THE SUPREME COURT Historical Society_

NEWSLETTER AUTUMN/W I NTER 2003

A Colleague's Fond Memories of California 1 Former staffers fondly Supreme Court Justice Marcus Kaufman re member their beloved Justice Kaufman. Invariably BY JOY CE KENNARD they talk about his thought fulness and hi s loyalty. Associate J ustice Marcus M. Kaufman was appointed Beverly Gong, his fo rmer to the Court by Governor George Deukrnejian in and my cu rrent secretary, 1987,following the retention election in 1986.)ustice has described how, after he Kaufman grew up in , obtained his bache­ h ad announced his retire lor's degree from UCLA and graduated first in his law men t fr om the state high school class at USC in 19 5 6. Afier clerking for then­ court in 1990, Marc lob­ Associate Justice Roger]. Traynor, Kaiifman entered l_ __,J bied his successor, Justice private practice. In 1970, he was appointed to the Armand Arabian, to retain Marc's staff attorneys. Fourth District Court of Appeal in San Bernardino, When Justice Arabian said he would, Marc walked where he served until being named to the state's highest into Beverly's office and called his wife to tell her the court. Justice Kaufman retired from th e Supreme good news. Beverly recalled that there we re tears of Co urt in 1990 and returned to private practice in relief on his face. Southern California. A couple of weeks earlier, Marc had lobbied me to They say that true death is to be eternally fo rgot­ fill a vacant chief-of-staff position with one of his staff ten. Never to be forgotten will be Califo rnia Supreme attorneys, T erry Mead. I'm glad I li stened to Marc. Court Justice Marcus Kaufman, who died on March 26, Bringing T erry on my staff, and later Beverly, were 2003, at the age of 73 after a long illness. His fa mily among the best decisions I have made in my career. and many fri ends will forever keep alive the cherished I was devastated by the news of Marc's retirement. memories of this brilliant jurist and wonderful man. His brilliance as a jurist, his pursuit of excellence, his I first met Justice Marcus Kaufman in April 1989, independence, and his devotion to duty had added lus­ when I became his colleague on the Califo rnia ter to the state's highest court. But I knew how much S upreme Court, to which Governor George he and his wife Eileen missed Southern California, Deukmejian had appointed him in 1987. where their children and grandchildren lived. I knew I still remember that balmy April day in San how much his fam ily mattered to Marc. Francisco when Marc came by my chambers to wel­ After Marc's retirement, my December holiday come me to the court. I already knew of his fo rmidable cards to him and Eileen invariably would have this intellect, and I had heard of his occasional sternness on postscript: "Marc, I still miss yo u." Today, I would add: the bench when his booming voice would in no uncer­ "I always will." tain terms express hi s utter disappointment with an This past January, I had the pleasure of hav ing attorney's inability to respond to a critical question. Marc's grandson, Evan G ranowitz, a law student at UC Based on these impress ions, I expected Marc to be a Berkeley's Boalt H all , jo in my staff as an intern. gruff and imposing fi gure. When I met him, he indeed Shortly after Evan came on board, I called Marc and looked imposing and distinguished. But readily appar­ Eileen to tell them how im pressed my attorneys and I ent were his warmth, his kindness and, yes, his ge ntle­ were with Evan's high intelligence, his dedication to ness. I immediately lost a chunk of my heart to him. the job at hand, his thoughtfulness, and his capacity My ad mi ration and affection for Marc never wavered for hard work, the same qualities so ev ident in his during our tenure on the court. grandfather. l recall Co11tin11ed 011 page 12

NEW S L E TT ER· AUT U M N/ W l NTEH 2003 Living Through It The Fruits ef Generosity BY KENT L . R I C HLAND BY DONNA SC H U ELE

"History never looks like history when yo u are living I didn't approach the dessert bar at the Anaheim through it. JI J 0 H N w. GARDNER ( I 9 I 4 - ) Hilton's restaurant during the 2003 State Bar Annual My membership in th e Califo rnia Supreme Court Meeting with the idea of increasing the Society's mem­ Historical Society has exposed me to some colorful and bership support, but it was a sweet result nonetheless. complex historical characters who served as justices of This story actually begins with the contributions the California Supreme Court. For example, one of our that the California Supreme Court Historical Society court's first justices was David Terry, who packed both received in 2003 from about 9,000 generous attorneys a pistol and a Bowie knife while on the bench, was who donated via their State Bar fee statements. The captured by vigilantes in , shot and killed Board of Directors voted at its Spring 2003 meeting to Senator David Broderick, and lost his create a new category of membership at the Associate own life in a confrontation with the body guards of level, to include the vast majority who gave the sug­ California and then United S tates Supreme Court gested amount of $25. Justice Stephen Field. Associate members would receive an electronic And there was the brilliant early 20th century version of the CSCHS Newsletter (upon the Society's Justice Frederick Henshaw, a scandal magnet who at receipt of their e-mail address), along with an invita­ various times was accused of: conspiring to frame a tion to Society events held at the State Bar Annual member of the IWW labor union with the infamous Meeting. They would also be offered the opportunity 1916 Preparedness Day Parade bombing; deliberately to upgrade their membership to the Judicial level ($50- casting an invalid vote on a petition for review of the 99) or above in order to receive additional benefits, criminal conviction of San Francisco's powerful politi­ including Ben Fi eld's jurisprudential biography of cal boss Abe Ruef; and accepting a $410,000 bribe in Chief Justice Roger Traynor. exchange fo r altering his vote on rehearing of a suit After we welcomed our new Associate members contesting the will of Senator James Fair. into the Society, quite a few chose to upgrade, includ­ By comparison, things certainly seem dull today. I ing the attorney that I met at the Hilton. I'll bet that have long suspected, however, that the present is just he also didn't approach the dessert bar intending to as chock full of fantastic figures as the past, and that write a check on the spot, but there you have it! our romanticization of earlier times is a function of an The revitalization of the Society has even encour­ inescapable lack of perspective. We're simply too close aged our long-time members to increase their support, to current events to see the remarkable things taking and we have been gratified to hear from onetime mem­ place before our eyes. bers seeking to reestablish their ties to the Society. A ll It turns out I'm old enough now to put this hypoth­ of this activity has served to make the CSCHS the esis to a test. The other day I realized I've been practic­ largest court-based historical society in the country, and ing before the California Supreme Court fo r 30 years. we have you, our members, to thank for that distinction. So I pulled a 1973 volume of California Reports to see But the real significa nce of our increase in mem­ who was on the Court at that time- and from the per­ bership rests in our ability to expand the programs spective of 30 years that Court had more than its fa ir underwritten with Society funds. That a number of share of remarkable characters. these projects were previously supported with public The Chief Justice was Donald Wright. Chief Justice resources no longer available renders our members' Wright had one of the toughest judicial acts to fo llow generosity all the more crucial. In this newsletter issue, in history-Chief Justice Roger T raynor. A crusty we begin a series of articles highlighting these projects. appointee of Governor Reagan, C hief Justice Wright With seed money from the Society, The Bancroft shocked the world (and no one more than the governor Library's Regional Oral History Office is preparing to who appointed him) when he authored the majority conduct an oral interview of former Supreme Court opinion in People v. A nderson (1 972) 6 Cal.3d 628, Justice . Inte rvie we r a nd editor holding that the death penalty was inconsistent with Germaine LaBerge provides us with insight into the contemporary standards of civilized society and there­ oral history process and details the various memoirs of fo re violated the Califo rnia Constitution's "cruel or Supreme Court Justices that have been completed over unusual punishment" clause. It took a constitutional the past 40 years and are now available to researchers. a mendment-en acted by initia tive-to overrule The oral history of Justice Grodin will surely make a Anderson. (Incidentally, Co11 ri 1111ed on page 8 fine addition to the Co11ti1111ed 011 page 12

2 A UTU MN / W ! NTEll. 20 03 NEWS L E TTER Remembering Justice Kaufman institutions or groups. Upon his departure from the BY JO LARICK Supreme Court, he criticized the effect of certain trends in the Court's decisions, closing off whole class­ es of cases from the courts. He feared that congestion The State of California lost a leading light of in the courts at all levels had led to the elimination of California jurisprudence upon the recent death of numerous legitimate claims, such as those of wrongful­ Marcus M. Kaufman, 73, a former Associate Justice of ly terminated workers or victims of insurance bad faith, the California Supreme Court and, earlier, of the in the name of efficiency. He lamented that, "You're Fourth District Court of Appeal. defeating the whole purpose of the system, ultimately." Justice Kaufman often played down the brilliant Personally, Justice Kaufman was unfailingly gener­ intellect that was the hallmark of his career, once ous and loyal. He extended a helping hand to many calling himself "just a common person blessed with young lawyers beginning their careers. Anyone who some certain talents." He had an unwavering passion had earned his friendship felt uniquely blessed by the for the things that mattered most to him: the love of warmth and sincerity of a truly special relationship. family and the cause of justice under law. Although his Although Justice Kaufman was devoted to the law, passion sometimes led to impatient outbursts - he was his family was his first love. When he retired from the famous for his booming and pointed questions at Supreme Court in 1990, he explained that he and oral argument - it was nonetheless informed by an Eileen had felt keenly the privations of being away impeccable integrity. His legal colleagues might from the rest of their family in Southern California. disagree with him, but his decisions were always based Their elderly parents required care, and their adult upon principle. daughters had young families; the Kaufmans naturally A big man with a big heart, Justice Kaufman was wanted to spend time with their children and grand­ devoted to his family, friends and community. A true children while they were still youthful enough to enjoy portrait of the man would be incomplete without them. The earlier devastation of their son's death in acknowledging the contributions of his wife of 52 years, 1977, as well as Justice Kaufman's own brush with Eileen. She was his partner in every sense of the word. colon cancer in 1988, made even more imperative When in 19 5 7 the young Kaufman expressed regret their desire to return to family life and recreation. upon leaving his clerkship with then-Associate Justice Soon after Justice Kaufman's retirement, he took his Roger Traynor at the California Supreme Court, it was grandson on a fishing trip to Alaska and reported that Eileen who reassured him, "Don't worry, you'll come "the fishing was great and the bonding even better - back some day." He did, in 1987,when he was appoint­ the trip of a lifetime." A family friend remarked that ed to the Court by Governor Deukmejian. Eileen was Justice Kaufman was never so proud of any title as he right there with him, his biggest fan and cheerleader. was of the appellation "Zaydie" - Grandpa. Unlike some of the other court members from Southern Justice Kaufman's scrupulous devotion to duty, his California, Justice Kaufman took up full-time residence careful and thorough scholarship and his record of pub­ in San Francisco upon his appointment. There, he and lic service were exemplary. He was a complete human Eileen could be seen taking a walk around the block, being, with a full range of emotions, virtues and faults. holding hands like high school sweethearts. He never pretended to be anything he wasn't; that was Justice Kaufman was a compassionate, as well as a part of his considerable charm. Justice Kaufman passionate, man. Professionally, his background shaped remarked at his Supreme Court confirmation hearing him. His parents, first-generation Americans, had run that his tastes ran far more to beer than to champagne. several small businesses while he was growing up. He He kept the common touch, saying, "I don't think helped out, doing part-time maintenance in his par­ being on the Supreme Court elevates us at all." He ents' small hotel. He not only became ingrained with nonetheless strove zealously for truth, justice and an indefatigable work ethic, he also saw the effects of excellence. Thus, his example has shown us that from World War II-era governmental regulation on his par­ humility comes genuine greatness. ents. The laws put onerous demands on them, and Jo Larick is a Research Attorney at the California their naivete left them unable to negotiate effectively Court (if Appeal, Fourth District, Division Two. She with the government against the inflexible regulations. clerked with Justice Kaufman for six years at the Court Ever after Justice Kaufman was determined not to ef Appeal and the Supreme Court. let what he felt were similar injustices befall others. As An earlier version of this article appeared in the a result, he saw himself as the champion of the "little Riverside County Lawyer. It is reprinted here with per­ guy," often siding with the individual against large mission of the Riverside County Bar Association.

NEWSLETTER · AUTUMN/WINTER 2003 3 The Future of California's Courthouses BY C HIEF JUST I CE RONALD M. GEO RGE

The fo llowing are edited remarks delivered by Chief Justice George on th e occasion of the Ca liforn ia Supreme Court Historical Society's educa tional panel, T emples of Justice: The Past, Present and Future of California's Courthouses, held at the California State Bar Annual Meeting in Monterey on October 11 , 2002. Our state's 451 court locations include mid-nine­ teenth century G reek revival "temples of justice," and the only courthouse designed by the eminent architect B11i/1 of 11atil!e s1011e in 191 7, tlte Lassen Co11111 y Co11r1 /10 11se re111aim Frank Lloyd Wright, as well as an assortment of indif­ i11 use attd is listed 011 tlte Na1io11al Register of Historic Places. ferent and often dilapidated public buildings of indeter­ minate lineage. county in the state had a unified trial court. The result­ Soon after becoming C hief Justice in 1996, I ing increased fl exibility in the use of judicial and undertook a tour of the courts in all 58 counties of administrative resources has led to an outburst of inno­ California. In the year that fo llowed, I traveled more vation in the courts, including specialty courts address­ than 12,000 miles across the state. I consistently ing domestic violence, drug use, and juvenile mental encountered dedicated judges and staff interested in health; increased outreach to local commun ities and improving the administration of justice and in better constituencies; improved services for self-represented serving the people of their local communities. These litigants; and closer coordination with local bar associ­ individuals often were stymied, however, by the uncer­ ations and social services providers. tain flow of resources, barriers restricting reallocation of On the statewide level, the Judicial Council has personnel and functions, and court locations that were expanded its services to the courts, and has set new inadequate, if not totall y inappropriate, to meet cur­ directions and created new initiatives in areas including rent demand. jury reform, uniform rules, improved fa mily court servic­ Two major reforms since the time of my tour have es, and the improved use of technology. The Council's had an unprecedented effect on the court system's abil­ role in assisting the local courts continues to develop. It ity to tackle innovative and wide-ranging projects has enabled our branch to assume far greater responsi­ designed to improve court operations and to respond bility for its future and to be accountable to the public more effectively to the public's needs. The first, of and our sister branches of government. course, was the 1997 enactment providing for a shift Following these reforms, there remained one area from a bifurcated system of funding fo r the trial courts of deep concern - one in which I had gained direct - split between the state and the individual counties - experience during my visits around the state: the con­ to a system of state funding. As a result, the state has dition of court facilities. For some time, the condition been providing a steady, consistent source of income of courthouses in many counties had languished. There for the courts, permitting planning and efforts to make was no mechanism accurately to detail present or pro­ reforms that improve court operations. jected needs statewide, and counties often placed The Judicial Council, the constitutionally mandat­ courthouse renovations or additions at the bottom of ed body (that, as C hief Justice, I chair) with responsi­ their to-do 1is ts. bility for setting policy fo r the statewide administration The problem of deteriorating and inadequate court of justice, has ultimate responsibility for the budget and facili ties was exacerbated once responsibil ity fo r the allocation process, a function that has permitted us to courts' operation shifted from a shared responsibility tackle issues on a broader and more effective level. with the counties to the sole responsibility of the state. A lthough our state and our nation currently face diffi­ T he counties were left to maintain facilities for govern­ cult economic times, it appears that the state funding ment functions over which they no longer had control. system is enabling the courts to weather this fiscal crisis Courthouses in California have played a unique fa r better than we would have fared under the county­ role in our state's history. California Court Houses, a based system. publication of the California Supreme Court Historical The second key reform was unification of the trial Society, catalogues some 60 of these structures. My courts, authorized by an overwhelming majority of the wife, Barbara George, who serves as C ha ir of the voters in 1998. By the end of that year, courts in 50 of Califo rnia A rts Council - a government e ntity - our 58 counties had unified, and by early 2001 every ensured that an allocation of funds for art was made

4 A U TU MN / WINTER 2 00) NEWS LETTER wh en the S upre me C ourt's historic home in San r Francisco was renovated and a new building was erect- ed by its side. O ne project she undertook, with the ass istance of individuals fro m the S upre me Court and the Administrative Office of the Courts (the Judicial Council's staff arm), was to obtain photographs of his­ toric courthouses from each of the 58 counties. This had never been done before, and proved to be an unex­ pectedly complicated and time-consuming venture. Persistence and patience paid off, however, and the results were remarkable. A complete pictorial history of California's courthouses now can be found in the lobby Co111plc1erl in 192·1, the Pln 11 ias Co 11111 y Conrrhonse re111ains in ojfcial of the Judicial Council's boardroom and in the hall­ 11 se, lw11ing been preserver/ i11 nearly its original stare. ways of the Supreme Court. In her introduction to Californ ia Court Houses, from each of the three branches of state government Barbara wrote: "These courthouses are monuments to and representatives of the counties and trial courts, the the way the people of Califo rnia saw themselves at an task force undertook a comprehensive three-year earlier time, when the state was young and ideals of the examination of court facilities in the state - the first democratic society were not only embraced, but also time such a survey had occurred. enshrined in what was often the grandest building The task force issued its report in October 2001. Its in town." I would add that these buildings symbolized key recommendation was to transfer responsibility for the key role that the judicial system played not only in facili ties from the counties to the state. Its findings our nation's self-image, but also in its aspirations. reveal the basis for its recommendation. These buildings were monumental - not so much The task force compiled a complete current inven­ inviting as commanding. tory of trial court facili ties. Ten million useable square Much has changed. Of the 60 courthouses that feet of court space are located in 451 buildings. Of were catalogued in this publication, only 32 remain in these locations, 29% were built before 1960, and 70% existence today, with 21 designated national historic before 1980. places and 22 still in use by the courts. In some com­ G iven their age, the amount of use these buildings munities, the symbolic significance of these structures endure, and the changes in responsibility fo r court seems to have abated, but local communities are being operations, it is no surprise that the task force found urged ro recognize not only the architectural va lue of that significant maintenance, repair or renovation is these remaining courthouses, but also their cultural sig­ needed in 90% of existing court structures. It identified nificance as emblematic of the role of justice in our 187 buildings as potentially requiring seismic upgrades democratic society. Perhaps in an era in which sky­ based on age and type of structure. scrapers and monster malls are commonplace, majestic Fifty-four percent of courthouse space is in build­ court bu ildings have lost some of their immediate ings rated either functionally defi cient or marginal; power to impress and focus the community. leaving only 46% of space in buildings rated physically Nevertheless, these historic models are important and functionally adequate - not necessarily excellent to remind us of the continuing place of a strong and or good, but merely adequate. And 56% of court build­ independent judicial system in our state's history, and ings are marginal or deficient fo r overall building secu­ also of the future need to provide adequate sites in rity alone. which justice properly can be administered. We must In short, the task force reached the basic conclu- invest wisely in restoring and building our state's court sion that trial court facilities throughout the state are fac ilities now. By doing so, we will support and encour­ in poor condition and that new facilities are needed to age recognition - by current and future generations of meet growing demand. Californians - of the critical role that meaningful and Conditions differ across the state. Support for the equal access to justice plays in our society. courts has varied greatly from county to county, due to When state funding became a reality, the question factors ranging from poor relationships between local of how to allocate responsibility for courthouses was set court leadership and the county board of supervisors to aside for a later day. In order to understand the scope marginal fiscal conditions in an individual county in the and nature of the tasks involved, the Legislature creat­ face of competing demands for other public services. By ed the Task Force on Court Facilities. W ith members the mid-l 990s, it was not uncommon to find court-

N E WS LETTER· AUTUMN / W IN T ER 2003 5 rooms housed in trailers; jurors without an assembly uals - judges, staff, litigants, jurors, witnesses, lawyers, room, forced to wait in stairwells or corridors; court­ and members of the public - should be safe from harm rooms carved out of former storage rooms or even bath­ within the confines of a courthouse in which justice is rooms; insufficient perimeter and courtroom security; dispensed. And that includes not only the prevention and the full panoply of physical problems encountered of harm from weapons and assaultive conduct, but also in any building that has not been properly maintained. the provision of seismically safe and environmentally During my travels across the state, I visited a court­ sound structures that meet public accessibility require­ room with stacks of law books piled around the judge's ments. In addition, a proper facility should provide sep­ bench to serve not as a resource for scholarship, but arate circulation paths for the public, court staff, and rather as a replacement for a bullet-proof shield. I wit­ prisoners. nessed prisoners being led through the clerk's office or Our branch also will now be able to focus on public corridors on their way to a courtroom; water­ ensuring that court facilities can meet current and damaged ceilings and walls; judges' chambers the size future needs. These include adequate jury rooms, space of broom closets; and juvenile facilities unfit for any for alternative dispute resolution, wiring for technolog­ child or adult. At one point, during a visit to Los ical services, accommodations for specialized courts, Angeles, I arrived in the courthouse as the floors were and planning to incorporate the benefits made possible still being mopped to remove the blood from a fatal by court unification to the delivery and distribution of shooting that had taken place in the hallway, arising judicial services. out of a family law matter. Courts are not asking for palaces nor are they ask­ The lack of county investment in facilities has ing that the buildings in which they operate be con­ continued in many locations - due not only to structed to outshine any other structure in the area in stretched resources, but also, in the wake of the shift to which they are located. They are asking simply that state funding, to a lack of strong incentive to invest in courthouses be designed and maintained to provide an facilities that support programs that are the responsibil­ adequately equipped and accessible location sufficient ity of the state. to provide needed services to the public, consistent After thoroughly reviewing the present system, the with maintaining the independence and strength of Task Force on Court Facilities concluded that the judi­ the judicial system. ciary should have the authority, responsibility, and I do not view this new Facilities Act as a burden - financial capacity for all functions related to its opera­ although it does impose a wide range of new responsi­ tions and staff, including facilities. The task force bilities on the judicial branch. Instead, I see it as an observed that controlling both operations and facilities enormous opportunity. Our judicial branch now will best ensures that all costs are considered together when have the full range of tools available to set the course decisions are made. Doing so will help bring about eco­ for the administration of justice in our state. We are nomical, efficient, and effective court operations. fortunate. We have a history of excellence to rely Equal access to justice is the paramount goal of the upon, and a future of unlimited possibilities to look for­ Judicial Council. The task force concurred, and con­ ward to - as well as the talent and dedication of thou­ cluded that the state can best ensure uniformity of sands of judges and court employees who remain eager access to all court facilities in California by placing to continue their efforts to improve how we serve the control of court facilities under the judiciary's control. public. The task force's conclusions were carried forward This is a truly historic time for our state and for our in the Trial Court Facilities Act of 2002 (SBl 732), courts. Our judicial system has experienced change to authored by Senator Martha Escutia. The success of an unprecedented extent during the past several years. this measure was touch-and-go until the very end, but Because so much is in flux, it is a time in which an it finally was signed into law by Governor Davis on individual can have an important impact on our judi­ September 30, 2002. cial branch's ability to administer justice. I urge each of The Act will permit our branch for the first time, you to join the courts in building our system's future. on a statewide basis, to consider the full range of issues California Court Houses, edited by Barbara George and relating not only to the condition of our courthouses, published by the CSCHS, is provided as one of the but also to the manner in which court locations can many benefits of Society membership at the Judicial affect the overall administration of justice for which level and above. To become a member of the Society or the judiciary is responsible. upgrade your membership, mail the membership form For example, the new act will facilitate the judicial printed in this newsletter or join on-line at branch's focus on increased security needs. All individ- [email protected].

6 AUTUMN/WINTER 2003 · NEWSLETTER Preserving the Past Through Oral History: -, native discusses Conversations with the impact of racial segre­ gation and his legal educa­ Former Supreme Court Justices tion a nd early career BY GERMA I NE LABERGE (including clerking for Justice Raymond Peters), in addition to his years on the What does a Supreme Court Justice do all day? For the Supreme Court. In particu­ pas t forty years, intervi ewers at The Bancroft Library's la r, Broussard candid 1y Region al Oral History Office (ROHO) have been comments on three of his as king this question of Justices of the Cali fo rnia opinions: the Mono Lake Supreme Court. l_ _,J decision (National Aud­ Even in our highly technological society of the 21st ubon Society v. Superior Court of A lpine County, century, there remain gaps in the written record. Oral 33 Cal.3d 419 (1983), Calfarm Insurance Company history provides an ideal process for filling those gaps v. Deukmejian (48 Cal.3d 805 (1989)), and Carlos v. and enhancing our understanding of the past. It creates Superior Court of Los Angeles County (35 Cal.3d firsthand accounts of important events in history 131 (1983 )). through tape-record ed recollections of the people who The oral histories of Frank Newman and Stanley observed and parti cipated in them. The personal and Mos k we re conducted under the auspices of the anecdotal material gathered in the interviews illustrates California State Archives State Government Oral how decisions are made, what motivates actions, how History Program. Frank Newman talks about his time individuals influence the course of history - behind­ at UC Berkeley's Boalt Hall as professor and dean, his the-scenes information that might otherwise be lost. international human rights work, the Constitutional But recording an oral history can be very resource­ Revision Commission, and the 1978- 1979 investiga­ intensive. Interviewers are highly-trained professionals tion of the Court by the Commiss ion on Judicial who are skilled in making the subj ect feel comfortable Performance. Stanley Mosk, who was the longest-serv­ and eliciting interesting and important information. i ng Ju stice on the California Supreme Court (from However, even prior to conducting the interview, they 1964-2001), spoke about his most famous cases, the must spend hours in preparation, becoming familiar state constitutional "Mosk doctrine" (or independent with the interviewee's life and work. Then, after the state grounds), collegiality on the Court, and the styles interviews are record ed, they are transcribed, edited of the many chief justices under whom he se rved. and indexed, before be ing made ava il able to A recently completed interview with Peter Belton, researchers in written form. the senior research attorney to Justices B. Rey Schauer Thanks to initial funding that ROHO has recently and Stanley Mosk, sheds more historical light on the received from the California Supreme Court Historical years 1960-2003. In A Senior Sta.ff Attorney R~ ec ts Society, fo rmer Justice Joseph Grodin is set to become on Four Deca des with the California Supreme Court the latest of many Cali fornia Supreme Court Justices (1960-2001) and a Lifetim e with Disa bility, Mr. whose reminiscences, refl ections and observations have Belton details how an opinion is drafted, comments on been preserved for future ge nerations. his work with the Judicial Council, and discusses his The oral histories of Justices Jesse Carter, Phil life experiences as a polio survivor. In addition, Belton G ibson, Frank N ewman, Allen Broussard , and Stanley describes the 1978- 1979 hearings by the Commission Mosk are put to constant use at the Bancroft. Jesse on Judicial Performance from the viewpoint of a mem­ Carter's interview, record ed in 1955, covers the 1927 ber of the Supreme Court staff and discusses the 1986 State Bar Act and the 1932 Democratic convention, retention elections. An av id photographer, Belton has in addition to documenting his twenty years on the provided many photos from different stages of his life Court. This wide-ranging interview includes his obse r­ which are bound in the volume. vations on the Chessrnan case, judicial dissent, civil The Regional Oral History Office is currently liberties, statism and private property. Phil Gibson's recording a n oral history of former Justice Cruz interview is shorter, as it is one of four in a vo lume Reynoso, now Professor of Law at the UC Davis entitled California Co nstitutional Officers, 1956- School of Law. The prospective memoir of Joseph 1966. It focuses on his time in the California Grodin will add greatly to the documentation of the Department of Finance (1938- 1939), but also includes California Supreme Court in this same era, during the his refl ections on judicial reform. 1970s a nd 80s unde r Chief Justice . A segment of Allen Broussard's oral history was (Unfortunately, we were unable to persuade former published in the CSCHS's 1998- 1999 Yearbook. The

N E WS LE T T E R · AUTU M N/W I NTE R 2003 7 Chief Justice Bird to record her recollections before her memoir and fund interviews with additional jurists. To untimely death.) make a contribution, please contact the Assistant ROHO funds each oral history individually from Director, Regional Oral History Office, (510) 642- sources outside of the University of California, relying 7395. Since 1954, the Regional Oral History Qffice on both public and private resources. For example, the (ROHO), a division of The Bancroft Library, Broussard oral history was funded by the University of University ef California, Berkeley, has been document­ California Black Alumni Club and the California ing the lives of significant participants in historical Judges Association, among other groups and individu­ events in California, the West, and the nation. Over als, while the Reynoso interview was funded by the 1500 volumes have been completed in many fields, California State Archives State Government Oral including legal history and jurisprudence. To learn more History Program. ROHO is very grateful for the seed about our collection, please visit our website at: money provided by the CSCHS, which has allowed it http://library.berkeley.edu/researchprograms/. to begin the preparation for interviewing Justice Germaine LaBerge, a member of the California Grodin, and it hopes to raise additional funds for this Bar, is a Senior Editor I Interviewer with the Regional oral history in the months ahead. Oral History Office, where she specializes in business, The Regional Oral History Office welcomes individual law, government and politics, and university history. and corporate contributions to complete the Grodin

Living Through It were recognized as both graceful and literate. A close Continued from page 2 (some say the closest) confidant of Governor Reagan, Justice Clark left the Court for Washington when the Governor was elected President. There Clark one of the appellate lawyers for the prosecution in the played a key role in the Reagan administration in a Anderson case was a young deputy attorney general who number of capacities: first, as Deputy Secretary of no doubt himself will have a fair claim to historical sta­ State; then, as National Security Advisor; finally, as tus-Ronald M. George.) Secretary of the Interior. Few individuals in the history And then there was the senior member of the of the country have wielded so much power in such a Court, Justice Marshall McComb. As a trial judge in variety of positions. the 1930s, he became nationally recognized as a court Of course, at the time I had no idea of the historic reformer for his invention of the master calendar sys­ stature of the justices before whom I was appearing. tem. By the time I encountered him, Justice McComb And so it undoubtedly is today. We are certainly sur­ was as bald as Yul Brynner and wore coke-bottle-bot­ rounded by individuals who will be esteemed and tom eyeglasses. I never heard him speak at oral argu­ reviled by history; we just are in no position to appreci­ ment except once, when he ignored the attorney who ate who precisely they are and whether history's thumb was arguing to confirm a lunch appointment with a ultimately will be up, down or somewhere in the middle. friend who was in the audience. He was famous for suc­ An important part of the mission of the California cinct majority opinions that followed a uniform, Supreme Court Historical Society is to preserve the Socratic approach: as to each issue, the opinion would history of California's judicial system, including first formulate a one-sentence "Question"; the opinion preserving the important papers and recollections of would then answer the question either "Yes" or "No"; contemporary figures. For that reason, the Society is and a brief explanation would follow. Dissenting opin­ playing a major role in supporting such projects as the ions were even shorter, sometimes comprising no more archiving of the Stanley Mosk Collection and the oral than one or two sentences. In 1977, the aged Justice history of former Justice Joseph Grodin. Thus each of McComb became the first and only justice removed us, as members of the Society, can be assured that our from the California Supreme Court because of an efforts will help future generations appreciate the inability to carry out his duties. remarkable individuals who are making history The junior member of that Court was Justice today-even while our own appreciation is limited by William Clark. Justice Clark was almost as laconic at the fact that, rather than looking back on that history, oral argument as Justice McComb, but his opinions we are living through it.

8 AUTUMN/WINTER 2003 NEWSLETTER Uourthouses of Ualif ornia: An IDustrated History

alifornians have been renting, buying, building, remodeling and tearing down courthouses for 150 years. Some are modest utilitarian struc­ ~ tures; others are magnificent architectural treasures. Using the court­ house as its focus, Cou11ho11ses ofCalifornia illustrates the evol ution of Cali fornia from a sparsely settled frontier to its cwTent position as the largest, most diverse state in the nation. LAVISHLY ILLUSTRATED, with over six hlllldred photographs, some taken by acknowledged masters, such as Dorothea Lange and Carleton Watkins, others the work of talented contempora1y photognphers. ENTERTAINING, with legends and anecdotes of judges, lawyers, politicians and highwaymen that are by turns amusiJ1g, dramatic, shocking, and poignant. INFORMATIVE, with a foreword by ChiefJustic e Ronald M . George

From the Foreword by California Chief Justice Ronald M. George: ''This welcome volume contributes a missing chapter in the extraordinary story of the Golden State and gives us a comprehensive survey of what are quite likely our most significant public buildings- the court­ houses of California. In this rich and unprecedented collection, the story of the state unfolds in its architecture-from Spanish colonialism to statehood to postwar internationalism. The wedding of architecture and justice has result­ ed in buildings that have much to say about the values and aspirations of our citizens over the yea rs."

Large format (9" x12"), hardcover, over 380 pages.

1 ------Send me Courthouses of Quantities AlI profits benefit the YES! California: An Illustrated Hist01y. Limited! Californ ia Hi storical Society. J ___ copies at $50.00 each $. ______PAYMENT: D Check Enclosed (Payable to Heyday Books) CA Residents add 8.5% tax $.______D VISA D MasterCard D American Express D Discover Shipping $6.50 !st book, $2.50 each additional $.______Card Number TOTAL payment $.______SHIP TD: Signature Expiration Date

Name Mail your order to: Heyday Books, P.O. Box 9145, Berkeley CA 94709 Address [email protected] City State Zip { ~ Phone Orders CALL 510-549-3564 Phone Number E-Mail ~ or FAX 510-549-1889 Judicial Creativity and the Jurisprudence --, e nce of the citize nry. In ef ChiefJustic e Traynor doing so, Levy showed us BY DONNA SC H UELE & SHOO HR AT J SAEV how Shaw's jurisprudential beliefs refl ected his under standing of the need for the Chief Justice Roger Traynor might have taken a bit of law to respond to tha t exception to the title of Ben Field's recently-published increasing interdependence. biography, Activism in Pursuit ef the Public Interes t: Follow the movement of The Jurisprudence ef C hiefJu stice Roger J Traynor. As Americans westward and a law professor at Boalt Hall in the 1930s, T raynor was fast forward to the mid­ ever mindful of the charges that had been leveled at twentieth century. Now it the anti-New Deal United States Supreme Court. l_ _j would be Cali fornia and Thus, with his appointment to the Califo rnia Supreme another influential state court judge , Roger Traynor, Court in 1940, Traynor claimed to embrace not judi­ who wou ld develop a jurisprudence to respond to mod­ cial "activism" but judicial "creativity." In doing so, em forms of social and economic interdependence, Field asse rts, T raynor launched a golden era for the where entrenched common law doctrines were proving Court, so that by the time he was elevated to Chief inadequate to protect the ri ghts of consumers and Justice in 1964 the state's highest court was reputed to political minorities. And, like Lemuel Shaw, this chief be the most prestigious in the country. justice would also achieve his reforms with a particular While the stature of the Traynor Court is we ll se nsitivity to the large r enviro nment in which his known among jurists, lawyers and even law students, court operated. Field embarked on his biographical proj ect believing In addition to judicial opinions, Field's biography that T raynor's career and contributions called out for relies on a variety of so urces, including archives at more scholarly attention than they h ad previously Boalt Hall and Hastings College of the Law, casefi les received. He explains, "Justice Traynor is worth learn­ housed at the State Archives, and the myriad publica­ ing about not only because of the substantive reforms tions that T raynor authored, first as a Ph.D. in political he initiated, but also because of his approach towards science, then as a law student and law professor, and judging. He teaches us a great deal about judicial deci­ later as a member of the Court. sion-making." Field also conducted interviews with colleagues of The publication of this book emerges out of a col­ T raynor. These included Don Barrett, the senior staff labora tion be tween UC Be rkeley's Institute for attorney for the Court and a close fri end of Traynor Governmental Studies and the California Supreme who, Field says, proved to be "an excellent source of Court Historical Society. As Dr. Harry Scheiber, a information," and Herma Hill Kay, professor and for­ member of the Society's Board of Directors, explains in mer dean at Boalt Hall who served as T raynor's law the Foreward, the Society has sought "to expand the clerk as a young lawyer. Regretting that so many of the scope of legal-history writing on California to embrace people who worked with Traynor are now deceased, the interrelationships of law with society, with the Field wishes that his study could have been informed processes of economic change, with politics and ideolo­ by additional oral histories. gy and culture." Activism in the Pursuit ef the Public After recounting T raynor's early life and career, Interest fu lfills this goal admirably. Field focuses on fo ur different areas of case law devel­ The model for Field's study is the class ic text by opment. With the anti-miscegenation case of Perez v. Leonard Levy, The Law ef the Commonwealth and Sharp, 32 Cal.2d 711 (1948), Field transports us back C hief Justice Shaw. According to Field, Levy's work to the world of race relations in the 1940s and the was "foundational" for his study. "I believe I asked bet­ particularly complex racial and ethnic environment ter questions about the relationship between T raynor's in California. In doing so, Field embeds T ray nor's innovative decisions and his political environment deve lopment of legal doctrine in the social setting of because of Levy." the times. In fac t, Levy's and Field's volumes serve as interest­ No controlling legal precedent supported T raynor's ing bookends fo r the history of the development of position that Califo rnia's anti-miscegenation statute American law and jurisprudence. Levy focused on a was unconsti tutional. All courts, state and federal, that pivotal Massachuse tts state court judge in the earl y had considered the iss ue had upheld statutes against nineteenth century, Lemuel Shaw, to illustrate the racial mixing. To overturn such a statute would cer­ development of common law doctrines, especially in tainly leave a court open to charges of judicial activism the area of tort, at a time of increas ing interdepend- and encroachment on legislative prerogative.

I O AU T UMN/W I N TER 2 003 N E WS L E TTER Field's interview with Don Barre tt Marshall F. McComb, Lo11is H. B11rke, Mathew 0. Tobri11 er, Roger ). Traynor, Stan ley J\!losk, Roymo11rl L. S1.1/li1Ja11 & Roy1n o11 rl E. Peters . reveals that he had advised T raynor to appeal to sweeping constitutional princi­ from charges of judicial activism. His understanding of ples to defeat the statute. Traynor reject­ the public interest recognized that judicial decision­ ed that strategy. Instead, he employed a standard making that remained loyal to outdated precedents rational bas is test but did so by relying on a variety of undermined respect for the law and threatened demo­ ostensibly neutral contemporary sc ientific and social cratic valu es fa r more than would judicial activism. scientific studies , especia lly Gunnar Myrd al's An Field astutely concludes that Traynor "attempted to American Dilemma. replace the predictability of stare decisis with the pre­ In this way, Traynor avoided appearing activist but dictability of coherent social policy." The result was an nevertheless reached a decision that carefully but cre­ unprecedented period of prestige for the Golden State's atively achieved justice. And he did so without se tting highest court. off the sort of firestorm that one might have expected For anyone interested in the Traynor Court specifi ­ for the times. As Field demonstrates, notwithstanding cally or judicial process generally, ActilJism in Pursu it the significant media attention focused on the case, the of the Public Interest is a must-read. Field's analys is is decision generated little public reaction and no more sharp and his writing clear. He provides just enough than subdued commentary from legal scholars. detail to place the cases in both social and legal con­ Field's next chapters deal with T raynor's contribu­ text, allowing the reader to move quickly through the tions to the development of law regarding divorce chapters. In the end, Field provides a historical context (DeBergh v. DeBergh, 39 Cal.2d 858 (1 952)), police to today's politically charged but oh-so-routine cry of searches (People v. Cahan, 44 Cal. 2d 434 (1955)), and "judicial activism." products liability (Esco/av. Coca -Cola Bottling Co., 24 Ben Field received his Ph .D. in history and his J.D. Cal.2d 453 ( 1944) and Green man v. Yuba Power from th e University of Ca lifornia, Berkeley. H e is a Products, Inc., 59 Cal. 2d 57 (1963)). As with his treat­ deputy district attorney in Santa Clara Cou nty, where ment of Perez , Field places each case in its social, he prosecutes hornicides and sex crimes. political and/or economic context and demonstrates Shoohrat Isaev is an undergraduate history major at the ways in which T raynor moved the law away from Ca lifornia State Un il!ersity, Northridge and an aspiring sclerotic precedent and towards a position designed to attorney. He is currently serving as the student intern for accomplish broad justice without doing damage to the th e California Supreme Court Historical Society. reputation of the Cali fo rnia Supreme Court. Activism in the Pursuit of the Public Interest is The Court's subsequent tumultuous history has not provided as one ef the many benefits of Society member­ been lost on Field , especially when he undertakes to ship at the Judicial level and abolJe. To beco me a member explain how T raynor and his form of activism avoided, of th e Society or upgrade yo14r mernbership, mail th e in Field's words, the "self-inflicted wound" of the Bird membership form printed in this newsletter or j oin on ­ Court. But, as Field ably demonstrates, Traynor accom­ line at [email protected]. plished much more than merely protecting the Court

NEWSLETTER· A U TUMN / WINTER 2003 11 The Fruits ef Generosity Our next newsletter will be dedicated to the mem­ Continued }ram page 2 ory of Justice David N. Eagleson, who passed away in May 2003. Once again, thank you to all of our members collection, and the Society is gratified to have a role in for your generous support of the Society in 2003. We bringing that project to fruition. look forward to including you in Society membership This newsletter issue also includes the edited in 2004, and hope that our paths cross at a future remarks of Chief Justice Ronald George, delivered at Society event. the CSCHS-sponsored educational panel at the 2002 State Bar Annual Meeting. That program focused on California's historic and modern courthouses, and high­ lighted new legislation transferring responsibility for the courthouses from the various counties to the state. Fond Memories We again sponsored a CLE program in 2003, enti­ Continued from page 1 tled Righting History's Wrongs: WWII Reparations Cases. Much of the litigation dealing with WWII-era issues has been undertaken in California, and for a Marc's delighted chuckle when I told him that my topic with a historical angle the program could not attorneys affectionately referred to Evan as "young have been more timely. The Society is indebted to Marcus." Little did I know that this was to be my last Whittier Law School Professor Michael Bazyler, former conversation with Marc. He died shortly thereafter. Assemblyman Wally Knox, Deputy Attorney General In 1987, while recuperating from cancer surgery, Catherine Ysrael, and Randol Schoenberg of Burris Marc wrote down for his beloved children and grand­ & Schoenberg, for sharing their extensive expertise children his reflections on life and death, and he and first-hand experiences at this stimulating reminded them of the values that he held so dear and panel discussion. that he in turn wanted his children and grandchildren Our next newsletter issue will highlight three more to treasure and pass on. Those eloquent and heart-felt Society-supported programs and projects: the expand­ comments reflect the essence of Marc. ing archival mission of the Supreme Court Library, This is what he said: "The ideas, ideals and values including the archiving of Justice Stanley Mosk's that have most influenced my life I think, and those papers; the Supreme Court tour program, which that I would like to believe are most exemplified in my includes a video highlighting the role of the Court in life, are a love affair with excellence, the pursuit of per­ California government; and the CSCHS's website, cur­ fection and rather great impatience with mediocrity or rently under construction. stupidity, especially when repeated; a striving for and This newsletter also happens at various points to sense of obligation to develop one's abilities and to focus on the Traynor Court and those connected to it. achieve to the fullest of one's capacity; a love of beauty Our regular On Your Bookshelf column features Ben and of nature's wonders; love of family; acceptance of Field's biography, Activism in Pursuit of the Public responsibility; devotion to duty; the admiration of Interest: The Jurisprudence of Chief Justice Roger]. courage; loyalty; the realization that there is much Traynor, published by UC Berkeley's Institute for greater pleasure in giving or helping others than in Governmental Studies. Publication costs were under­ receiving; and, finally, a belief that it is both a privilege written by the Historical Society, and the book is a and obligation of the more fortunate to assist the less benefit of 2003 membership at the Judicial level and fortunate, particularly in developing their potential, above. If you are an Associate member and would like achieving an education or finding employment." to receive a copy of Activism in Pursuit of the Public Marc went on to tell his family: "Ideas, values and Interest, please contact us about upgrading your mem­ ideals do not perish with the mind that conceived bership today. them or the life that exemplified them. They live on As well, we commemorate here the life of former and play a part in the lives of those to whom they have Supreme Court Justice Marcus Kaufman, who began been transmitted. And so people live on after death in his legal career as a law clerk for Justice Traynor. the ideas, values and ideals they transmitted during Justice Kaufman, who passed away in March 2003, their lives, which often continue to grow and spread served on the Court from 1987-1990. He is fondly even after death." remembered in these pages by Justice Joyce Kennard Marc's spirit lives on; his legacy lives on. and Jo Larick, his research attorney.

I2 AUTUMN/WINTER 2003 · NEWSLETTER NEWS MEMBER NEWS MEMBER NEWS MEMBER NEWS MEMBER NEWS ME

At the request of Senator ,­ Dianne Fe instein's offi ce a nd Public Counse l, MA c c 1 E L E v v a nd a team fr om Manatt, Phelps & Phillips, LLP represented Ruth Hairston, an 82-year old widow whose claim fo r survivor annuity benefits was denied by the federal Office of Personne l Man ­ ageme n t (OPM) before l_ _.J the Federal C ircuit Court in W as hington , D.C. In !Vlaggie Reyes Bordeaux, .fi"ont nglu, is joined by rli e recipients of rh e November 2002, Levy argued the Petition fo r Review, vVillia111 }. Lasaro111 Award for Pnblic Seruice as ll!ell as 111 e111bers of rh e j udiciary and courl ad 111 inistm1ion of rli e U.S. Bankruptcy Courr. and in January 2003, the Federal C ircuit ruled unani­

mously in favo r of Ms. Hairston. The Federal C ircuit's CSCHS member M A c o A L E N A R Ev Es Bo R D EA u x , precedent-setting published opinion can be expected a Public Counsel staff attorney charged with managing to have a significant impact on OPM's operati ons and the organiza tion's Debtor Assistance Project (DAP), the rights of civil service employees and their fa milies writes that on September 25, 2003, the Los Angeles to obtain survivor annuity benefits. County Bar Association (LACBA) Law Commercial

In Sept embe r 2003, RONALD W. STov 1Tz, Law & Bankruptcy Section Debtor Assistance Project Pres iding Judge of the State Bar Court, was elected Subcommittee recognized the outstanding pro bono fo unding Presid ent of the newly fo rmed National participation of its DAP volunteers. The U.S. District Council of Lawyer Disciplinary Boards. This organiza­ Court, Central District of California, and the bank­ t ion acts to enhance the work of courts and boards ruptcy courts for the Central District supported the who serve nationwide to aid their respective state high event. The DAP began in 1997, with the bankruptcy courts in the adjudication of lawyer regulatory cases. courts, the LACBA Commercial Law & Bankruptcy Section and Public Counsel working collaboratively to The College of Letters and r- l address the press ing needs of low-income debtors. Science at the U nive rsity Services now include pre- bankruptcy counse ling and of Cali fornia, Berkeley has advice; representation in C hapter 7 cases, representa­ h o no red DR. C H A R LE s tion in adversary proceedings; and counsel and advice M c C LA 1 N with the 2003 at reaffirmation hearings. The pro bono participation Award fo r Distinguish ed of the volunteers honored enabled Public Counsel to Research Mento ring of provid e greatly needed legal ass istance to over 800 undergraduates. The award consumers over the past year. is presented to fac ulty members who have created J us T 1 c E E ow ARD A . PAN i LL 1 received the Peter extraordinary opportunities Burnett Award fo r Public Service from Santa C lara fo r students beyon d the l_ _.J U niversity at the June 2003 commencement. This classroom by devoting their time and effort to encour­ award was given at the conclusion of Justice Panelli's ag ing and developing research projects. McCla in 19 years of service as Chair of the U niversity's Board of teaches in Berkeley's Legal Studies program, a law and Trustees. Justice Panelli has se rved on the Board since li beral arts program located in the Letters and Science 1963 and was named C hair Emeritus. Justice Panelli's College but under the supervision of the Boalt Hall birthplace on the University campus was recognized by School of Law fac ulty. the fo llowing plaque: "Edward A Panelli , a graduate of

N EW S L ETTER AU T U M N/W INTER 2 003 13 Santa C lara University (B.S. 1953, J.D. 1955), the 1 R . Sc o TT W v L 1 E h as lOOth Supreme Court Justice of the State of California, been n o mina ted for the a member of the University Board of Trustee for over position of Secretary of the 40 years and C hair of the Board from 1984-2003, was Orange County Bar born on this site November 23, 1931." In addition, the Association, and, if elected, CSCHS extends its congratulations to Justice Panelli wo uld become OCBA upon being named one of the California's Top 100 President in 2007. Wylie is Lawyers by the Los Angeles Daily Journal. Associate Dean of Whittier P ETER L. RE ICH, r- -, Law School and a former Professor of Law a t member of the State Bar Whittier Law School, is lit­ Board of Governors. Best of igating the land use case _,,J luck, Scott! Lobato v. Taylor, which has From May through July 2003, ) uDcE ALVIN H . been appealed to the U.S. Go LD s TE 1 N, JR. served in Iraq as one of four judicial Supreme Court. The case members of a thirteen person Legal Assessment Team. presents novel issues of the Members of the Assessment T eam, acting under the interpre tati o n of foreign auspices of the U.S. Department of Justice, were dis­ law and of a key interna­ bursed through o ut the country and re turned t o tional treaty. Successors-in­ Baghdad to prepare a report that evaluated the Iraqi interest to beneficiaries of L _.,J judicial system and its infrastructure. The Team's pri­ an 1842 Mexican land grant, Reich's clients claim mary obj ective was to ass ist in the post-war task of re­ grazing, water, and woodcutting rights on the grant's establishing the rule of law, engendering respect for former common lands, now occupied by a ski resort. fundamental human rights, debaathification of the When the resort owners fenced them out, Reich's judiciary and reactivation of the Iraqi courts at all lev­ clients sued o n the basis of prescriptive use and els. In September 2003, Judge G oldstein served as a Mexican law theories of usufruct under the 1848 Legal Reform Con sultant t o the Office of High Treaty of Guadalupe Hidalgo. The Colorado Supreme Representative in Bosnia-Herzegovina. Court upheld their claims in June 2002. 1 The CSCHS congratul­ "Reached a professional miles t o n e?" we as ked. a tes Board of Directors C HARLES LAWRENCE SwEzEv writes, "Now that members c HIE F J us TI c E you mention it, I reached one this past summer: it was R ONALD M. GEORGE, 55 years from the time I started my year and a half term forme r Justice EL woo D as law clerk for the late Cali fornia Supreme Court L u 1 , and DA N1 E L G R u N- Justice Homer R. Spence. I retired 15 years ago after FELD, as we ll as fo rmer two plus terms as a member of the California Worker's boa rd member TH o MA s Compensation Appeals Board (appointed by both R. M ALco LM , on being Gov. and Gov. ) but have named to the L os Angeles continued consulting in that fi eld and writing for CEB Daily J ournal's T op 100 and the Cali fornia W orkers' Compensation Reporter." _j Lawyers list for 2003. A number of current and former CSCHS Board mem­ bers were among those recognized by the Los Angeles Daily Journa l for the extraordinarily high level of busi­ ness they generated for their law firms in 2002. Topping the $10 million mark were Jo H N A . Do No v AN and MEL v 1 N R. Go Lo MAN, while TH E o o o RE J . LET US HEAR FROM YOU! BouTRo us )R ., EL wooD L u i , TH OMAS R. MALCO LM, and J. T HOMAS Rosc H topped the $5mil­ lion mark. Congratulations on your success! The CSCHS extends sincere condo lences to the Send Member News contributions and sugges tions for McCo mb fa mily o n the pass ing of MARGARET On Your Bookshelf to: [email protected] (818)883- Mc Co Ms, widow of Supreme Court Justice Marshall 5569 (fax) or CSCHS, 22130 C larendon St., McComb. Mrs. McComb passed away on November Woodland Hills, CA 913 67. 4, 2003.

AUTUMN/W I NTER 2003 NEWS L E T TER FINANCIAL REPORT Historical Society FO R FI SCA L Y EA R END I NG JUNE 30, 2003

I NCOME These fi gures reflect monies collected and Membership Dues 224,076.8 1 paid out for the fi scal year of July 1, 2002 Other Income 1,766.45 through June 30, 2003. The Board of Directors Total $225,843.26

approved funding for various programs during E X PE NSES FY 2003-2004 with that funding being paid out Personnel Related 64,008.75 in FY 2003-2004. The next annual report, Publications 10,332.18 published in our Autumn / Winter 2004 Professional Fees 6,142.00 Newsletter, will reflect those transactions. Travel 3,261.79 Office Related 18.746.03 Total $102,490.75 Net Inco me $123,352.51 % of In co me 55 %

Activism in Punuit olthe Publit lnterest: The As a benefit of membership for 2003, members at the Judicial Level and above will receive Ben Field's newly released book, Activism in Pursuit of the Public Interest: The Jurisprudence of ChiefJustice Roger J Traynor. To request additional copies, please inquire. BEN FIELD 200 3 M E M B ER SHIP F O RM

Please denote your membership level and make checks 0 Benefactor $2500 & above 0 Grantor *** $250 to $499 payabl e to CSCHS. Please include your contact infor- 0 Founder **** $1000 to $2499 0 Sustaining ** $100 to $249 mation below to ensure that our records wi ll include 0 Steward $750 to $999 0 Judicial * $50 to $99 your mailing-address, telephone and fax numbers, and 0 Sponsor $500 to $749 0 Associate t Below $50 e- mail address.

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Email Please return this fo rm along with your membership contribution to: **** Recommended minimum level fo r firms with fifty or more attorneys. *** Recommended minimum level fo r firms with ten or fewer attorneys. The California Supreme Court Historical Society ** Recommended minimum level fo r attorneys in pri vate practice. 22 130 C larendon St. Woodland Hills, CA 91367 * Recommended minimum level fo r public sector professionals, Phone (818)348-6054 Fax (818)883-5569 judiciary, educators, and librari es. t Associate level benefits limited to electronic mail version of CSCH S Newsletter [email protected]

NEWSL E TTE R· AUTUMN/W I NTER 2003 BOARD OF DIRECTORS: Hon. Ronald M. Geroge Chair Kent L. Richland President Hon. John Shepard Wiley Jr. Vice President Vicki De Goff Secretary Margaret Levy Treasurer THE CALIFORNIA SUPREME COURT Executive Director & Newsletter Editor Historical Society Donna C. Schuele

The CalifOrnia Supreme Court Historical Society NONPROFIT ORG 22130 Clarendon St. Woodland Hills, CA 91367 U.S. POSTAGE Phone (818)348-6054 Fax (818)883-5569 PAID PERMIT NO: 65 [email protected] CANOGA PARK, CA