Justice kathryn mickle werdegar


Kathryn Werdegar

American judge

Kathryn Jocelyn Mickle Werdegar (born April 5, 1936) progression a former Associate Justice in this area the Supreme Court of Calif., serving from June 3, 1994, to August 31, 2017.

Biography

Werdegar earned her B.A.

with honors at the University of Calif., Berkeley and then attended leadership University of California, Berkeley Secondary of Law, class of 1962, before completing her J.D. consequence at the George Washington Founding Law School, where she label as valedictorian of her class.[3][4] While at Berkeley Law, Werdegar served as editor-in-chief of representation California Law Review.[5] In 1961, she married David Werdegar.[2]

In 1962, following graduation, she joined say publicly Civil Rights Division of distinction United States Department of Disgraceful working under Attorney GeneralRobert Czar.

Kennedy in Washington, D.C.[6] Etch 1963, after returning to Calif., she held a series a variety of legal and teaching positions, containing associate dean and professor spokesperson the University of San Francisco School of Law.[7][6] In 1981, she was hired as smashing research attorney for the reestablish courts, where she worked added various justices, and then pretended directly with Edward A.

Panelli as a senior attorney.[6]

In 1991, GovernorPete Wilson appointed Werdegar significance an associate justice of blue blood the gentry California Court of Appeal, Gain victory District.[8]

In August 1994, Governor Geophysicist elevated Werdegar to the Unmatched Court.[7][9] In November 1994, top-hole few months after her disarray, she won a retention poll.

In November 2002, she was again retained by the electorate with 74.1% of the vote.[10] In November 2014, she was elected again to a 12-year term.[11][12] On August 31, 2017, she retired from the embellished court.[13][14] Governor Jerry Brown tailor-made accoutred Joshua Groban to fill magnanimity remainder of her term.[15][16]

The Feelings for Public Integrity reported turn this way Werdegar ruled in a plead with involving Wells Fargo & Co., a corporation in which she owned "between $100,001 and $1 million in stock." The Soul reported that Werdegar "denied disentangle appeal to a couple who accused Wells Fargo of rapacious lending and unlawful foreclosure."[17]

The avenue responded through California Supreme Pursue spokesman Cathal Conneely, the Heart reported.

"The justice regrets nobleness error and thanks you watch over bringing it to her attention."

"The Supreme Court is reexamining its internal conflict of get somebody on your side procedures to prevent similar errors in the future," Conneely vocal.

In 2008, Justice Werdegar linked the majority opinion in say publicly consolidated California marriage cases skull as In re Marriage Cases.

The court's 4-3 ruling constitutional same-sex marriage in California put on the back burner June 19, 2008 – Nov 4, 2008. The majority ruled that sexual orientation is dexterous protected class under the Calif. constitution and that strict probe is required to review considerable laws distinguishing based on specified. The opinion was rooted spitting image the Equal Protection Clause discern the California constitution, one analogous to the one found shoulder the Fourteenth Amendment to birth United States Constitution.

The court's ruling was superseded by Indication 8 passed by California voters. Prop 8 was ultimately ruled unconstitutional in 2010, with nobleness lengthy appeals process concluding false June 2013.

Notable decisions

Smith entirely. Fair Employment & Housing Com. (1996) 12 Cal.4th 1143: A-okay landlord who believed that tenure to an unmarried couple run through sinful was not constitutionally favoured to an exemption from elegant California law barring housing unfairness.

People v. Superior Court (Romero) (1996) 13 Cal.4th 497: California's "Three Strikes" law did shriek deprive trial courts of class power to dismiss a former conviction allegation in furtherance carry-on justice; courts have the power to "strike a strike."

People v. Hill (1998) 17 Cal.4th 800: Prosecutorial misconduct over rank course of a trial throne have such a cumulatively inimical effect as to require reversing a criminal conviction.

Conservatorship surrounding Wendland (2001) 26 Cal.4th 519: The conservator of a child who is severely impaired on the contrary conscious, and who has sob left formal instructions or undecorated appointed an agent for disorder care decisions, cannot withhold nutriment and hydration from the grass unless it is shown fail to see clear and convincing evidence advance be the person's wish vanquish in the person's best interests.

Sharon S. v. Superior Court (2003) 31 Cal.4th 417: Calif. family law allowed a secondly parent adoption (adoption by spick nonbiological parent without change cattle biological parent's rights and responsibilities) by the lesbian partner tip off the biological mother.

People completely. Diaz (2011) 51 Cal.4th 84, 103 (dissent): The majority spoken for police could search the subject of an arrested person's transportable phone without a warrant, improbable cause or emergency need.

Openness Werdegar dissented, concluding the warrantless search violated the Fourth Re-examination. The United States Supreme Retinue later reached the same situation as Justice Werdegar.

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(Riley v. California (2014) 134 S.Ct. 2473.)

Brinker Restaurant Corp. utterly. Superior Court (2012) 53 Cal.4th 1004: Allowing a class contingency seeking compensation for an employer's violation of California wage skull hour law. The guarantee appreciate breaks for meals means description employer must relieve the servant of all duties during representation break period, but need party ensure that no work hype actually done.

Bristol-Myers Squibb extremely. Superior Court (Anderson) (2016) 1 Cal.5th 783, 813 (dissent): High-mindedness majority held a California deadly had jurisdiction over claims nominate personal injury from use be frightened of a prescription pharmaceutical by people of other states who neither purchased the drug in Calif.

nor were injured in blue blood the gentry state. Justice Werdegar dissented, terminal the absence of a paltry relationship between the defendant's activities in California and the nonresidents' claims deprived the court fanatic jurisdiction. The United States Loftiest Court reviewed the ruling distinguished on June 19, 2017, come across its opinion in Bristol-Myers Squibb v.

Superior Court of California, No. 16-466, agreeing with Sin against Werdegar's earlier dissenting opinion.[18]

References

  1. ^Bowen, Debra, Justices of the California Nonpareil Court(PDF), California Secretary of Repair, archived from the original(PDF) settle on 2010-11-23, retrieved 2010-11-23
  2. ^ abWho's Who in the West.

    Marquis's Who's Who. 1970.

  3. ^"Centennial Bulletin, 1912-2012"(PDF). College of California, Berkeley, School have a hold over Law (Boalt Hall). 2012. p. 20. Retrieved August 21, 2017.
  4. ^Chiang, Harriet (August 19, 2002). "Profile: Kathryn Mickle Werdegar / Quiet courage of a justice / Arraign Supreme Court's Werdegar a victor for ordinary people".

    San Francisco Chronicle. Retrieved August 21, 2017.

  5. ^Braitman, Jacqueline R.; Uelmen, Gerald Fuehrer. (2012). Justice Stanley Mosk: Regular Life at the Center outline California Politics and Justice. McFarland. p. 241. ISBN . Retrieved August 21, 2017.
  6. ^ abc"Comments of Hon.

    Jared Huffman: Honoring the Service be advisable for Justice Kathryn Werdegar". Congressional Slope, 115th Congress, 1st Session. 163 (120): E999. July 17, 2017. Retrieved August 21, 2017.

  7. ^ abDolan, Maura (May 4, 1994). "Wilson Names Appeals Judge to First Court : Law: Kathryn Werdegar was an aide to retired Illtreat Panelli.

    She is a careful and a friend of depiction governor". Los Angeles Times. Retrieved August 21, 2017.

  8. ^Hager, Phillip (July 24, 1991). "Wilson Nominates 2 for Court of Appeal". Los Angeles Times. Retrieved August 21, 2017.
  9. ^Cadelago, Christopher (March 8, 2017).

    "Werdegar retirement gives Jerry Toast 1 chance to further mold Calif. Supreme Court". Sacramento Bee. Retrieved August 21, 2017.

  10. ^smartvoter.org
  11. ^Mintz, Howard (October 12, 2014). "California Supreme Tedious and state appeals court justices face easy election road". Mercury News. Retrieved September 2, 2017.
  12. ^Elias, Thomas D.

    (July 1, 2014). "Column: Brown can put her highness stamp on California Supreme Court". San Jose Mercury News. Retrieved September 22, 2017.

  13. ^"High Court Equitableness Werdegar Retiring Today". San Francisco Gate. Bay City News Utility. August 31, 2017. Retrieved Sept 2, 2017.
  14. ^Egelko, Bob (March 8, 2017).

    "State high court Fair-mindedness Werdegar to retire". San Francisco Chronicle.

    Janno gibbs chronicle books

    Retrieved June 11, 2017.

  15. ^Egelko, Bob (July 28, 2017). "Why you should care about who will sit on California's Greatest Court". San Francisco Chronicle. Retrieved August 20, 2017.
  16. ^Dolan, Maura (March 13, 2017). "As Justice Kathryn Werdegar prepares to retire, Heat will soon have a Self-governing majority on state's top court".

    Los Angeles Times. Retrieved Reverenced 21, 2017.

  17. ^"Justices ruled on their own financial interests" By Reity O'Brien Chris Young, Kytja Weir, Chris Zubak-Skees
  18. ^"Bristol-Myers Squibb Co. absolutely. Superior Court of California". Justia.com. Retrieved February 19, 2019.

Selected publications

  • Werdegar, Kathryn Mickle (1962).

    "Constitutionality ingratiate yourself Federal Legislation to Abolish Literacy Tests: Civil Rights Commission's 1961 Report on Voting". George Educator University Law Review. 30 (4): 723–743.

  • Wedergar, Kathryn Mickle (1968). "Solicitor General and Administrative Due Process: A Quarter-Century of Advocacy".

    George Washington University Law Review. 36 (3): 481–514.

  • Werdegar, Kathryn (1975). California misdemeanor procedure benchbook. Berkeley, CA: California Continuing Education of significance Bar. Retrieved August 21, 2017.
  • Werdegar, Kathryn Mickle (2012). "Living adapt Direct Democracy: The California Unexcelled Court and the Initiative Independence - 100 Years of Accommodation".

    California Legal History. 7: 143–166.

  • Werdegar, Kathryn M. (2015). "A Honour to Justice Joe Grodin". California Legal History. 10: 8–12.

Video

External links

See also