DOCSLIB.ORG

Daily Journal - California's Largest Legal News Provider

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Daily Journal - California's Largest Legal News Provider Daily Journal - California's Largest Legal News Provider http://www.dailyjournal.com/subscriber/SubMain.cfm?shCenFi... Classifieds/Jobs/Office Space : Experts/Services : MCLE : Search : Logout WEDNESDAY THURSDAY FRIDAY MONDAY TODAY Questions and Comments SEARCH/BACK to search results Bookmark Reprints This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click “Reprint” to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. Monday, December 1, 2014 Kruger lacks the necessary experience As a retired judge who spent Rick Sims is a retired associate justice of the 3rd District Court of 30 years in the California Appeal. judiciary, 28 of those years on the 3rd District Court of Appeal in Sacramento, I oppose the appointment of Leondra Kruger to the California Supreme Court. If intellectual brilliance alone were sufficient to qualify someone to serve on the California Supreme Court, then Kruger might be found qualified. But there are other qualities that are essential to doing that job, and Kruger lacks all of them. Lack of Knowledge of California Law It has been reported that Kruger has never practiced law in California. As of this writing, she is an inactive member of the State Bar of California. Her practice of law has been mainly in the federal courts. Federal law is different from California state court law in numerous respects. At minimum, a justice of the state Supreme Court should have a good working knowledge of California law. Only in this way can the justice appreciate the ramifications of continuing a line of law or of departing from it. Just read some cases from the halcyon days of the state Supreme Court, where the Traynor court traced the history and reasoning of so many areas of California law before deciding how a case should come out. In short, Kruger cannot possibly have a sufficient working knowledge of California law sufficient to do the job. Lack of Judicial Experience Kruger has never been a judge at any level. By his recent appointments, Gov. Jerry Brown apparently considers this a virtue. I do not. The duty of the California Supreme Court is not to write law review articles; rather, it is to decide real cases that often have real consequences to trial courts. For example, can someone who has never been a trial judge fully appreciate the utter gamesmanship that underlies many requests for self-representation in criminal cases under Faretta? The occasional appointment of someone with no judicial experience to the California Supreme Court may be a good thing: It may keep the court from turning into a bureaucracy. Certainly, Associate Justice Goodwin Liu has been a welcome addition to the court. But where prior judicial experience becomes disqualifying, there are bad consequences for the remainder of the judicial system. It is a slap in the face of trial judges, who are seen as not competent to serve on their state's highest court, and believe me, I have talked to a number of trial judges about Kruger's nomination, and they resent it. Many will also question whether Kruger has the experience to tell them what to do. An appointment of someone with no judicial experience to the California Supreme Court should be the exception, rather than the rule, even where the appointee went to the Yale Law School (as did the governor and all of his appointments). Not Qualified 1 of 2 12/16/14, 8:31 AM Daily Journal - California's Largest Legal News Provider http://www.dailyjournal.com/subscriber/SubMain.cfm?shCenFi... Kruger should be found, "Not Qualified" for appointment to the California Supreme Court. At 38 years old, she would have plenty of time to pay her dues on a lower California court, where she could learn about California law. And there would be plenty of time to put her on the California Supreme Court after that. Rick Sims is a retired associate justice of the 3rd District Court of Appeal. RELATED ARTICLES Brown's picks will elevate judiciary December 3, 2014 Gov. Jerry Brown's recent nominees for the California Supreme Court have been showered with unusual advance criticism, primarily due to lack of judicial experience. By Yvonne E. Campos HOME : MOBILE SITE : CLASSIFIEDS : EXPERTS/SERVICES : MCLE : DIRECTORIES : SEARCH : PRIVACY : LOGOUT 2 of 2 12/16/14, 8:31 AM.
Load more

Recommended publications
  • Joshua Groban NEWEST ASSOCIATE JUSTICE of the SUPREME COURT of CALIFORNIA
    California Supreme Court Historical Society newsletter · spring/summer 2019 Joshua Groban NEWEST ASSOCIATE JUSTICE OF THE SUPREME COURT OF CALIFORNIA On Page 2: Insights from a Former Colleague By Justice Gabriel Sanchez The Supreme Court of California: Associate Justices Leondra Kruger, Ming Chin, and Goodwin Liu, Chief Justice of California Tani Cantil-Sakauye, Associate Justices Mariano-Florentino Cuéllar, Carol Corrigan and Joshua Groban. Photos: Judicial Council of California Introducing Justice Joshua Groban by Justice Gabriel Sanchez* hen Joshua Paul Groban took the oath of A native of San Diego, Groban received his Bach- office as an associate justice of the California elor of Arts degree from Stanford University, major- WSupreme Court on January 3, 2019, he was in ing in modern thought and literature and graduating one sense a familiar face to attorneys and judges through- with honors and distinction. He earned his J.D. from out the state. As a senior advisor to Governor Edmund G. Harvard Law School where he graduated cum laude Brown Jr., Justice Groban screened and interviewed more and then clerked for the Honorable William C. Con- than a thousand candidates for judicial office. Over an ner in the Southern District of New York. He was an eight-year span, the governor, with Groban’s assistance accomplished litigator at Paul, Weiss, Rifkind, Whar- and advice, appointed 644 judges, including four of the ton & Garrison from 1999 to 2005 and Munger, Tolles seven current justices on the California Supreme Court & Olson in Los Angeles from 2005 to 2010, where he and 52 justices on the California Courts of Appeal.
    [Show full text]
  • The Montgazette | March 2021
    Pederson & Wentz “Sound of Metal” Music Programs A team in turmoil, Page 14 A film review,Page 17 And the pandemic, Page 11 a student publication FREE Issue 85 Serving Montgomery County Community College and the Surrounding Community March 2021 “Insurrection at the Capitol” Read on Page 7. Photo by Pixabay.com Page 2 THE MONTGAZETTE March 2021 The Staff Josh Young Editor-in-Chief Sufyan Davis-Arrington Michael Chiodo Emma Daubert Alaysha Gladden Amanda Hadad Daniel Johnson The unexpected positives of the COVID pandemic Nina Lima Kylah McNamee Lauren Meter Josh Young Audrey Schippnick The Montgazette Editor-in-Chief Krystyna Ursta Nicholas Young March Contributors Hello, and welcome back to to our busy schedules. Luckily, physically active. According Most importantly, however, Yaniv Aronson everyone who has returned to their this particular prediction came to a study published in the students have learned just Robin Bonner Advisors studies at Montgomery County true for me, for the most part; International Journal of how resilient they really are. Community College. I hope you however, since that letter, there Environmental Research and We, as students, have been Joshua Woodroffe Design & Layout all have a positive, successful have been many other positives Public Health that examined forced to adapt on the fly in an semester. As always, I am happy to come out of this less-than- Belgian adults, of people who environment of almost constant to extend a warm welcome to ideal situation. were classified as “low active” uncertainty, resulting in frequent students who are entering their In addition to spending (getting little to no exercise), battles with adversity, while also first semester at the College.
    [Show full text]
  • Daily Journal . . . Daily Journal
    Daily Journal . Daily Journal . Daily Journal . The Recorder Joshua Groban, Brown's Fourth Nominee, Confirmed to California's High Court Governor Jerry Brown’s fourth and final nominee for the California Supreme Court, Joshua Groban, has been confirmed by the state’s judicial appointments commission. The commission—Chief Justice Tani Cantil-Sakauye, Attorney General Xavier Becerra and First District Court of Appeal Justice Anthony Kline—voted unanimously to confirm Groban early Friday afternoon. Groban plans to take his oath of office from the governor Jan. 3, in time to be seated for the court’s January calendar. Groban has worked for Brown since 2010 when he started as chief legal adviser to the governor’s campaign. Within the Brown administration, Groban has had a lead role in recruiting and vetting about 600 trial court and appellate court nominees. At the confirmation hearing that preceded the commission’s vote, witnesses highlighted Groban’s efforts at recruiting and nominating judges to reflect the state’s diverse population. First District Court of Appeal Associate Justice Therese Stewart, who was appointed to the bench during Brown’s tenure, said Groban “proactively reached out” to bar groups representing women, Asian-Americans, African-Americans and LGBTQ lawyers. “He was not content to just review applications of the people who applied to the bench in the hopes that there would be an adequately diverse body of candidates,” Stewart said. “He took the mystery for them out of that black box” of the judicial nomination process.Groban will join three other Brown appointees he helped bring to the bench—Associate Justices Goodwin Liu, Mariano-Florentino Cuellar and Leondra Kruger—meaning Brown’s appointees will constitute a majority of the seven-justice bench.
    [Show full text]
  • Emmett Till & the Modernization of Law
    Saint Louis University School of Law Scholarship Commons All Faculty Scholarship 2009 The ioleV nt Bear it Away: Emmett iT ll & the Modernization of Law Enforcement in Mississippi Anders Walker Saint Louis University School of Law Follow this and additional works at: https://scholarship.law.slu.edu/faculty Part of the Civil Rights and Discrimination Commons, Criminal Law Commons, and the Supreme Court of the United States Commons Recommended Citation Walker, Anders, The ioV lent Bear it Away: Emmett iT ll & the Modernization of Law Enforcement in Mississippi (October 27, 2008). San Diego Law Review, Vol. 46, p. 459, 2009. This Article is brought to you for free and open access by Scholarship Commons. It has been accepted for inclusion in All Faculty Scholarship by an authorized administrator of Scholarship Commons. For more information, please contact [email protected], [email protected]. THE VIOLENT BEAR IT AWAY EMMETT TILL & THE MODERNIZATION OF LAW ENFORCEMENT IN MISSISSIPPI ∗ ANDERS WALKER ABSTRACT Few racially motivated crimes have left a more lasting imprint on American memory than the death of Emmett Till. Yet, even as Till’s murder in Mississippi in 1955 has come to be remembered as a catalyst for the civil rights movement, it contributed to something else as well. Precisely because it came on the heels of the Supreme Court’s 1954 ruling in Brown v. Board of Education, Till’s death convinced Mississippi Governor James P. Coleman that certain aspects of the state’s handling of racial matters had to change. Afraid that popular outrage over racial violence might encourage federal intervention in the region, Coleman removed power from local sheriffs, expanded state police, and modernized the state’s criminal justice apparatus in order to reduce the chance of further racial violence in the state.
    [Show full text]
  • 1 SEATTLE and LOUISVILLE Goodwin Liu† INTRODUCTION
    95 CALIFORNIA LAW REVIEW (forthcoming February 2007) SEATTLE AND LOUISVILLE † Goodwin Liu INTRODUCTION .......................................................................................................1 I. COMPELLING INTEREST ...................................................................................6 A. Interracial Socialization............................................................................7 B. Educational Equity..................................................................................14 II. NARROW TAILORING .....................................................................................23 A. Tailoring Narrow Tailoring ....................................................................24 B. The Redistricting Analogy and the Predominance Test ..........................26 C. When Is Race a Predominant Factor in School Assignment?.................34 D. The Seattle and Louisville Plans .............................................................37 CONCLUSION ........................................................................................................42 INTRODUCTION Two cases before the Supreme Court this Term present the following ques- tion: To what extent, if any, may local school boards voluntarily consider race in student assignment in order to achieve or maintain racially integrated schools?1 In answering this question, the Court will write perhaps the final chapter of the constitutional and cultural legacy of Brown in public education.2 The cases arise in the context of demographic
    [Show full text]
  • NAPIPA.SCOTUS Senate.Press Release.Pdf
    www.napipa.org NEWS RELEASE For Immediate Release For More Information, Contact: February 26, 2016 Alexander Adams (408) 808-3728 NAPIPA URGES PRESIDENT OBAMA TO NOMINATE A QUALIFIED ASIAN AMERICAN JUSTICE TO THE SUPREME COURT SAN JOSE, CA – The National Asian Pacific Islander Prosecutors Association (“NAPIPA”) urges President Obama to nominate a qualified Asian Pacific Islander (“API”) Supreme Court Justice. NAPIPA is a non-profit professional organization dedicated to advancing the interests of prosecutors of API heritage and promoting a greater understanding of the criminal justice system in the API community. NAPIPA has members across the country, consisting of federal, state and local prosecutors, elected officials, and law students. NAPIPA is currently made up of five chapters, including New York, Chicago, Southern California, San Diego, and Northern California. While we applaud the president for increasing the diversity of the federal bench from eight API judges to twenty-five today, we would point out that these numbers still reflect a per-capita underrepresentation of the nation’s fastest growing population group. APIs make up approximately almost 6% of the population and only 2% of the federal bench. Also, no API has ever even been interviewed by the president for the Supreme Court. “With the relatively large number of extremely well qualified API jurists for the President to choose from we hope that he will strongly consider and ultimately nominate one of them,” said Paul T. Jhin, NAPIPA President. “With important cases regarding education, discrimination, and immigration looming, the importance of having a bench that matches the diversity of the country cannot be overstated.” Here are five examples of extraordinarily qualified API candidates to the Supreme Court.
    [Show full text]
  • On Being a Black Lawyer 2013 Power
    2013 SALUTES THE MOSTBLACK INFLUENTIAL LAWYERS IN THE NATION 100 AND DIVERSITY ADVOCATES CONGRATULATIONS TO OUR POWER 100 HONOREES WE SALUTE OUR AFRICAN AMERICAN PARTNERS We salute Chief Diversity Officer Theresa Cropper and Firmwide Executive Committee Chair Laura Neebling for being recognized as Power 100 honorees. As a Pipeline Builder, Ms. Cropper has invested in the diversity pipeline throughout her career and prepared students at every level to pursue their dreams. As an Advocate, Ms. Neebling has championed diversity and inclusion at the firm and lent her leadership to initiatives that advance the cause. Perkins Coie is proud of their contributions and extends warmest congratulations to them both. ALLEN CANNON III DENNIS HOPKINS SEAN KNOWLES RICHARD ROSS Government Contracts, Washington, D.C. Commercial Litigation, New York Commercial Litigation, Seattle Business, New York PHILIP THOMPSON LINDA WALTON JAMES WILLIAMS BOBBIE WILSON Labor, Bellevue Labor, Seattle Commercial Litigation, Seattle Commercial Litigation, San Francisco THERESA CROPPER LAURA NEEBLING Chief Diversity Officer Chair, Firmwide Executive Committee At Perkins Coie, we believe that diversity is a key ingredient to success. We benefit from diverse perspectives that allow us to deliver excellent counsel to our clients. At Perkins Coie, Diversity is a Key Ingredient. We support On Being a Black Lawyer in recognizing the contributions of the Power 100 (2013) honorees. ANCHORAGE · BEIJING · BELLEVUE · BOISE · CHICAGO · DALLAS · DENVER ANCHORAGE · BEIJING · BELLEVUE · BOISE · CHICAGO · DALLAS · DENVER LOS ANGELES · MADISON · NEW YORK · PALO ALTO · PHOENIX · PORTLAND LOS ANGELES · MADISON · NEW YORK · PALO ALTO · PHOENIX · PORTLAND SAN DIEGO · SAN FRANCISCO · SEATTLE · SHANGHAI · TAIPEI · WASHINGTON, D.C. SAN DIEGO · SAN FRANCISCO · SEATTLE · SHANGHAI · TAIPEI · WASHINGTON, D.C.
    [Show full text]
  • General Election November 6, 2018 Expanded Voter Information
    General Election November 6, 2018 Expanded Voter Information Table of Contents: STATE GOVERNOR 1 ​ LIEUTENANT GOVERNOR 3 ​ SECRETARY OF STATE 4 ​ CONTROLLER 5 ​ TREASURER 6 ​ ATTORNEY GENERAL 7 ​ INSURANCE COMMISSIONER 8 ​ MEMBER STATE BOARD OF EQUALIZATION 1st District 10 ​ UNITED STATES SENATOR 10 ​ UNITED STATES REPRESENTATIVE 29th District 13 ​ UNITED STATES REPRESENTATIVE 30th District 13 ​ STATE SENATOR 18th District 14 ​ MEMBER OF THE STATE ASSEMBLY 45th District 15 ​ MEMBER OF THE STATE ASSEMBLY 46th District 16 ​ JUDICIAL 18 ​ SUPERINTENDENT OF PUBLIC INSTRUCTION 30 ​ COUNTY ASSESSOR 32 ​ COUNTY SHERIFF 33 ​ STATE MEASURES 34 ​ COUNTY MEASURES 45 ​ CITY MEASURES 46 ​ Prepared by Danica Bergagnini, Brandi McPherson, Kaitlin Vitek Formaker, Erin Huffer-Ethial, & ​ ​ ​ Stephanie Del Barco. Political Action Network neither supports nor opposes political parties, ballot measures, or candidates for public office. This information was compiled via multiple internet sources such as media articles, candidate websites, candidate social media accounts, votersedge.org, and ballotpedia.org. Political Action Network politicalactionnetwork.org • [email protected] • fb & twitter @politicalactnet STATE GOVERNOR John H Cox Businessman/Taxpayer Advocate https://johncoxforgovernor.com/ Political Party: Republican A native of Chicago, Cox received his bachelor's from the University of Illinois at Chicago in accounting and political science. Cox's first involvement with politics was a 1976 run for a delegate position at the Democratic Convention. In 1980, Cox graduated from ITT/Chicago Kent College of Law and began working as an accountant. One year later, Cox founded a law firm and an accounting firm, followed by forays into investment advice, real estate, and venture capital. In 1991, Cox established a local branch of Rebuilding Together, a housing repair nonprofit.
    [Show full text]
  • The Conscience of a Court
    University of Miami Law Review Volume 63 Number 2 Volume 63 Number 2 (January 2009) SYMPOSIUM: The Future of Affirmative Action: Article 2 Seattle School District #1 , Race, Education, and the Constitution 1-1-2009 The Conscience of a Court Girardeau A. Spann Follow this and additional works at: https://repository.law.miami.edu/umlr Part of the Law Commons Recommended Citation Girardeau A. Spann, The Conscience of a Court, 63 U. Miami L. Rev. 431 (2009) Available at: https://repository.law.miami.edu/umlr/vol63/iss2/2 This Article is brought to you for free and open access by the Journals at University of Miami School of Law Institutional Repository. It has been accepted for inclusion in University of Miami Law Review by an authorized editor of University of Miami School of Law Institutional Repository. For more information, please contact [email protected]. University of Miami Law Review VOLUME 63 JANUARY 2009 NUMBER 2 ARTICLES The Conscience of a Court GIRARDEAU A. SPANNt TABLE OF CONTENTS INTRODUCTION .............................................................. 432 I. THE RESEGREGATION CASE ............................................ 434 A . PoliticalOpinions ................................................ 436 1. THE CONSERVATIVE BLOC ...................................... 437 2. THE LIBERAL BLOC ............................................ 441 B. Doctrinal Difficulties ............................................. 444 1. BRO W N ..................................................... 444 2. RACIAL POLITICS .............................................
    [Show full text]
  • Oversight of the US Department of Justice
    55 U.S. Department of Justice Office of Legislative Affairs QUESTIONS AND ANSWERS ------------------- Office of the Assistant AUomey General Washington. D.C. 20530 December 10, 2010 The Honorable Patrick Leahy Chairman Committee on the Judiciary United States Senate Washington, D.C. 20510 Dear Chairman Leahy: Enclosed please find responses to questions for the record arising from the appearance of Attorney General Eric Holder, before the Committee on April 14,2010, at an oversight hearing. We hope that this information is of assistance to the Committee. Please do not hesitate to call upon us if we may be of additional assistance. The Office of Management and Budget has advised us that there is no objection to submission of this letter from the perspective of the Administration's program. Sincerely, Ronald Weich Assistant Attorney General Enclosure cc: The Honorable Jeff Sessions Ranking Member VerDate Nov 24 2008 09:14 Feb 03, 2011 Jkt 063323 PO 00000 Frm 00059 Fmt 6633 Sfmt 6633 S:\GPO\HEARINGS\63323.TXT SJUD1 PsN: CMORC 63323.001 56 Questions for the Record Attorney General Eric H. Holder, Jr. Committee on the Judiciary United States Senate April 14, 2010 QUESTIONS POSED BY CHAIRMAN LEAHY Benefit of Federal Criminal Courts vs. Military Commissions 1. Since September 11, there have been 400 terrorism-related convictions in federal court and there are hundreds of terrorists locked up in our prisons. In comparison, only three individuals have been convicted in military commissions. a. What are the risks of insisting that all terrorism suspects be tried in a military commission? What limitations would government face in trying suspects in military commissions that it does not face in the Federal court system? Response: The United States is engaged in an armed conflict against al Qaeda, the Taliban and associated forces engaged in hostilities against the United States and its coalition partners.
    [Show full text]
  • Goodwin Liu (劉弘威) Profile
    Goodwin Liu (劉弘威) Goodwin Liu (劉弘威 Liu Hung-wei) was born to Taiwanese immigrant parents in Augusta, Georgia in 1970. Liu grew up in Florida and later in California, where he attended Stanford University. In 1991, he graduated with a bachelor’s degree in Biology. After graduation, he received a Rhodes Scholarship to study at Oxford University, where he earned a Master of Philosophy in philosophy and physiology. After returning to the States, he launched the AmeriCorps national service program in Washington D.C. and worked there as a senior program officer at the Corporation for National Service. In 1998, he received his J.D. from Yale Law School, after which he clerked for Judge David Tatel on the U.S. Court of Appeals for the D.C. Circuit. Later he was Special Assistant to the Deputy Secretary of the U.S. Department of Education. In 2000, he began clerking for U.S. Supreme Court Justice Ruth Bader Ginsburg. Liu was a Professor of Law at UC Berkeley School of Law (Boat Hall) from 2003 until 2011. In 2006, he was awarded the Steven S. Goldberg Award for Distinguished Scholarship in Education Law from the Education Law Association, and in 2009, he was awarded the UC Berkeley Distinguished Teaching Award. In 2010, President Obama nominated Liu to a seat on the Ninth Circuit, but his nomination was repeatedly blocked by Republicans in the Senate. In 2011, California Governor Jerry Brown nominated him to a seat of the Supreme Court of California. The state bar commission gave him a rating of “unanimously well qualified,” and over a thousand of legal associations, members of Congress, and law professors from across the nation wrote in to support his nomination.
    [Show full text]
  • A Portrait of Asian Americans in the Law
    A Portrait of Asian Americans in the Law ERIC CHUNG SAMUEL DONG XIAONAN APRIL HU CHRISTINE KWON GOODWIN LIU YALE LAW SCHOOL NATIONAL ASIAN PACIFIC AMERICAN BAR ASSOCIATION 2017 Copyright © 2017 by Eric Chung, Samuel Dong, Xiaonan April Hu, Christine Kwon, and Goodwin Liu. This report may be reproduced, in part or in whole, with appropriate citation so long as no charge is imposed. Suggested citation: Eric Chung, Samuel Dong, Xiaonan April Hu, Christine Kwon & Goodwin Liu, Yale Law School & National Asian Pacific American Bar Association, A Portrait of Asian Americans in the Law (2017). Cover Images: Legal staff at Poston Camp No. 1, Jan. 4, 1943. From left to right: Cap Tamura, Franklyn Sugijama, Tom Masuda, Elmer Yamamoto, Saburo Kido. Mr. Kido was the National President of the Japanese American Citizens League. Photographer: Francis Stewart. Poston, Arizona. Congresswoman Patsy Mink. Photographer: Ralph Crane. © Time Inc. You Chung Hong in New Chinatown, 1950s. The Huntington Library, Art Collections, and Botanical Gardens. These images, drawn from a limited historical record, provide a few examples of pathbreaking Asian American lawyers. But they do not represent the full diversity of the forebears of today’s Asian American legal community. Design: Isometric Studio 2 • THE PORTRAIT PROJECT A Portrait 2 Executive Summary 4 Background and Purpose of the Study of Asian 6 Study Design Americans 8 Major Findings 8 Law School 12 Clerkships and Transition to Practice in the Law 17 Law Firms 20 Prosecutors and Public Defenders 22 Government Attorneys ERIC CHUNG 24 Judges SAMUEL DONG XIAONAN APRIL HU 26 Legal Academia CHRISTINE KWON 27 Career Satisfaction and Aspirations GOODWIN LIU 29 Obstacles to Professional Advancement 35 Mental Health 38 Discussion 40 Acknowledgments 41 Notes YALE LAW SCHOOL NATIONAL ASIAN PACIFIC AMERICAN BAR ASSOCIATION 2017 THE PORTRAIT PROJECT • 1 Executive Summary Asian Americans are not new to the legal profession.
    [Show full text]