Friday, January 7, 2011

Why Not?

When you start out with bright-line criteria that are somewhat arbitrary, you end up making decisions that are quick if not perfectly defensible.  Why don't the four jurists suggested by Maura Dolan make my list?

Justice Jenkins was first appointed to the bench by Governor Deukmejian.  Does that necessarily mean Governor Brown won't turn to him?  Of course not.  President Clinton appointed then-Judge Jenkins to the U.S. District Court. 

Justice Rivera was first appointed to the bench by Governor Wilson.  Does that necessarily mean Governor Brown won't turn to her?  Of course not.  Governor Davis elevated her to the Court of Appeal.

Presiding Justices Kline and Gilbert were both appointed by Governor Brown.  But their court bios suggest they are not in their 50s.  Does that necessarily mean Governor Brown won't turn to them?  Of course not. 

It would be no surprise if Governor Brown turns to one of these justices.  I'm just saying they're not on my list.