they were mandated by constitutional provision or was appointed to the United States Supreme Court legislative act. Chief Justice Hastings was appointed by President Lincoln, serving from 1863 to 1897. for a term of two years by the Legislature of 1850. CHIEF JusTICES OF Constitutional amendments ratified in 1863 in­ THE TWENTIETH CENTURY creased from three to five the number of justices of The next one hundred years saw the appointment of the Supreme Court and provided for a special judi­ twelve chief justices, eleven men and one woman. cial election held in October that year. The five new In the absence of constitutional and legislative members of the court were classified by lot, with one impediments to longer service, twentieth-century leaving office every two years, resulting in terms of chief justices held office for an average of seven two, four, six, eight and ten years. The justice with years, more than double the average length of time the shortest term left to serve was designated Chief served in the nineteenth century. Four chief justices Justice. As a result, Sanderson, Currey, Sawyer, appointed during the century (Chief Justices Waste, Rhodes and Shafter succeeded to the office of Chief Gibson, Bird and Lucas) served more than seven Justice every two years. (Justice Shafter resigned in years, and they were preceded by Chief Justice 186 7 because of failing health.) Beatty, who served fourteen Continued on page 14

8 SPRING/SUMMER 2004 · NEWSLETTER 1 resented an insult and de­ The Many (Mis)Adventures of fended my own life." He was fo und guilty of assault ChiefJustic e David Terry and resisting an offi cer, BY C E C I L I A RASMU S SEN and was imprisoned bri­ efl y, but was re leased because H opkins lived. California has had twenty-seven chief justices - and The Vigilance Committee perhaps one of them, David Smith Terry, should ordered Terry banish ed have spent more time in prison than on the bench. fr om the state, but that Born in Kentucky in 1823, Terry later moved punishment was never with his family to Texas. In 184 7, he took what was l_ _j enforced. already a shoot-first style to the Texas Range rs. In spite of public contempt, Terry resumed his There he fought in the Mexican-American War seat on the Supreme Court. In 185 7, Chief Justice to defend U nited States claims to Texas, under Hugh J. Murray died, leaving Terry the most senior the command of "Old Rough 'n' Ready," future justice. He was thus elevated to Chief Justice. Terry's President Zachary Taylor. In addition, Terry studied fo rmer seat was taken by an anti-slavery Democrat, law and passed the bar in Galveston, answering the Stephen J. Field , of whom Terry later said contemp­ only question put to him: "Do yo u know the price of tuously: "There is no man living who could give a a dish of oysters?" He did - and bought oysters and better reason fo r a wrong decision than Field." whiskey fo r his examiners. In September 1859, Terry locked horns with In 1849 , at age twenty-s ix, he was a powerfully a nti-slavery United S t ates Senator David C. built and physically imposing yo ung man of six feet, Broderick, which led to the state's most celebrated three inches when he and twenty other former "affair of honor." For Terry to remain on the bench, Rangers - along with a few of Terry's slaves - went h e had to be nominated fo r reelection, but the west to the California gold field s. Like so many suc­ Democratic Con ventio n refused to do so. H e cessful '49ers, he fo und his fortune not in mining bla med Broderick, who the n call ed Te rry an but in business - as a crafty lawyer in Stockton. "ingrate." "I have sa id that I consider Terry the only Califo rnia's new constitution, drawn up in 1849, honest man on the Supreme Bench, but I now take included an anti-slavery provision, something Terry it all back," Broderick boomed in an angry voice to a had tried to prevent as a delegate to the constitu­ group of friends. Broderick's remarks were relayed to tion al convention . When his firebrand speeches Terry, and the duel was set. fa iled to sway the debate, h e lobbied to sp lit In the nineteenth century, California was not California in half, one pro-slavery, the other free. just a place of casual violence; it was the site of more His violent courtroom manner and hair-trigger fa tal duels than an y place e lse in the n ation . temper made his reputation as a man not to be tri­ A lthough duels were viewed by some as a gentle­ fl ed with. When a San Francisco scandal sheet manly way of resolving disputes, newspaper editori­ offended him in print, he beat up the editor and was als across the state had, as early as 1852, denounced fined three hundred dollars. (Stabbing a litigant in the practice as "irrational and barbarous." court brought him a fine of fifty dollars. ) O n that September morning, Terry wrote out his In 185 5, with the help of pro-slavery fo rces, he resignation , took off his court robes and met Bro­ was e lected a state S upreme Court justice as a derick at 6:45 a. m. at the appointed place, "a beauti­ Democrat. By then, San Francisco's anti-slavery ful ravine" in San Mateo. Terry won the coin toss, so civic leaders had h ad their fill of Terry and his his dueling pistols were used. Both had hair-triggers. cohorts. They formed the city's Vigilance Comm­ Terry had practiced with them; Broderick had not. ittee, which chose its targets in secret - and Terry The two marked off ten paces, turned and fired. was one of them. In a continuation of a series of Broderick's gun went off prematurely, with the bullet skirmishes in San Francisco, Terry and his fellow digging into the ground. A split-second later, Terry Southerners were heading toward the state armory fired, hitting Broderick in the chest. He died three when Vigilance Committee members intercepted days later. them. In the brawl, Terry stabbed committee leader Terry was charged with murder, but a change of Sterling Hopkins through the neck. venue to Marin County gave him a friendly judge During Terry's twenty- fi ve-day trial in the vigi­ who dismissed the case. Public revulsion ruined any lantes' court, he contended that h e had "merely chance of Terry returning to the Co111i1111ed 011 page 13

N E WSLET T E R· SPRING/SU M ME R 2 00 4 9 (R e)Living History confused beginnings in Mexican law to BY RICHARD SC H A U FFLE R a six-tiered court system handling over 2.4 million filings by 1950 and governed by the Judicial Council. As Sipes notes Today, California boasts the largest court system in at the end of this chapter, "The most the world - 2,000 judicial officers located in over 450 striking feature of this period was the court facilities staffed by over 20,000 hard-working rather modest nature and extent of court employees, serving a diverse public. But until changes in the judicial system." the publication of Larry Sipes' book, Committed to The treatment of the first century is j ustice: The Rise efJudi cial Administration in California, necessarily schematic, but Sipes does an the history of the evolution of court administration excellent job of situating the evolution had gone largely unnoticed and certainly untold . of the judicial branch within the larger The California Administrative Offi ce of the Courts political project of the creation of the (AOC) has done the public a great service by com­ State of California and its constitutional missioning Sipes to make the first attempt to assem­ government. Sipes explained, "I fou nd ble such a history of this important aspect of the studies and books regarding the period state's third branch of government. surrounding statehood, particularly Larry Sipes was well positioned to undertake this those focused on the constitution of effort, having served as director of the Western 1849, quite engaging. I relied on them Regional Office of the National Center fo r State extensively as I did the material regard­ Courts (NCSC) and subsequently as president of the ing the constitution of 1879 and the NCSC. In Califo rnia, Sipes distinguished himself as convention that crafted that major re­ a special master fo r the Marin County Superior vision of California's governing charter. " Court, director of the California Judicial Council's The remaining fo urteen chapters of the book Select Committee on Trial Court Delay, and direc­ deal with the modern history of the judicial branch tor of the California Constitution Revision Comm­ from 1950 to 2000. The final chapter looks ahead to ission. In the course of his career, Sipes developed the next fifty years and outlines demographic, politi­ personal acquaintance with many of Califo rnia's cal and economic challenges facing the courts. chief justices as well as all fo ur of its state court Hardly a stone is left unturned along the way. administrators, and his vantage point as both an Sipes examines the governing inst itutions of the observer of other states as well as active participant branch - the Judicial Council and the Admini­ in California's judicial branch gives him a unique strative Office of the Courts - but also gives voice to and invaluable perspective. the state's trial courts. He colorfully notes in Chapter Accounting for the entire history of the judicial Three: "If the judicial branch of government is histo­ branch, from its modest beginnings in 1850 through ry's stepchild, the trial courts are history's orphans." to its modem fo rm in 2000, is no small task, and Sipes rightly laments the absence of sources regard­ Sipes' first challenge was to define his approach. As ing trial court administration, and observes that the he explained to me, "My first assumption was that local nature of these county courts often meant that the later part of the twentieth century, say 197 5 to their history went undocumented. In our correspon­ 2000, was the most important period to address in dence, Sipes underlined this point: "Comprehensive view of milestones such as trial court unification, the snapshots of the administration of justice at the base move to state funding of the trial courts, and signifi­ of the judicial pyramid do not exist. They should." cant changes in judicial branch governance." But Two of the major reforms - trial court unification even that simplify ing assumption proved problemat­ and state funding of the trial courts - are each the ic: "I soon discovered that each of these achieve­ subject of their own chapters. Sipes himself was an ments had deep roots, and even expanding the important player, largely behind the scenes, in both horizon to the las t half century did not always of these efforts, although he is far too modest to indi­ present the entire picture. Moreover, important cate this to the reader in his biography. This unique monuments to progress, with none more important vantage point does allow him to discuss each of these than the creation of the Judicial Council in 1926, reforms with great insight, offering commentary on were sprinkled across the state's 150-year history. So, the many nuances of these issues, the political and with considerable trepidation, I embarked on assess­ economic context surrounding these changes, and ing that entire period. " the role of key players including both individ uals and In examining the full history, Sipes condenses the Judicial Council itself. Looking back on these the first hundred years into the initial chapter, trac­ efforts, Sipes told me "the greatest personal insight ing the evolution of Califo rnia's judicary from its gained from this endeavor was documen ting the

I O S P R I N G/S UMMER 2 004 · N E W S L E T TE R lengthy gestation period required for major improve­ trained historians will be enticed to attempt a com­ ments in the judicial branch. The process is acutely prehensive history of this 150-year period of judicial evolutionary rather than revolutionary." administration." Committed to Justice additionally discusses major With the publication of Committed to Justice, efforts at court improvement, including civil delay Larry Sipes has built an excellent foundation for reduction, expanded judicial education, the rise of future historians of the California courts. He is to be alternative dispute resolution and the courts' efforts commended, along with William Vickrey, the cur­ at improving access to justice for California's diverse rent Administrative Director of the Courts, who population. As Sipes noted to me, "The resulting commissioned him to undertake this project. The book is admittedly a selective list of milestones that question now is, who will take up Sipes' challenge to seemed most worthy of memorialization." Sipes has continue this effort? chosen well, and there is much to be learned from his Richard Schauffier is the Director of Research treatment of the issues he selected. Services at the National Center for State Courts in Yet, beyond the milestones he explicates, myster­ Williamsburg, Virginia. A native Californian, he pre­ ies remain for future historians to unravel. Why did viously worked at the California Administrative Governor Deukmej ian veto the 1984 Trial Court Office of the Courts. Funding Act, delaying state funding of the trial courts for over a decade? What impact did the un­ LET US HEAR FROM YOU seating of Chief Justice Rose Bird in 1986 have on subsequent judicial retention elections? Why did the Send suggestions for On Your Bookshelf and Member Judicial Council and the AOC take no position on News contributions to: [email protected]. the Trial Court Delay Reduction Act of 1986, and why are they more proactive now in the legislative arena? How are we to understand the rise of prob­ lem-solving courts (also known as collaborative jus­ Happy Birthday tice courts, therapeutic justice, etc.) for adjudicating Continuedfrmn paie 3 drug cases and domestic violence cases, and what is their impact on traditional forms of adjudication? The California courts are engaged in a large-scale of the state; district two covered Los Angeles Coun­ transformation of their economic, political and social ty and those counties in the southern part of the foundations, as well as a redefinition of their role in state; and district three consisted of Sacramento society. Such a change cries out for informed analysis County and the more northern counties. One panel and broader public discussion, in a continuation of of three justices sat in each district. Cases moved the project that Sipes has begun. Judicial officers, between the Supreme Court and the District Courts court administrators, AOC staff, litigators and those of Appeal with some fluidity, since the Supreme generally interested California law, policy and history Court had the discretion to assign any case within will all find much to engage them in Committed to its original jurisdiction to be heard in any District Justice. For those involved in or affected by judicial Court of Appeal, and by the same token could pluck administration, understanding where in the courts' for its own hearing any case pending in a District evolution they find themselves will render them Court of Appeal. more effective actors in ongoing efforts to improve access to justice. While there is little danger in this One hundred years later, our intermediate appel­ instance that those who do not know this history late courts have matured. We now have six districts, will be forced to repeat it, it is also true that courts and those districts are in tum divided into nineteen change slowly, and understanding the events of 1986 divisions. The number of appellate justices has is still of great relevance to understanding what is increased from nine to one hundred five. In the vast happening in judicial administration today. majority of Supreme Court cases, review is granted Rimbaud once noted that "a poem is never fin­ only after a Court of Appeal has heard the appeal ished, it is abandoned in despair." Less dramatically, first. And, incidentally, under Article VI, Section 3 but equally impassioned, Sipes acknowledged, "The of the California Constitution, our intermediate greatest disappointment [in researching this book] appellate courts are now called simply Courts of was the almost total absence of recorded perspectives Appeal, rather than District Courts of Appeal. of leaders of the judicial branch. I would hope that Old-timers, however, still affectionately refer to an effort can be made to capture the knowledge and them as "DCAs." experiences of current and former chief justices and Please join me and the other members of the So­ administrative directors of the courts, and that ciety in wishing our DCAs a happy one-hundredth!

NEWSLETTER· SPRING/SUMMER 2004 I I NEWS MEMBER NEWS MEMBER NEWS MEMBER NEWS MEMBER NEWS ME

The Los Angeles Daily News reports that retired State Bar of California and the California Judges Supreme Court ] u s T 1 c E ARM AN D AR AB 1 AN has Association. The award annually recognizes a been awarded the Ellis Island Medal of Honor. The judge who has demonstrated a long-term commit­ newspaper recounts the harrowing journey of Justice ment to equal access to the judicial system. In par­ Arabian's father and grandmother, who fled the ticular, Justice Johnson was honored for his long­ Turkish invasion of Armenia in 1915 and later came standing efforts to provide civil legal access to the to the United States via Ellis Island. The award is poor. The Society congratulates Justice Johnson on given to American citizens who "preserve and rein­ these well-deserved awards. force the value of their heritage, and contribute Professor and CSCHS Board of Directors member extraordinary service to humanity." The Society HARR y N. Sc HE 1 BER reports that he was an congratulates Justice Arabian on receiving this dis­ invited participant in the Organization for tinguished honor. Economic Cooperation and Development experts Professor and CSCHS Board of Directors member conference, held in Paris in April. The conference Go RD o N BAKKEN presented the paper "Western addressed issues regarding international ocean fish­ Legal History's Second Century," at the 2004 eries law and its implementation. Annual Meeting of the Association of American Law and Politics magazine recently polled 65,000 Los Law Schools in Atlanta in January. In addition, he Angeles and Orange County attorneys, asking them co-edited the Encyclopedia of Women in the to vote for the best lawyers they had personally American West, which was published by Sage observed. The resulting candidates were then put Reference, Inc. in 2003, and reviewed The Legal through a screening process to determine the top five Culture of Northern New Spain, 17 00-1810, by percent of attorneys in both Los Angeles County and Charles R. Cutter, for the Fall 2003 issue ofJournal Orange County. The results were published in the of the West. February issues of both Law and Politics (Southern MA c DALEN A RE y Es Bo RD EA u x , manager of California Edition) and Los Angeles Magazine, Public Counsel's Debtor Assistance Project, has pub­ and can also be found at www.superlawyers.com. lished an article entitled "Pro Se Debtors: Problems Member RANDY SP 1 Ro writes that he is one of the and Proposed Recommendations for Addressing the attorneys listed in the Estate Planning/Trusts sec­ Needs of Unrepresented Debtors" (vol. 2 7, no. 2) tion. Congratulations, Randy! in the California Bankruptcy Journal, the lead­ Following up on the report of his nomination, a vic­ ing scholarly journal for bankruptcy practitioners torious Sc o TT WY u E writes, "In January I was in California. sworn in as the Secretary of the Orange County Bar The Los Angeles Daily journal reports that Ju DGE Association and will therefore serve as President in LA w REN c E W. CR 1 s Po resigned from the Los 2007 (i.e., I won!)." Congratulations, Scott! Angeles Superior Court in April. During his ten years on the bench, Judge Crispo presided over crim­ SAVE THE DATE inal and civil matters, most recently at the Stanley Mosk Courthouse. He will pursue private judg­ ing, arbitration and mediation with ADR Services. Mark your calendar to attend CSCHS-sponsored The CSCHS wishes Judge Crispo the best in his events at the State Bar Annual lVleeting in new endeavors. Monterey in October. Our MCLE panel, Civil

Court of Appeal J u s T 1 c E EARL J o H Nso N , J R. , Liberties During Wartime: Taking the Long View was honored with two significant awards recently. In of the U.S. PATRIOT Act, will take place on November 2003 Consumer Attorneys of California Saturday, October 9th at 2: 15 p. m. Scheduled bestowed the 2003 "Appellate Judge of the Year" speakers include Erwin Chemerinsky, Michal Award upon him at a banquet held in San Belknap and Mary Dudziak. A members recep­ Francisco. In February 2004 he received the tion will follow at 4:30 p.m. Benjamin Aranda III Access to Justice Award. This award is co-sponsored by the Judicial Council, the

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NEWSLETTER SPRING/SUMMER 2004 The CSCHS apologi:::es to any member who may have bee11 accidentally exc/11ded or classified incorrectly. The Rise of Judicial Administration in California

Larry L. Sipes

~ardcover volume from California's Administrative Office of the Courts documents the most significant milestones in the evolution of the largest court system in the nation. It explores the challenges and triumphs in the administration of justice from statehood in 1850 to the beginning of the 21st century, including:

• The dynamics of governing the judicial system

• Reorganization and unification of the trial court system

• Stable funding of the courts, with independence and accountability

• A system for judicial discipline

• Fairness and access to justice for all

• Modernization of management and administration

• The next 50 years

Copies of ?!Jom.mmtd to,cflu5u ee are available for $24 (including handling, postage, and sales tax). Complete ordering information is available at www.courtinfo.ca.gov/reference!commjust.htm. 150-Year Connection from the previous decision, Chief Justice Hugh Continued from page 5 Murray, and authored a new 2-to-1 decision up­ holding the validity of the Legislature's actions in declaring that Sacramento was indeed the capital West Santa Clara Streets no longer exists. It was one of California. of seventeen locations in which the court sat be­ The court soon moved to Sacramento, where it tween 1850 and 1923, when it finally settled in at its stayed for nearly twenty years. In 1874, however, the present home - a tenure since interrupted only by an court returned to San Francisco and began holding earthquake and the ensuing need for remodeling. many of its regular sessions there. Four years later, The court remained in San Jose through the end in 1878, the Legislature expressly provided by of 1854, but the dispute over the location of the statute that the court should hold regular sessions state's capital continued. The Governor, John Bigler, in Sacramento, San Francisco and Los Angeles a resident of Sacramento, filed suit in San Jose - a practice that continues to this day, while in district court, as the superior court was then the Supreme Court's home chambers remain in known, challenging the Supreme Court's order San Francisco. that San Jose was still legally the capital of the state. Nearly 150 years later, my colleagues and I were The trial court ruled in favor of San Jose, and the very pleased to return to hear arguments in San Jose Governor appealed. once again. Fortunately, this time no act of the While that appeal was pending before the Su­ Legislature or order of the Supreme Court was neces­ preme Court, Justice Alexander Wells, the justice sary to bring us there. And although we arrived in from San Jose, died unexpectedly. The Governor automobiles instead of horse-drawn carriages, we appointed Charles Bryan to replace him. Justice could not have been more pleased to be in San Jose. Bryan in turn promptly joined with the dissenter

The (Mis)Adventures ofJustice Terry Field, now a justice on the United States Supreme Continued from page 9 Court. Field, whose involvement in the suit stemmed from his circuit duties, was accused by Hill of being "bought." When marshals tried to remove her, Terry Court, however. He resumed his private law practice fought with them. Field sent the husband and wife to in Stockton until 1863, when he joined the Con­ jail and Terry swore vengeance. federate army, fighting at the Battle of Chicka­ On August 14, 1889, en route to yet another mauga. Then, with the war over and the matter of court hearing, the Terrys boarded a train in Fresno. slavery decided, he returned to California in 1868 to Field and his bodyguard, U.S. Marshal David Neagle, a prosperous law career and more scandal. happened to be aboard. The Terrys, Field and Neagle In 1884, as a private attorney, Terry pitted him­ all got off at a stop for breakfast. Field was sitting self against another powerful politician, William down to eat when Terry paced behind him, glaring at Sharon, a millionaire widower and former senator the back of his head. Suddenly, Terry punched him. from Nevada. Terry represented Sarah Althea Hill in "Stop! Stop! I am an officer!" yelled Neagle. He a nationally publicized trial where she claimed she pulled his gun. When Terry punched the justice was secretly Sharon's wife. Sharon insisted that he again, Neagle fired twice into Terry's chest, killing had merely paid Hill five hundred dollars a month to him. The U.S. Supreme Court ruled that California live with him. She sued to validate the marriage, in lacked jurisdiction to prosecute Neagle because the order to obtain a divorce and gain half of his $30 killing had taken place in the course of Neagle's offi­ million estate. Sharon fought the suit to his dying cial duties as a federal officer. day, with his heirs picking up the struggle in 1885 in After Terry's death, Hill lost her divorce case order to protect the family fortune. Terry won one and went mad. She was committed to the state hos­ round in state court but lost another in federal court. pital for the insane in Stockton, where she spent the In the meantime, being a recent widower, he last forty-five years of her life. married Hill. She was twenty-five years his junior Cecilia Rasmussen is a stqff writer for the Los Angeles and had her own reputation for high-handed vio­ Times. An earlier version ef this article appeared in her lence. In 1888, on a train, Hill insulted a federal weekly "LA Then and Now" Column, which features judge involved in her divorce suit. When he didn't the history ef Los Angeles and California. In 2001, respond, she grabbed him by his gray hair and shook this column received the "Top ef the Times" award for him violently. Later that year, in another hearing on sustained excellence. The article is reprinted with the per­ her suit, Hill initiated a dust-up with Terry's former mission efTMS Reprints. California Supreme Court colleague, Stephen J.

NEWSLETTER· SPRING/SUMMER 2004 13 Leadership for Justice The authority and responsibilities of the Chief Continued from page 8 Justice of California are mentioned only twice in the Constitution of 1849. The expansion of the respon­ sibility held by contemporary chief justices is evi­ of his twenty-five years in the twentieth century. dent, in part, from the constitutional and statutory The longest tenure of the twentieth century was references to their duties and authority, now noted that of Chief Justice Gibson, who served for twenty­ more than 120 times in the Constitution, statutes four years, three months. The shortest tenure was and court rules of the state. that of Chief Justice Sullivan, who served five mo­ Each and all of the chief justices have contributed nths in 1914-1915. to the establishment of justice and the rule of law in Reflecting the longer life spans of the twentieth­ California. Each and all of them have broken new century, these chief justices were on average more ground while maintaining the tradition of leadership, than a decade older than their counterparts in the scholarship and service. To California's future, they nineteenth-century. Their average age at the begin­ have given a solid, strong foundation for the protec­ ning of their service as chief justice was fifty-six. tion of democracy and the preservation of justice. Chief Justice Bird was the youngest, appointed at age forty; and Chief Justice Shaw was the oldest, Sources for this article include: appointed at age seventy-six. J. Edward Johnson, History of the Supreme The twentieth century also saw the appointment Court justices of California (1963 ). of the first California native, Chief Justice Sullivan, Orrin Kip McMurray, "An Historical Sketch of in 1914. He was followed by five additional native the Supreme Court of California," in Historical Californians: Chief Justices Angellotti, Waste, and Contemporary Review of Bench and Bar in Wright, Lucas and George. Seven of the twelve California (1926). graduated from California law schools, including Melvin L. Urofsky, The Supreme Court Justices: three from Hastings College of the Law; two from A Biographical Dictionary (1994). Boalt Hall School of Law at the University of Cali­ VVho's VVho in American Law (1977-1978). fornia, Berkeley; and one each from Stanford Law School and the University of Southern California www.courtinfo.ca.gov Law School. They were admitted to practice in at A reference table listing the dates of birth, death least five other state jurisdictions (Illinois, Indiana, and years of service of all of California's chit;fjustices Missouri, Nevada and Wisconsin) and to practice in will be posted on the Society's website, at the federal courts. www.cschs.org, which is currently under construction. Similar to the nineteenth-century experience, Frances M. Jones aD, MA) is Director of Library nine of these twelve served as associate justices of Services at the California judicial Center Library. the California Supreme Court prior to their appoint­ Martha R. Noble (MLIS) is Assistant to the ments as chief justice, and all held prior elective or Director. The California judicial Center Library, appointed public offices. located in the Hiram Johnson State Building, San Two chief justices' terms have spanned the cen­ Francisco, serves the California Supreme Court; the turies. Chief Justice Beatty, the longest-serving chief California Court of Appeal, First Appellate District; justice, held office from 1889-1914. Chief Justice and the Administrative Office of the Courts. The George, whose term began in May 1996, is the first authors gratefully acknowledge the research contribu­ to serve in the twenty-first century. tions of Christina C. Banker, Robert S. Malesko, Judith S. Mitchell and Linda F. Sharp.

"No Sniveling" only Dad's life philosophy, but I heard his voice. Continued from page 4 Those of you who knew him will miss him deeply. You will sometimes wish you could hear his voice again. When you feel that way, do what I do: read because he always made time for them. More recent­ those paragraphs in Thing v. LaChusa, listen with ly, he became friends with his five grandchildren, your hearts and memories, and you will, like me, hear showing them how to fish in Montana and Mexico. his voice again. For those of you who never knew And, of course, in his final years he shared all of him, but want to know what kind of man he was, these interests and attributes with his wife, Lillian. read Thing v. LaChusa. Dave Eagleson is there and He lovedLong Beach and California. For all his trav­ will tell you everything you need to know. els, he never really wanted to be anywhere else. Beth Eagleson is an attorney for Sempra Energy in When I read Thing v. LaChusa, I recognized not San Diego.

SPRING/SUMMER 2004 · NEWSLETTER Courtroom Becomes A Classroom California's Courts and Judges Continued from page 6 Continued from page 3

A series of five video tapes entitled The Supreme Appeal, and Richard Schauffler reviews Larry Sipes' Court of California Historical Special Session in book, Committed to Justice: The Rise of Judicial San Jose are available from the Center for Judicial Administration in California, in our regular "On Education and Research. The tapes include the entire Your Bookshelf'' column. Commissioned by the argument in eight of the ten cases, as well as short Administrative Office of the Courts, Sipes' study is informational segments about the Supreme Court, the the first wide-ranging history of the administration opening remarks of Chief Justice George, and the of California's judicial branch. In addition, Sipes question and answer session between the students and brings his experience to bear on a consideration of the Justices. For more information, please contact Gary what the next fifty years will bring. Kitajo, Librarian for the Administrative Office of the In highlighting the past, present and future of Courts, 415-865-7722. California's Supreme Court, its Chief Justices, the Justice Bamattre-Manoukian is an Associate Court of Appeal and the court system generally, the Justice of the Sixth District Court of Appeal and Historical Society makes available to its members served as Chair of the Planning Committee for the through this newsletter issue a number of opportuni­ Special Oral Argument Session in San Jose. She ties to learn more about our state's judicial history, thanks Fritz Ohlrich, California Supreme Court and we urge you to take advantage of these offerings. Clerk I Administrator, who provided able guidance Take in the Chief Justice exhibit in San Francisco. and oversight throughout the planning of this pro­ Order the videotapes of the Supreme Court's Special gram, and to Kiri Torre, the Chief Executive Officer Oral Argument Session in San Jose. Purchase Larry of the Santa Clara County Superior Court, who was Sipes' path-breaking history of California's courts indispensable in overseeing local arrangements and in and judicial administration. Watch for upcoming coordinating staff and volunteers. She also thanks celebrations of the DCAs' one-hundredth anniver­ Christina Floyd, Research Attorney at the Sixth sary. You'll be glad you did! Appellate District,Jor her assistance with the instruc­ tional materials, and to Donna Williams, the Sixth LET US HEAR FROM YOU Appellate District Law Librarian, for her assistance Send Member News contributions and suggestions for with all aspects of the outreach program. On Your Bookshelf to: [email protected].

"fi~°l' As a benefit of membership for 2004, Judicial Level* and higher will 1;{ ~ \\\ receive the C:ali~ornia Sup~eme Court Historical Society's journal, \:irt }~ renamed California Legal History. \~ /.~~.!

------~~~-·------·---~--C}_C}_'f_ --~-~-~-~--~-~ __s __ !! __I_~----~--~-~--1! ______Please denote your membership level and make checks 0 Benefactor $2500 & above 0 Grantor *** $250 to $499 payable to CSCHS and include your contact informa- 0 Founder $1000 to $2499 0 Sustaining ** $100 to $249 tion below. 0 Steward $750 to $999 0 Judicial* $50 to $99 0 Sponsor $500 to $749 0 Associate t Below $50

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Email Please return this form along with your membership contribution to: **** Recommended minimum level for firms with fifty or more attorneys. *** Recommended minimum level for firms with ten or fewer attorneys. The California Supreme Court Historical Society ** Recommended minimum level for attorneys in private practice. 6946 Van Nuys Blvd. Ste. 202 * Recommended minimum level for public sector professionals, Van Nuys, CA 91405 judiciary, educators and libraries. t Associate level benefits limited to electronic mail version of CSCHS Newsletter Phone(818)781-6008 Fax(818)781-6009 [email protected] Hon. Ronald M. Geroge Chair Kent L. Richland President Hon. John Shepard Wiley Jr. Vice President Vicki De Goff Secretary Margaret Levy Treasurer

Donna Schuele THE CALIFORNIA SUPREME COURT Executive Director & Newsletter Editor Historical Society

Jvlemories efjustice Eagleson The Courtroom Becomes a Classroom CJ) Rick Seitz ...... I Hon. Patricia Bamattre-Manoukian . 6 b z Happy Birthday, DCAs Leadership for justice "'b z Kent L. Richland ...... 3 Frances M. Jones & Martha R. Noble . 8 0 u California's Courts and judges The (Mis)Adventures ofJustice Terry Donna Schuele ...... 3 Cecilia Rasmussen ...... 9 "'0 "No Sniveling" (Re)Living History Beth Eagleson .... ·4 Richard Schauffler . IO A 150-Year Connection Member News . 12 Chief Justice Ronald M. George . . . . . 5

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