Fall / Winter 2015 Newsletter

Total Page:16

File Type:pdf, Size:1020Kb

Fall / Winter 2015 Newsletter California Supreme Court Historical Society newsletter · f a l l / winter 2015 Honoring JosepH r. grodin A “Far-Reaching and Scholarly Text” The History of the California Supreme Court watched around the world. We see the Court’s pio- Praise for Constitutional Governance and Judicial Power ustneering as California is a rulingsnational leader inon issues such as the status of women, SCHEIBER Jpolitics, economics, technology, and culture, the California Supreme Court is “This far-reaching and scholarly text weaves together many of the key social, cultural, constitutional guarantees regard ing law enforcement, one of the most important state courts in economic, and political themes of the first 150 years of California. It reveals how, during the country. Its doctrinal innovations have each era, the justices and the court evolved, reacted, and contributed to the development and Judicial Power Governance Constitutional the environment, civil rights and desegregation, affir- been cited by other courts—including the of law and society. There is much to learn in each chapter for all who are interested in U.S. Supreme Court—and watched intently history, governance, and the rule of law.” by themative press and the action,public. and tort liability law reform. Here too are Harry N. Scheiber is the Riesenfeld Chair —Tani Cantil-Sakauye, Chief Justice of the State of California Constitutional Professor of Law and History, Emeritus, and Constitutionalthe swings Governance in and the Court’s center of gravity, from periods “This is history with a heartbeat. The tensions and passions that have pervaded the work Chancellor’s Emeritus Professor, at the Uni- Judicial Power tells the story of this im- of the California Supreme Court for 165 years are related in symphonic fashion, by a of staunch conservatism to others of vigorous reform. versity of California, Berkeley, School of Law. Governance and portant institution, from its founding at the cadre of astute and insightful scholars. Lawyers and historians are truly blessed to have He also is director of the School’s Institute dawn of statehood to the modern-day era an authoritative reference for the historic strands of jurisprudence and personality that for Legal Research and previously served as of complexAnd rulings here on issues issuch theas tech- detailed history of an extraordinary continue to influence the course of justice in California.” president of the American Society for Legal nology, privacy, and immigrant rights. This History. He is author or editor of 14 books, politi cal controversy that centered on the death penalty —Gerald F. Uelmen, Professor of Law, Santa Clara University School of Law, and Judicial Power: comprehensive history includes giants of is a fellow of the American Academy of Arts co-author of Justice Stanley Mosk: A Life at the Center of California Politics and Justice the law, from Stephen J. Field, who became and Sciences, and has twice held Guggen- chiefand justice when the his predecessorrole of fled theChief Justice Rose Bird—a controversy heim Fellowships. “This masterful history of the California Supreme Court presents an epic narrative of The History of the state after killing a U.S. senator in a duel, to Ronaldthat George, led who voters guided the Courtto end Bird’s tenure on the bench. Contributing Authors one of the most important state supreme courts in the nation. Skillfully integrating jur- isprudential scholarship with social, economic, cultural, and political issues, this history California Supreme Court through same-sex marriage rulings watched Charles J. McClain, UC Berkeley around the world. We see the Court’s pio- Gordon M. Bakken, CSU Fullerton serves the even more comprehensive narrative of how California assembled itself through California has led the way in so many varied aspects law.” neering rulings on issues such as the status Lucy Salyer, University of New Hampshire of women,of American constitutional guarantees life, regard including- the law. Constitutional Gov- Harry N. Scheiber, UC Berkeley —Kevin Starr, University of Southern California ing law enforcement, the environment, civil Bob Egelko, The San Francisco Chronicle rightsernance and desegregation, and affirmative Judicial action, Power gathers together the many Molly Selvin, Stanford University “Comprehensive, thorough, and at times riveting, Constitutional Governance and Judicial and tort liability law reform. Here too are Power is essential to understanding the legal history of the nation’s largest state. In the the swings in the Court’s center of gravity, capable hands of editor Harry N. Scheiber, these essays trace the court from its humble fromstrands periods of staunch of conservatism legal tohistory that make up the amazing story beginnings in a San Francisco hotel through pivotal debates over slavery, water, divorce, others of vigorous reform. And here is the racial discrimination, immigration, the death penalty, and gay marriage. Through their detailedof history the of Californiaan extraordinary politi -Supreme Court. skillful interweaving of legal and political history, we see the colorful and singular nature cal controversy that centered on the death of California, whose great struggles often have been shaped, for better and for worse, by penalty and the role of Chief Justice Rose its Supreme Court.” Bird—aAbout controversy that ledthe voters to endEditor —Jim Newton, author of Justice for All: Earl Warren and the Nation He Made Bird’s tenure on the bench. California has led the way in so many varied Praise for Constitutional Governance and Judicial Power ust as California is a national leader in aspects of American life, including the law.Harry N. Scheiber is Chancellor’s Constitutional Governance and Judicial Power SCHEIBER politics, economics, technology, and gathers together the many strands of legalProfessor & Stefan A. Riesenfeld Pro- J history that make up the amazing story of Cover Design: Maria Wolf culture, the California Supreme Court is the California Supreme Court. fessor of Law and History, Emeritus, at Photo Credit: “The Commonwealth,” by Arthur “This far-reaching and scholarly text weaves together many of the key social, cultural, Mathews, The Santa Barbara Museum of Art, one of the most important state courts in Gift of Harold Wagner. Harry N. Scheiber, Editor the University of California, Berkeley, economic, and political themes of the first 150 years of California. It reveals how, during BP the country. Its doctrinal innovations have School of Law. He also is director of the each era, the justices and the court evolved, reacted, and contributed to the development and Judicial Power Governance Constitutional been cited by other courts—including the School’s Institute for Legal Research of law and society. There is much to learn in each chapter for all who are interested in U.S. Supreme Court—and watched intently and served previously as president of the American history, governance, and the rule of law.” Cover Design: Maria Wolf. Society for Legal History. He is the author or editor of 14 by the press and the public. Image Credit: “The Commonwealth,” by Arthur Harry N. Scheiber is the Riesenfeld Chair —Tani Cantil-Sakauye, Chief Justice of the State of California Constitutional books, is a fellow of the American Academy of Arts and Mathews, The Santa Barbara Museum of Art, Gift of Harold Wagner. ProfessorSciences, of andLaw hasand twice History, held Emeritus, Guggenheim and Fellowships. Constitutional Governance and “This is history with a heartbeat. The tensions and passions that have pervaded the work Chancellor’sMost recently, Emeritus in Professor, November at the2015, Uni he- received the Judicial Power tells the story of this im- of the California Supreme Court for 165 years are related in symphonic fashion, by a versity2015 of Berkeley California, Faculty Berkeley, Service School Award of Law. of the Berkeley Governance and portant institution, from its founding at the cadre of astute and insightful scholars. Lawyers and historians are truly blessed to have new book, sponsored by the California HeDivision also is director of the ofAcademic the School’s Senate Institute (given to two pro- dawn of statehood to the modern-day era an authoritative reference for the historic strands of jurisprudence and personality that Supreme Court Historical Society, is devoted forfessors Legal Researcheach year and among previously the served1,700 asfulltime faculty of complex rulings on issues such as tech- continue to influence the course of justice in California.” A to the remarkable history of the California presidentmembers) of thein Americanrecognition Society of an for“extraordinary Legal record nology, privacy, and immigrant rights. This History. He is author or editor of 14 books, Supreme Court. of distinguished service” during his 35-year career at —Gerald F. Uelmen, Professor of Law, Santa Clara University School of Law, and Judicial Power: comprehensive history includes giants of is a fellow of the American Academy of Arts Just as California is a national leader in politics, Berkeley, including “his many leadership roles at the co-author of Justice Stanley Mosk: A Life at the Center of California Politics and Justice the law, from Stephen J. Field, who became economics, technology, and culture, the California andSchool Sciences, of Law, and hishas contributionstwice held Guggen as member- and chair chief justice when his predecessor fled the heimof numerousFellowships. Academic Senate and system-wide com- Supreme Court is one of the most
Recommended publications
  • The California Recall History Is a Chronological Listing of Every
    Complete List of Recall Attempts This is a chronological listing of every attempted recall of an elected state official in California. For the purposes of this history, a recall attempt is defined as a Notice of Intention to recall an official that is filed with the Secretary of State’s Office. 1913 Senator Marshall Black, 28th Senate District (Santa Clara County) Qualified for the ballot, recall succeeded Vote percentages not available Herbert C. Jones elected successor Senator Edwin E. Grant, 19th Senate District (San Francisco County) Failed to qualify for the ballot 1914 Senator Edwin E. Grant, 19th Senate District (San Francisco County) Qualified for the ballot, recall succeeded Vote percentages not available Edwin I. Wolfe elected successor Senator James C. Owens, 9th Senate District (Marin and Contra Costa counties) Qualified for the ballot, officer retained 1916 Assemblyman Frank Finley Merriam Failed to qualify for the ballot 1939 Governor Culbert L. Olson Failed to qualify for the ballot Governor Culbert L. Olson Filed by Olson Recall Committee Failed to qualify for the ballot Governor Culbert L. Olson Filed by Citizens Olson Recall Committee Failed to qualify for the ballot 1940 Governor Culbert L. Olson Filed by Olson Recall Committee Failed to qualify for the ballot Governor Culbert L. Olson Filed by Olson Recall Committee Failed to qualify for the ballot 1960 Governor Edmund G. Brown Filed by Roderick J. Wilson Failed to qualify for the ballot 1 Complete List of Recall Attempts 1965 Assemblyman William F. Stanton, 25th Assembly District (Santa Clara County) Filed by Jerome J. Ducote Failed to qualify for the ballot Assemblyman John Burton, 20th Assembly District (San Francisco County) Filed by John Carney Failed to qualify for the ballot Assemblyman Willie L.
    [Show full text]
  • Governor Jerry Brown 2.0: Judicial Appointments, Now New and Improved
    Governor Jerry Brown 2.0: Judicial Appointments, Now New And Improved In this article we evaluate two points held by today’s conventional wisdom. One posits that Jerry Brown has, in his second stint as governor, been slow to fill judicial vacancies, and that there is an unusually high number of open judicial seats. The other is a suspicion that the judicial appointments by Governor Brown version 2.0 will be in the style of Governor Brown version 1.0. Our evaluation is that both theories are empirically less than true. (Recognizing that the first Governor Brown was Jerry Brown’s father Pat Brown, for convenience we will ignore that fact.) To the first point about vacancies, the available data does support several conclusions. The number of empty Superior Court seats in California began to increase significantly, coinciding with the beginning of the second Brown administration in January 2011. Presently, the average number of Superior Court vacancies since January 2011 is 63.5—compared with seven such vacancies in January 2011, the month the second Brown administration began. After an initial spike, the number of Superior Court vacancies has remained consistent over the course of Brown’s administration. But the available data does not strongly support the conclusion that the average number of vacancies is unusually high. Nor does it conclusively establish that the present Brown administration is slower or faster than other governors in filling vacancies. To the second point about appointee characteristics, there is no question that the justices appointed to the California Supreme Court during the first Brown administration were novel and in some cases controversial.
    [Show full text]
  • CALIFORNIA STATE UNIVERSITY, NORTHRIDGE Jerry's Judges And
    CALIFORNIA STATE UNIVERSITY, NORTHRIDGE Jerry's Judges and the Politics of the Death Penalty: The Judicial Election of 1986 A thesis submitted in partial fulfillment of the requirements For the degree of Master of Arts In History By Joseph Makhluf May 2011 The thesis of Joseph Makhlufis approved: Thomas Maddux, PhD. Date Andrea Henderson, PhD. Date Josh Sides, PhD., Chair Date California State University, Northridge 11 Table of Contents Signature Page 11 Abstract IV Introduction 1 Chapter 1: The California Supreme Court, 1978-1982 5 Chapter 2: The 1978 Gubernatorial Election 10 Chapter 3: TheNew Right Attack on the Courts 14 Chapter 4: The Death Penalty in the United States 20 Chapter 5 The 1982 Gubernatorial Election 22 Chapter 6: The Death Penalty Cases 34 Chapter 7: The Rose Bird Court and the Death Penalty 36 Chapter 8: The Judicial Election of 1986 40 Chapter 9: The Business Cases 58 Chapter 10: ANew California 63 Chapter 11 : The Verdict 71 Bibliography 73 lll Abstract Jerry's Judges and the Politics of the Death Penalty: The Judicial Election of 1986 By Joseph Makhluf Master of Arts in History On February 12, 1977, California Governor Jerry Brown nominated Rose Elizabeth Bird as chief justice ofthe California Supreme Court, making her the first female member of the court. Throughout her tenure on the Court, Bird faced criticism over her stance on important economic and social issues facing the state such as Proposition 13 and the death penalty. Throughout the 1970s and 1980s numerous California politicians campaigned on law-and-order and anti-tax issues, and accusations of pro-defendant and anti-Proposition 13 rulings became the latest and most popular criticism of the Court by those such as Howard Jarvis and Attorney General George Deukmejian who would work hard to remove her and her liberal colleagues from the California Supreme Court.
    [Show full text]
  • Oral History Interview with Frank C. Newman
    California State Archives State Government Oral History Program Oral History Interview with FRANK C. NEWMAN Professor of Law, University of California, Berkeley, 1946-present Justice, California Supreme Court, 1977--1983 January 24, Februrary 7, March 30, November 28, 1989; April 16, May 7, June 10, June 18, June 24, July 11, 1991 Berkeley, California By Carole Hicke Regional Oral History Office University of California, Berkeley RESTRICTIONS ON THIS INTERVIEW None. LITERARY RIGHTS AND QUOTATIONS This manuscript is hereby made available for research purposes only. No part of the manuscript may be quoted for publication without the written permission of the California State Archivist or Regional Oral History Office, University of California at Berkeley. Requests for permission to quote for publication should be addressed to: California State Archives 201 N. Sunrise Avenue Roseville, California 95661 or Regional Oral History Office 486 Library University of California Berkeley, California 94720 The request should include information of the specific passages and identification of the user. It is recommended that this oral history be cited as follows: Frank C. Newman, Oral History Interview, Conducted 1989 and 1991 by Carole Hicke, Regional Oral History Office, University of California at Berkeley, for the California State Archives State Government Oral History Program. California State Archives (916) 773-3000 Office of the Secretary of State 201 No. Sunrise Avenue (FAX) 773-8249 March Fong Eu Sacramento, California 95661 PREFACE On September 25, 1985, Governor George Deukmejian signed into law A.B. 2104 (Chapter 965 of the Statutes of 1985). This legislation established, under the administration of the California State Archives, a State Government Oral History Program "to provide through the use of oral history a continuing documentation of state policy development as reflected in California's legislative and executive history." The following interview is one of a series of oral histories undertaken for inclusion in the state program.
    [Show full text]
  • The California Supreme Court and the Popular Will
    37526 chp_19-1 Sheet No. 82 Side A 03/15/2016 15:53:04 Do Not Delete 2/14/2016 10:50 AM The California Supreme Court and the Popular Will Kenneth P. Miller* INTRODUCTION Over the past half century, California has been a battleground for conflicts over the nature, scope, and limits of rights. While Americans have always clashed over rights, the modern rights revolution has expanded the conflict throughout the country, and nowhere more than in California. These struggles have been hard fought, because rights have power. Once an interest is converted into a right, it can trump competing interests that lack the status of right. The ability to recognize, create, or limit rights is consequential, indeed.1 California’s prominence in these conflicts can be traced to several factors. First, the state has deep ideological divides. California is home to progressive social movements that have sought to establish new rights in areas including abortion, capital punishment, criminal procedure, school funding, gay rights, aid-in-dying, and more—and home, as well, to highly motivated conservative groups that have resisted many of these changes. Second, California exists within a federal system that allows states to innovate in the area of rights. State constitutional rights operate semi-independently of the U.S. Constitution—that is, states may define state constitutional 37526 chp_19-1 Sheet No. 82 Side A 03/15/2016 15:53:04 rights more expansively than the Federal Constitution requires. An assertive state supreme court, through state constitutional interpretation, can establish new rights. The California Supreme Court, more than any other state court, has expanded state constitutional rights beyond federal minimums.2 Third, citizens of California have extraordinary power to counter their state supreme court, through state constitutional amendment or * Associate Professor of Government, Claremont McKenna College.
    [Show full text]
  • The Judge Robert H. Schnacke Scholarships
    UC Hastings Scholarship Repository Hastings Alumni Publications 1-1-1995 Hastings Community (Fall/Winter 1995) Hastings College of the Law Alumni Association Follow this and additional works at: http://repository.uchastings.edu/alumni_mag Recommended Citation Hastings College of the Law Alumni Association, "Hastings Community (Fall/Winter 1995)" (1995). Hastings Alumni Publications. 90. http://repository.uchastings.edu/alumni_mag/90 This is brought to you for free and open access by UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Alumni Publications by an authorized administrator of UC Hastings Scholarship Repository. ")0,.\, ..... "" L., ""If",,,.. ,, ""( ',~, .. , /.,,,"' ..... t\o.UI.-u.. .. R.,. ......... }"'''''fI".~ llC:H·"-ft0tI.~tfl_l.t. _-:.fr;~ .,(~ HASTINGS 1 - 14 LETTER TO ALUMN I 9 Do You HAVE A JOB . Dean Mary Kay Kane reports the IT ALL BEGAN WITH That would be appropriate for a College 's progress for the year . MILDRED W. LEVIN- Hastings student or graduate? THREE GENERATIONS AT HASTINGS A visit with the Levin/Gyemant famil y, who share bo th their profession and 3 their alma mater. RALPH SANTIAGO ABASCAL - 15 - RECEIVES THE ANNUAL REPORT OF GIFTS THURGOOD MARSHALL AWARD Contributions to Hastings' Annual - 11 Campaign increased by nearly 25 % this Alum fro m the Class of '68 receives national recog­ past year . The "Honor Roll of Donors" COMMENCEMENT '95 PHOTO ALBUM nition for his long-term achievement in in this annual report recogni zes the areas of civil rights , civil liberties , Share the joys of Commencement those generous gifts . and human rights. with special photos 5 - 13 - - 33 A NEW HONOR FOR HASTINGS FACULTY NOTES CLASS NOTES STUDENTS: THE JUDGE An update on facult y activities.
    [Show full text]
  • California Supreme Court Conference, Santa Clara, California, October 10, 1987 Gerald F
    Santa Clara Law Santa Clara Law Digital Commons Faculty Publications Faculty Scholarship 1-1-1988 California Supreme Court Conference, Santa Clara, California, October 10, 1987 Gerald F. Uelmen Santa Clara University School of Law, [email protected] Follow this and additional works at: http://digitalcommons.law.scu.edu/facpubs Recommended Citation 28 Santa Clara L. Rev. 333 This Article is brought to you for free and open access by the Faculty Scholarship at Santa Clara Law Digital Commons. It has been accepted for inclusion in Faculty Publications by an authorized administrator of Santa Clara Law Digital Commons. For more information, please contact [email protected]. CALIFORNIA SUPREME COURT CONFERENCE, SANTA CLARA, CALIFORNIA, OCTOBER 10, 1987 III. CALIFORNIA JUDICIAL RETENTION ELECTIONS A. Essay - Supreme Court Retention Elections in California Gerald F. Uelmen* I. INTRODUCTION Judicial accountability and judicial independence stand at oppo- site poles. Those professing devotion to either end of the spectrum have been engaged in a debate for at least two centuries. The debate did not begin in California, and it certainly will not end in Califor- nia, although the state has historically been a harbinger of national change. Most often, the debate temporarily suspends with a compro- mise. Retention elections were intended to strike such a compromise. Those advocating absolute independence were persuaded that reten- tion elections would achieve life tenure for most judges, since re- moval would be the rare exception rather than the rule. Those advo- cating absolute democracy were convinced that retention elections would provide a safety valve whose mere existence would remind judges that they were accountable to the people.
    [Show full text]
  • Reforming Policing Through Labor Relations Reform Berkeley Law Webinar, January 29, 2021 Speaker Biographies
    Reforming Policing Through Labor Relations Reform Berkeley Law Webinar, January 29, 2021 Speaker Biographies: Will Atchison Mr. Aitchison is the founder and executive director of LRIS. He is a Portland, Oregon attorney who has, over the course of his career, represented over 100 law enforcement and firefighter labor organizations in five western states. He is a veteran of hundreds of public sector labor negotiations. He received his Doctor of Jurisprudence from Georgetown University Law Center in Washington, D.C. and is the author of several books on public sector labor matters, including The Rights of Law Enforcement Officers (7th Edition) and The Rights of Firefighters (4th Edition). Jeanne Charles Jeanne Charles resides in Florida with a multi-state ADR practice in the Fort Lauderdale and Chicago areas involving workplace disputes. She earned her Juris Doctorate (J.D.) degree from DePaul University College of Law in Chicago. She serves as a labor arbitrator on various private and public sector panels which include education, public safety, transportation and professional sports. In addition to serving on the Board of Governors of the National Academy of Arbitrators, she is chair of the NAA Videoconference Task Force and a member of the Academy's Executive Committee. Jeanne also is on the faculty of the Pennsylvania State University's School of Labor and Employment Relations. Prior to becoming an arbitrator, Jeanne practiced as staff counsel for a federal sector labor union in Chicago and in private practice. Erwin Chemerinsky Erwin Chemerinsky became the 13th Dean of Berkeley Law on July 1, 2017, when he joined the faculty as the Jesse H.
    [Show full text]
  • Honoring Joseph R. Grodin
    Spe Cial SeCtion Honor ing JoSepH r . grodin 2 c a lifornia l e g a l H i S t o ry ✯ Volume 10, 2015 t a Ble of ContentS The Honoree Speaks Joseph R. Grodin �� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 3 A Tribute to Justice Joe Grodin Kathryn M. Werdegar � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 8 A “Founding Father” of the Doctrine of Independent State Constitutional Grounds Ronald M. George � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 13 Tribute to a Colleague Cruz Reynoso � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 18 Hercules in a Populist Age Hans A. Linde � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 20 The Roads Taken and Thoughts about Joe Grodin Arthur Gilbert � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 28 On My Teacher, Joe Grodin Nell Jessup Newton � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 34 Joseph Grodin’s Contributions to Public Sector Collective Bargaining Law Alvin L. Goldman � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 37 Open-Minded Justice Beth Jay � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 49 Walking with Grodin Jake Dear � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
    [Show full text]
  • The Case of Rose Bird
    University of Nebraska - Lincoln DigitalCommons@University of Nebraska - Lincoln University of Nebraska Press -- Sample Books and University of Nebraska Press Chapters 2016 The aC se of Rose Bird Kathleen A. Cairns Follow this and additional works at: http://digitalcommons.unl.edu/unpresssamples Cairns, Kathleen A., "The asC e of Rose Bird" (2016). University of Nebraska Press -- Sample Books and Chapters. 332. http://digitalcommons.unl.edu/unpresssamples/332 This Article is brought to you for free and open access by the University of Nebraska Press at DigitalCommons@University of Nebraska - Lincoln. It has been accepted for inclusion in University of Nebraska Press -- Sample Books and Chapters by an authorized administrator of DigitalCommons@University of Nebraska - Lincoln. Buy the Book Buy the Book THE CASE OF ROSE BIRD Gender, Politics, and the California Courts kathleen a. cairns University of Nebraska Press lincoln and london Buy the Book © 2016 by the Board of Regents of the University of Nebraska All rights reserved Manufactured in the United States of America Library of Congress Cataloging- in- Publication Data Names: Cairns, Kathleen A., 1946– author. Title: The case of Rose Bird: gender, politics, and the California courts / Kathleen A. Cairns. Description: Lincoln, Nebraska: Bison Books, 2016. | Includes bibliographical references and index. Identifiers: lccn 2016024936 isbn 9780803255753 (hardback: alk. paper) isbn 9780803295421 (epub) isbn 9780803295438 (mobi) isbn 9780803295445 (pdf) Subjects: lcsh: Bird, Rose Elizabeth | California. Supreme Court. | Judges— California— Biography. | Political questions and judicial power— California. | bisac: biography & autobiography / Women. | biography & autobiography / Lawyers & Judges. | history / United States / State & Local / West (ak, ca, co, hi, id, mt, nv, ut, wy).
    [Show full text]
  • 2017 Judicial Selection in California
    ST ANFORD Judicial Selection in California Reece Trevor Alexa Graumlich, Elena Mercado, Juan Pablo Perez- Sangimino, Christen Phillips Lucy Ricca, Jason Solomon 2017 559 Nathan Abbot Way Stanford, CA 94305 law.stanford.edu/stanford-center-on-the-legal-profession Executive Summary Systems for selecting state judges vary dramatically across the United States, comprising a complex range of elective and appointive mechanisms. Each of these systems has its advantages and disadvantages for important judicial values. For instance, popularly-elected judges may be more accountable to their state’s electorate, but that same accountability might cause them to impose harsh sentences on criminal defendants or otherwise disfavor unpopular litigants—especially as election season approaches. 1 By examining how different state systems serve or disserve these values, it may be possible to distill broader recommendations to create a fairer and better judiciary. This report, part of a broader investigation into judicial selection by the Brennan Center for Justice at New York University, surveys California’s method for selecting judges. California uses a unique hybrid system, combining elements of both the elective and appointive selection models. While California citizens do have the power to elect trial court judges in specific circumstances, the governor appoints the vast majority of judges at the superior (trial), intermediate appellate, and Supreme Court levels. Focusing on California therefore makes sense: if this hybrid works well for California, it might offer the best of both worlds to other states. The report draws on public documents, state archives, and interviews with stakeholders throughout the California judicial community to assess the selection system’s performance in five key areas: quality, independence, accountability and legitimacy, public confidence, and diversity.
    [Show full text]
  • The Assignment of Temporary Justices in the California Supreme Court Stephen R
    Masthead Logo McGeorge Law Review Volume 17 | Issue 4 Article 3 1-1-1986 The Assignment of Temporary Justices in the California Supreme Court Stephen R. Barnett University of California, Berkeley Daniel L. Rubinfeld University of California, Berkeley Follow this and additional works at: https://scholarlycommons.pacific.edu/mlr Part of the Law Commons Recommended Citation Stephen R. Barnett & aD niel L. Rubinfeld, The Assignment of Temporary Justices in the California Supreme Court, 17 Pac. L. J. 1045 (1986). Available at: https://scholarlycommons.pacific.edu/mlr/vol17/iss4/3 This Article is brought to you for free and open access by the Journals and Law Reviews at Scholarly Commons. It has been accepted for inclusion in McGeorge Law Review by an authorized editor of Scholarly Commons. For more information, please contact [email protected]. Articles The Assignment of Temporary Justices in the California Supreme Court STEPHEN R. BARNETT* DANIEL L. RUBINFELD** INTRODUCTION The California Supreme Court often lacks a full complement of seven justices to hear a case. In these situations, caused by disqualifica- tion, absence, or an unfilled seat on the court, the California Con- stitution empowers the state's chief justice to fill the temporary vacancy.' * Professor of Law, University of California, Berkeley. ** Professor of Law, Professor of Economics, University of California, Berkeley. We are grateful to the battalion of students who provided research assistance on various parts of this study. Elizabeth Laderman and Jeffrey Church were indispensable in programming and retrieving the data, while Gilles Assant, Jennifer Coughlin, Pamela Johnston, Michael Sobel, Deepika Udagama, and Megan Wagner helped greatly in collecting the data and performing numerous research tasks.
    [Show full text]