University of California Berkeley Regional Oral Office History University of California The Bancroft Library Berkeley, California Northern California U.S. District Court Oral History Series Spencer M. Williams LAW, POLITICS, AND THE JUDICIARY: THE HONORABLE SPENCER M. WILLIAMS With an Introduction by James M. Wagstaffe Interviews Conducted by Carole Hicke in 1992, 1998, 2000, and 2001 Copyright 2002 by The Regents of the University of California in or Since 1 954 the Regional Oral History Office has been interviewing leading participants well-placed witnesses to major events in the development of Northern California, the West, and the Nation. Oral a history is a method of collecting historical information through tape-recorded interviews between narrator with firsthand knowledge ofhistorically significant events and a well-informed interviewer, with the goal of preserving substantive additions to the historical record. The tape recording is transcribed, corrected is lightly edited for continuity and clarity, and reviewed by the interviewee. The manuscript indexed, bound with photographs and illustrative materials, and placed in The Bancroft Library at the University of California, Berkeley, and in other research collections for scholarly use. Because it is primary material, oral history is not intended to present the final, verified, or complete narrative of events. It is a spoken account, offered by the interviewee in response to questioning, and as such it is reflective, partisan, deeply involved, and irreplaceable. ************************************ All uses of this manuscript are covered by a legal agreement between The Regents of the University of California and Spencer M. Williams dated May 1 1, 2001 . The manuscript is thereby made available for research purposes. All literary rights in the manuscript, including the right to publish, are reserved to The Bancroft Library of the University of California, Berkeley. No part of the manuscript may be quoted for publication without the written permission of the Director of The Bancroft Library of the University of California, Berkeley. Requests for permission to quote for publication should be addressed to the Regional Oral History Office, 486 Library, University of California, Berkeley 94720, and should include identification of the specific passages to be quoted, anticipated use of the passages, and identification of the user. The legal agreement with Spencer M. Williams requires that he be notified of the request and allowed thirty days in which to respond. It is recommended that this oral history be cited as follows: Spencer M. Williams, "Law, Politics, and the Judiciary: The Honorable Spencer M. Williams," an oral history conducted in 1992, 1998, 2000, and 2001 by Carole Hicke, Regional Oral History Office, The Bancroft Library, University of California, Berkeley, 2002. Copy no. Spencer and Kay Williams, Athabasca Glaciar, Canadian Rockies, 2000. Cataloging information: WILLIAMS, Spencer M. (b. 1 922) Federal judge Law, Politics, and the Judiciary: The Honorable Spencer M. Williams, viii, 277 pp., 2002 Naval service in Pacific in WWII; County Counsel office, Santa Clara County; Secretary of Human Relations Agency under Governor Ronald Reagan; law practice in San Jose and Sacramento; significant cases: William Inglis, draft dodging cases, asbestos cases, Dalkon Shield, ARCO, Berkeley bomber, L.A. Raiders; trial law practice; court administration and techniques; formation and goals of Federal Judges Association. Interviewed in 1992, 1998, 2000, and 2001 by Carole Hicke, Regional Oral History Office, The Bancroft Library, University of California, Berkeley. ACKNOWLEDGMENTS The Bancroft Library, on behalf of future researchers, wishes to thank the following persons and organizations whose contributions made possible this oral history of Spencer M. Williams. Federal Judges Association United States District Court for the Northern District of California Historical Society TABLE OF CONTENTS-Spencer M. Williams PREFACE i SERIES LIST iii INTRODUCTION iv INTERVIEW HISTORY vi BIOGRAPHICAL INFORMATION viii I BACKGROUND 1 Family History 1 Childhood and Education 2 Move to California; UCLA Naval Service in World War II 9 Marriage, 1943 10 Shipboard Duty 12 The Chicago 14 H LAW SCHOOL AND EARLY LAW PRACTICE 1 6 Hastings College of the Law 16 BoaltHall 16 Starting Private Practice 1 7 m COUNTY COUNSEL S OFFICE, 1949-67 19 Deputy County Counsel 1 9 Korean War Service, 1950-52 19 Run for State Assembly, 1954 22 Promotion to County Counsel 25 Campaigning for California Attorney General, 1966 and 1970 27 Experience With National Organizations 32 Responsibilities as County Counsel 33 IV JUDGE, FEDERAL DISTRICT COURT Law Practice in Sacramento and San Jose 37 Appointment to the Bench, 1971 38 Early Days as Judge 42 William Inglis Case 45 Judicial Techniques 45 Lawyers and Other Colleagues 47 Draft Dodging Cases 49 Characteristics of a Good Trial Lawyer 50 Rule Changes Caseloads 52 Innovative Ideas 54 Frivolous Cases 54 V CASES IN FEDERAL DISTRICT COURT Vietnamese Children Asbestos and Other Cases in Hawaii 59 More on Bakeries Case 64 Dalkon Shield 66 ARCO 68 Moonies Military Doctors City of Carmel, California Berkeley Bomber Press Access to Prison Los Angeles Raiders Case 74 VI COURT PROCEDURES AND ADMINISTRATION 80 Trials, Juries, and Litigation of Constitutional Issues 80 Self-Evaluation 85 Judicial Techniques and Style 86 Law Clerks 86 Conferences and Meetings 87 Women and Minorities 87 Some Committees and Judicial Organizations 88 Vn FAMILY MEMBERS AND ACTIVITIES 92 Vffl FEDERAL JUDGES ASSOCIATION 98 Background of the Atkins Lawsuit 98 The Will Case 103 Conclusion of Atkins 103 Conclusion of mil 105 Forming the FJA 107 Support for the FJA 114 Meetings and Incorporation 1 14 Network Committee 1 1 8 The Washington Coordinator 120 Pay and COLAs 121 Supreme Court Justices 125 Salaries, Legislation, and Social Security 127 Dealing With the Media 1 3 1 FJA Goals 132 The Newsletter: In Camera 136 Results of FJA Activities 137 More on In Camera 144 Support from Kevin Forde 146 International Judges Association 147 Quadrennial Conferences 149 Support From Individuals and Organizations 149 FJA History 150 Williams Lawsuit 1 5 1 TAPE GUIDE 152 INDEX 153 APPENDIX A. Spencer M. Williams, The Human Relations Agency: Perspectives and Programs Concerning Health, Welfare, and Corrections, 1966-1970, 1986 158 B. Resume 268 C. List of Ancestors 271 D. Federal Judges Association Pamphlet 273 E. Article, "Well said, Judge Williams," San Francisco Examiner, May 5, 1981 275 F. Article, "Disillusioned with Polls, Judges Take Their Own," April 1 98 1 276 G. Tribute from Human Relations Agency Directors 277 PREFACE The Historical Society of the United States District Court for the Northern District of California is a non-profit organization established by federal practitioners and judges and is dedicated to preserve and develop the history of this court. The Society s goals are threefold: 1) to marshal the sources for historical study of the District; 2) to initiate and encourage comprehensive and scholarly study of the court; and 3) to develop interpretive programs and exhibits making the fruits of this research accessible and meaningful to the legal community and the general public. In 1980 this series of oral histories conducted by The Bancroft Library was initiated as an important effort in the furtherance of the Society s objectives. By preserving the personal reminiscences of individuals whose experiences and memory can yield valuable "oral evidence" of the court s history, the Society hopes to enhance and amplify the written record. In addition to historical study of the Distinct, the Society hopes to promote greater public understanding and appreciation of the role of the federal judiciary. Except for those involved in the legal process, the operation, significance, and impact of federal trial courts remains largely a mystery to most Americans. By focusing on the history and activities of the Northern District, the Society hopes to bridge this gap between the legal and lay world and even encourage other District courts to initiate similar efforts. As the nation nears the 200th anniversary of the ratification of the United States Constitution, it is an appropriate time to raise the level of public understanding by placing the contemporary role of district courts in historical perspective. Thanks are due to the foresight and generosity of the individuals and organizations whose support make this work possible. Robert F. Peckham, Historical Society of the U.S. District Court, Northern District of California San Francisco, California April 1981 II Eighteen years since its founding, the U.S. District Court for the Northern District of California Historical Society continues to pursue the goals outlined above by its founder, Judge Robert F. Peckham. The comprehensive oral histories conducted by The Bancroft Library are a central part of the society s efforts to record the history of the court and of the law in Northern California. As Judge Peckham explained, by preserving "oral evidence" of the court s development, the society hopes to enhance the historical record contained in more traditional written sources. The generosity of individuals and organizations continues to be important in making these volumes possible. Each oral history contains a list of contributors whose foresight has helped preserve a part of the Northern District Court s history. Thelton