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Oral History of Justice Mildred L. Lillie

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Oral History of Justice Mildred L. Lillie ORAL HISTORY OF JUSTICE MILDRED L. LILLIE This oral history was conducted in 1990 by Mary Louise Blackstone on behalf of the Committee on the History of Law in California of the California State Bar. This committee is no longer in existence. In 1991, the interviewer gave a copy of the transcript and tapes to The Bancroft Library. Other copies were given to other libraries in California. The Bancroft Library sent the transcript and tapes to the Regional Oral History Office. I sent a copy to Justice Lillie and asked her to review it, which she did, making a few minor corrections. The oral history covers her childhood and education; college and law school; U.S. Attorney's Ofice, Los Angeles; her husband, Cameron Lillie; her tenures on municipal court, superior court, and state court of appeal; women in the legal profession. Carole Hicke Regional Oral History Ofice The Bancroft Library University of California at Berkeley, California December 5, 1997 Donated Oral Histories Collection The Bancroft Library Regional Oral History Office University of California, Berkeley General Topic of Interview LcCHl (1;~~br~- CaPerr ;I\ JLW II~J.or\ +A% b~nck Data hleu ZoR4* T~ce,21, /y'oplaie 10, Anycles, Ca~l'?orh:L Length 1 Narrator bterviewer b;/drL.~L, L,.//r'e Name h o .Rlacksbmc Address C,I;+, Cou r+ df4p,~ca/ Address G'I;c.cur rf APoJ 300 gpr/nqS~t~afinplJ~,Cd 300 S,ir,fi,.ST SP:~liJMpJCs, cd Pow Interviewer's relationship to narrator Occasion of interview SF~CBOYMi~io~~Gfl~;FCC Length of acquaintance e l Birthplace TJOL6 ~ooe~low Q Birthdate //W/15 Narrator occupation(s) ha,tw v.s.aflorns I Brief summary of interview (major subjects covered) : C- Ckl Interview Data Subjects covered, in approximate order, spelling out names of persons and places mentioned Estimated Time on Ta~e Contents , A.B. Degree, Universi of California, Berkeley, 1935 J.D. Degree, Boalt Hal7 of Law, University of California, Berkeley, 1938 Admitted to State Bar of California, September 1938 Admitted to Federal Court, May 1942 Admitted to United States Su reme Court, January 1961 Married, Cameron L. Lillie (P947-1959), D. 1959; A.V. Facolne (1966- 1996), D. 1996 Professional Background: Presiding Justice, Court of Ap eal, Division Seven, Second Appellate.District 8984- ) Judicial Council, State of California (member 1941-1963; 1987-1989) Administrative Presiding Justice, Second Appellate District (1988- 1989, 199 1- 1996) Associate Justice Pro. Tem.. Supreme Court of California (1 960- Associate Justice, Court of kpieal, Division One, Second kppellat6 District (1958- 1984) Judge, Superior Court, County of Los Angeles (1949- 1958) Judge, Municipal Court, City of Los Angeles (April 1947- 1949) Private Practice, Los Angeles (1946- 1947) Assistant United States Attorney, United States Department of Justice, United States Attorney, Southern District of California (1942-1946) Private Practice, Fresno, California (1939- 1942) City Attorney's Office, Alameda, California (1 938- 1939) Professional Affiliations: Los Angeles County Bar Association American Bar Association Federal Bar Association California Judges Association Women Lawyers Association of Los Angeles National Association of Women Judges L.A. A!uwini Cha ter, Phi Alphz Delta LwFraterfiity Member, Peppercr ine University School of Law Board of Visitors Member, Pepperdine University Associates, Pepperdine University Member, Board of Trustees for the Boalt Hall Fund, University of California, Berkeley Member, Boalt Hall Alumni Association Women's Professional and Other Clubs: Soroptimist International of Los Angeles Lawyers Wives of Los Angeles Ebell Club Les Dames of Los Angeles Biography - Hon. Mildred L. Lillie Page Two C'viI c a nd Charitable Organizations: Los Angeles Area Chamber of Commerce (Member,.Board of Directors, 1975-1983) Member, Board of Directors, National Conference of Christians and Jews (Co-Chairman, 1983- 1985) L.A. Orphanage Guild Ladies of Charity Town Hall of California The Muses (California Museum of Science and Industry) L.A. Coun Museum of Art Foreign Af7 airs Council Awards and Commendations: Amon~others: Honorary LL.D. Degree, Pepperdine University, 1981 Honorary LL.D. Degree, Western State University College of Law, 1966 Who's Who of American Women Who's Who of the West Who's Who in California Times Woman of the Year (1952) Mademoiselle Merit Award (1 947) National Advisory Council on Education of Disadvantaged Children (a pointed in 1967 by Presidence Lyndon Johnson) Ernestine Stah f' hut Law Award (1969) Volunteer Activist Award (1 976) The Mcses (M-~seumof Science ~ndIndustry) Wema of the Year Award (1980) Metropolitan News Ente rise, Person of the Year (198 1) Cardinal McIntyre Awar3' ,Catholic Press Club (198 1) Citation Award, Boalt Hall Alumni Association, University of California Law School (1985) Ap ellate Justice of the Year Award, Los Angeles Trial eawyers Association (1986) National Conference of Christians & Jews Humanitarian Award (1 991) Cardinal's Award (1994) President's Award, California Judges' Association (1996) Justice Mildred L. Lillie An Oral History Interview conducted November 20, 1989, and July 26, 1990 by Mary Louise Blackstone for the Committee on the History of the California State Bar TABLE OF CONTENTS - Hon. Mildred L. Lillie [Tape 1, Side A] Lillie's husband--parents and grandparents--childhood in Oakdale, California-- education at U. of California, Berkeley [Tape 1, Side B] College courses--law school, Boalt Hall--classmates--job hunting as a woman, 1937 and 1938--Alameda City Attorney's office--work with James Royle in Fresno [Tape 2, Side A] Cases and trials--dairymen's associations--Mansel Gallaher--Charles Hill--US Attorney General's Office, Los Angeles--Indian murder case-Selective Service cases--Cameron Lillie [Tape 2, Side B] Cameron Lillie continued--Charlie Chaplin case--Charles Carr--appointment to municipal court, 1947--holding court in Lincoln Heights jail Tape 3, Side A] Appointment to superior court--Domestic Relations Court--Pia Lindstrom custody case- -criminal department--civil department--Ewing Scott case [Tape 3, Side B] Other judges--appointment to court of appeal, 1958--history of the court of appeal-- other justices--professional and community activities--appointment as presiding judge of Division Seven, 1982 [Tape 4, Side A] A.V. Falcone--work as presiding judge--history of women in the legal profession-- Women Lawyers Club of Los Angeles [Tape 4, Side B] Changes in judicial process [Tape 5, Side A] Overview: election process; publishing opinions--Jones v. Calder--&g~Ev. [TAPE ONE, SIDE A] . My immediate family consists of my husband, A. V. Falcone, who is a lawyer. We were married in 1966. My husband has two adult children who have families of their own; I have no children. My husband is a fine lawyer. He is by far the best lawyer I know. Prior to our marriage, he appeared before me on numerous occasions when I was on the municipal and superior courts, so I know his ability. I also know his knowledge, experience, intellect and dedication to the law and to justice. He is one of the few lawyers who, in his case& is adequately prepared on the facts and on the law. There is no question you could ever ask him about his case to which he would not know the answer. He has a running knowledge of civil and criminal law, which is due primarily to his phenomenal memory, the fact that he reads constantly, his long experience and his active practice. He presently [November 20, 19891 is involved in filing a petition for certiorari in the United States Supreme Court. He is very tenacious and fights for the rights of his client. He is also a person who projects well and speaks well. He participated in a great many landmark cases. One case involved a boundary dispute, Daluiso v. Boone, and the California Supreme Court established that there was no self-help in California. He represented a man who had been approached by four men on horseback who had shotguns at their,sides. They claimed his fence went over the boundary line; and when the client refused to move it, they tore down the fence. My husband sued on his behalf and prevailed. Another case was Los Anaeles v. Frew wherein, through the Supreme Court, he established that an owner of property had a right to testify to the value of that property. Aetna v. West, was a case wherein an employee had quit his job and the customers followed the employee; the plaintiff ran a janitorial service. My husband was able to establish for his client, the employee, that as long as it's fair, the employee can accept former customers of the employer -- that is, if it's done fairly and the employee doesn't go out and solicit. He established the doctrine that it is unfair competition that is illegal, not fair competition. And there are a variety of others. I am very proud of him. I like to talk to him about the law, but we have an agreement: he doesn't tell me anything about his cases and I don't tell him anything about mine. So unless it's a general rule of law or issue or a publicized matter, we do not discuss the law. I remember one time he was in superior court and between the time the court took his case under submission and he returned for the court's decision, I had filed an opinion that was not in his favor. The attorney on the other side could hardly wait to advise the court, "Your Honor, his wife just wrote .an opinion . " and when I got home, I heard about that. He didn't lose the case, however, because he was able, after a short recess, to distinguish his case. He is a well adjusted person who is very, very supportive of me.
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