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�� Public Service Presiding Justice Robert K. Puglia Judge Scholar Wordsmith Teacher Patriot

Third Appellate District, in June his more than 40 years in the 1974; and presiding justice in law. Known for his keen intel- AN EARLY VOICE December 1974. After becom- lect and clear reasoning, he FOR OPEN ing a judge, Puglia served on is remembered by colleagues OVERNMENT the Judicial Council, the state and litigants alike for his sharp G n Stockton Newspapers, Inc. courts’ governing council. He memory, gregarious personal- v. Redevelopment Agency served as president of the Cali- ity, thorough consideration of (1985)I 171 Cal.App.3d 95, fornia Judges Association and issues, and effective leadership. Justice Puglia held that “the the National Council of Chief His stewardship of the court was alleged participation by defen- obert K. Puglia was born Judges of Courts of Appeal. Ad- exemplary, marked by a respect dants, the majority of the leg- R in 1929 and raised in mired and respected by appellate for his colleagues and a con- islative body of the redevel- Westerville, Ohio. He graduated judges everywhere in America, cern for the independence of the opment agency, in a series from Ohio State University with he often served as a member judiciary. of one-to-one nonpublic and a degree in political science, then of the faculty of the Appellate Justice Puglia’s opinions are unnoticed telephone conversa- fought in Korea and became a Courts Institute, conducted distinctive for their scholarship, tions with the agency’s attor- fi rst sergeant in the Third common sense, clarity, and ney for the commonly agreed Infantry Division. He graduated eloquence, refl ecting his purpose of collectively decid- in 1958 from the University of “[Justice Puglia’s] philosophy of judicial ing to approve the transfer of California Boalt Hall School restraint and his ownership in redevelopment of Law. stewardship of the court understanding of property constitutes a ‘meeting’ at which ‘action’ was taken Justice Puglia began his the proper role in violation of the Brown Act.” legal career as a deputy was exemplary, marked by a of the courts in Many statutes and court rul- attorney general in Sac- a democratic ings across the nation follow ramento, and then moved respect for his colleagues and society. He this interpretation today, hold- to the Offi ce of the Dis- wrote more ing that a serially conducted trict Attorney, Sacramento a concern for the independence than 4,000 telephone poll or series of one- County. At age 34, he was opinions, of on-one meetings or other com- named chief deputy district of the judiciary.” which 446 were munications among a num- attorney In 1969, he became published, includ- ber of members or a quorum a partner in McDonough, ing one opinion he wrote of a public body violate open Holland, Schwartz, Allen & annually by the California Cen- as Chief Justice pro tem of the meeting requirements. Justice Wahrhaftig. He was a professor ter for Judicial Education and California Supreme Court. A Puglia’s Stockton Newspapers of law at the McGeorge School Research, and of the Appel- dynamic, innovative, collegial, decision was a crucial step of Law, University of the Pacifi c, late Judges Seminar, held each and respected leader and men- toward ensuring government and taught at California State year by the Institute of Judicial tor, he retired from the Court of openness and meaningful citi- zen involvement in California University at Sacramento. Administration, New York Uni- Appeal in November 1998; its and the United States. Governor Ronald Reagan versity School of Law. library was dedicated and named Ann Taylor Schwing, et al. appointed him judge of the Robert K. Puglia distin- in his honor the following April. Open Meeting Laws 2d Superior Court of Sacramento guished himself, in California Robert K. Puglia died on March (Fathom, 2000)

County in August 1971; associ- and in the nation, both as a pros- 11, 2005. Photography credit: ate justice of the Court of Appeal, ecutor and as a jurist, during Sirlin Photographers, Sacramento

1905 • California Courts of Appeal Centennial Celebration • 2005 Temple of Justice The Stanley Mosk Library and Courts Building Sacramento

The ﬁ rst home of the Court of Appeal, The curved courtroom in the State Designed in 1918 by architects Weeks The courtroom has been called the most Third Appellate District, was in the Capitol served both the Supreme Court & Day, the Library and Courts Build- beautiful in California. The original apse, or rounded portion, on the east and the Third Appellate District until ing has been described as one of gum (eucalyptus) paneling on the walls side of the State Capitol Building. With 1928, when the Library and Courts Sacramento’s best-kept architectural has remained unchanged since the the construction of the East Annex in Building opened. and artistic secrets. building opened to the public, as have 1954, this portion of the Capitol was the furniture and light ﬁ xtures. demolished.

he Court of Appeal, Third Appellate lenging the judges, lawyers, and researchers In 2002, the building District, was housed in the State Capi- who use the building every day, the inscrip- was renamed in honor of Ttol Building from 1905 until 1928, when tion Into the highlands of the mind, let me go the newly constructed Library and Courts appears beneath the pediment. Superior Court Justice Building was ready for occupancy. The building’s interior, a vivid display Stanley Mosk, the longest- Designed in 1918, the Library and of skilled artistry and craftsmanship, inte- serving justice in the Courts Building typifi es an earlier era of grates artistic details with expansive rooms history of the state’s high traditional government buildings. Its mon- and monumental ceilings. On the fi rst fl oor umental twin, the Jesse Unruh California stands the ornate, two-story courtroom court. Justice Mosk had State Offi ce Building, looms just across jointly used by the California Supreme died the previous year. Capitol Mall and the circular fountain that Court and the Court of Appeal, Third Dis- links the two buildings with the State Capi- trict. Interior artwork of the building itself tol. The twin edifi ces were designed by consists largely of neoclassical designs, architects Weeks & Day, who also crafted motifs featuring Greek gods and god- the Hotel Mark Hopkins and the San Fran- desses, classic bronze sculpture, gold leaf, cisco Chronicle Building, among other and recessed Roman ceilings covered with landmarks in the San Francisco Bay Area. clathri stars. Prominent art deco mural- The Library and Courts Building stands ists Maynard Dixon and Frank Van Sloun a full 5 stories, with 10 granite columns provided several panoramic creations that fl anking the main entrance, topped by a remain clear and striking to this day. classic pediment, which sculptor Edward Adapted from Michael Rich, “War and Progress F. Sanford embellished with life-sized fi g- Through the Ages” (Fall 1991) The Sophisticate: Magazine of the Art Deco Society of California 8–10 ures from Greek mythology. Always chal-

Photography credits: Court of Appeal, Third Appellate District California State Library

1905 • California Courts of Appeal Centennial Celebration • 2005 The Third Appellate District public contracts (C&C Construction, Inc. v. Sacramento Municipal Utility District (2004) 122 Cal.App.4th 284). In an important water rights decision, the court ordered the State Water Resources Control Board to comply with a state law requiring an adequate fl ow of stream water for fi sh in Mono and Inyo Coun- ties. The court held that the board had already issued water licenses to the City of Los Angeles and its water and power department, which authorized appropriation of all available water. But, the court held, a specifi c legislative rule concerning the public trust could be prospectively applied to the licenses. (California Trout, Inc. v. State Water Resources Control Board (1989) 207 Cal.App.3d 585.) The ruling helped resolve a long-running water rights dispute in the Mono Lake basin.

$EL 3ISKIYOU .ORTE -ODOC Sirlin Photographers, Sacramento Photographers, Sirlin

3HASTA ,ASSEN 5IJSE"QQFMMBUF%JTUSJDU Back row (left to right): M. Kathleen Butz, Harry E. Hull, Jr., Vance W. Raye, 4RINITY Fred K. Morrison, Ronald Boyd Robie, Tani Gorre Cantil-Sakauye (UMBOLDT 4EHAMA Front row (left to right): Rodney Davis, Coleman A. Blease, Arthur G. Scotland, 0LUMAS "UTTE 'LENN 3IERRA Rick Sims, George W. Nicholson -ENDOCINO

.EVADA #OLUSA 3UTTER 0LACER 9UBA ,AKE 9OLO %L$ORADO !LPINE he Third District has grown from its original complement of 3ACRA 3ONOMA .APA MENTO !MADOR

3OLANO #ALAVERAS -AR 3AN 3 justices to 11 justices today, and the court now hears appeals -ONO IN *OAQUIN #ONTRA #OSTA T 3AN&RANCISCOw from 23 counties—Alpine, Amador, Butte, Calaveras, Colusa, El !LAMEDA 4UOLUMNE 3AN-ATEOw

-ARIPOSA Dorado, Glenn, Lassen, Modoc, Mono, Nevada, Placer, Plumas, 3TANISLAUS 3ANTA #LARA -ERCED Sacramento, San Joaquin, Shasta, Sierra, Siskiyou, Sutter, Tehama, 3ANTA#RUZw -ADERA 3AN )NYO &RESNO Trinity, Yolo, and Yuba. The geographical area of the district is "ENITO 4ULARE -ONTEREY larger than the combined area of Connecticut, Delaware, New +INGS

3AN +ERN ,UIS Hampshire, Rhode Island, and Vermont. /BISPO 3AN"ERNARDINO

3ANTA "ARBARA 6ENTURA “A great deal of the law in California is ,OS!NGELES /RANG 2IVERSIDE E actually made by the Court of Appeal.” 3AN$IEGO )MPERIAL —Justice Robert K. Puglia

Because the Third District is based in California’s capital, Facts and Figures Sacramento, it frequently issues decisions of great importance to The trend from 1993 through 2003 in the record of appeal fi lings in state constitutional offi cers and state agencies alike—decisions that the Third District has been an increase in civil and juvenile appeals affect many of the political processes of the state. and a slight decrease in criminal appeals. A total of 1,329 opinions In Lungren v. Superior Court (1996) 48 Cal.App.4th 435, for were written by the justices of the Third District during fi scal year example, the court upheld the Attorney General’s offi cial descrip- 2002–2003. Of those involving majority decisions, 9 percent were tion of a ballot measure prohibiting preferential treatment based on published—2 percent more than the statewide average. race, ethnicity, or gender in state programs. PERCENTAGE OF MAJORITY OPINIONS PUBLISHED In a later case, the court interpreted Proposition 209 to invali- (FISCAL YEAR 2002–2003) COURT TOTAL CIVIL CRIMINAL JUVENILE ORIGINAL date fi ve state programs that employed affi rmative action principles APPEALS APPEALS APPEALS PROCEEDINGS (Connerly v. State Personnel Board (2001) 92 Cal.App.4th 16), as Statewide 7% 13% 4% 3% 17% well as a municipal utility district’s affi rmative action program for Third District 9% 17% 5% 4% 30%

1905 • California Courts of Appeal Centennial Celebration • 2005 With Justice for All From Many Backgrounds . . . a Single Purpose

n the Third Appellate District’s 100-year history, the district’s citizens have been served by 42 justices (4 of whom went on to serve as associate justices of the California Supreme Court), 11 clerk/administrators, and numerous administration and support staff. IAs the numbers of court staff have changed, so too has the face of the court. The Court of Appeal reﬂ ects the communities it serves, at every level of the court, the justices, the lawyers, and the staff. You can look around and see someone who has a face like yours, someone who is committed to providing “justice for all.” A Reﬂ ection of Its Communities— the People of the Court of Appeal

Abraham Jay Buckles Paul Peek Francis Newell Carr Janice Rogers Brown Congressional Medal of Honor; California State Assembly, 1936–1940 Daughter of migrant farmworkers, Born in rural Alabama, granddaughter lost a leg at Civil War battle California Secretary of State, former nightclub photographer, Liberty of a sharecropper at Hatchin Run, 1865 1940–1943 shipyard worker, and radio announcer Court of Appeal, Third Appellate Court of Appeal, Third Appellate Court of Appeal, Third Appellate Court of Appeal, Third Appellate District, 1994–1996 District, 1905–1907 District, 1943–1961 District, 1980–1992 California Supreme Court, California Supreme Court, 1962–1966 1996–present

Frank K. Richardson Consuelo Maria Callahan Arthur G. Scotland M. Kathleen Butz Court of Appeal, Third Appellate Court of Appeal, Third Appellate Presiding Justice Former AFS exchange student to Brazil District, 1971–1974 District, 1996–2003 Court of Appeal, Third Appellate Court of Appeal, Third Appellate Presiding Justice U.S. Court of Appeals, Ninth Circuit, District, 1989–present District, 2003–present California Supreme Court, 1974–1983 2003–present 2002 Sacramento Bar Association Humanitarian of the Year

Vance W. Raye Tani Gorre Cantil-Sakauye Former Chief of Military Justice (chief Daughter of a Hawaiian sugar-cane prosecutor), Beale Air Force Base worker and deep-sea diver Photography credits: Court of Appeal, Third Appellate Court of Appeal, Third Appellate Court of Appeal, Third Appellate District District, 1991–present District, 2005–present Sirlin Photographers, Sacramento

1905 • California Courts of Appeal Centennial Celebration • 2005