Wednesday, December 3, 2014

Resentment or Contentment w/Gov's picks?

On the heels of Justice Sims' DJ op-ed about Leondra Kruger being unqualified, today's DJ has Browns Picks Will Elevate Judiciary, by San Diego Superior Court Judge Yvonne Campos, who writes: "prior judicial experience in no way guarantees excellent in appellate judging," and "the professional record of accomplishment necessary to serve in the highest ranks of the U.S. Department of Justice or to obtain tenure as a professor at a premier law school also ensures an ability to perform legal tasks at the highest level. It also displays a work ethic second to none necessary to achieve such professional heights." In sum, "sheer brilliance and a proven track record of professional success at the highest levels is as good an indicator of future judicial success as prior judicial experience on a lower court." The one-two-three punch goes like this: (1) "no jurist on the California Supreme Court single-handedly decides cases"; (2) "any justice on our highest court is staffed by legal research assistants who sort through legal issues and backstop the parties on flushing out the most applicable legal precedent"; (3) "Having bright minds uncluttered by past practices allows for questioning of those practices which might otherwise never occur to those already steeped in the old ways of how the branch conducts its business." She concludes:
Resent not fellow state jurists. This new generation of California Supreme Court justices will elevate the ranks of our judiciary and will soon be on future short lists of U.S. Supreme Court judicial nominees. Isn't it about time New York City released its monopoly on our nation's highest court in favor of California's own?

Today's DJ also runs two Letters to the Editor:

  • One lawyer "respectfully dissent[s] from Justice Sims' opinion," noting that lack of judicial experience has historically been common, and even recently appointed Justices like Kagan and Scalia had little to none.
  • Another lawyer, however, writes that "Retired Justice Sims' well-thought out article might well be summed up in a single sentence: 'If you loved Rose Bird, you will love Leondra Kruger.'"

Kruger hearing set for 12/22
Commission on Judicial Appointments to Consider Appointment to the Supreme Court of California Confirmation Hearing Set for Monday, December 22, 2014 SAN FRANCISCO—A public hearing has been scheduled by the Commission on Judicial Appointments for Monday, December 22, 2014, beginning at 11:00 a.m. in the Supreme Court Courtroom, Earl Warren Building, 350 McAllister Street, San Francisco, California to consider the appointment by Governor Edmund G. Brown, Jr., of Ms. Leondra R. Kruger to the Supreme Court of California. The state Constitution specifies that a gubernatorial appointment to the Supreme Court is “effective when confirmed by the Commission on Judicial Appointments.” The commission members who will consider the appointment of Ms. Kruger are Chief Justice of California Tani G. Cantil-Sakauye (Chair), California Attorney General Kamala D. Harris, and Senior Presiding Justice Joan Dempsey Klein of the Court of Appeal, Second Appellate District, Division Three. Appointee Summary Biography Ms. Kruger would fill the vacancy created by the retirement of Associate Justice Joyce L. Kennard on April 5, 2014. Ms. Kruger has served as a Deputy Assistant Attorney General at the United States Department of Justice, Office of Legal Counsel since 2013. Before that, she was an Assistant to the Solicitor General and Acting Principal Deputy Solicitor General in the United States Department of Justice, Office of the Solicitor General from 2007 to 2013. Ms. Kruger was a visiting assistant professor at the University of Chicago Law School in 2007, an associate at Wilmer, Cutler, Pickering, Hale and Dorr LLP from 2004 to 2006, and an associate at Jenner and Block LLP from 2001 to 2002. She also served as a law clerk to Associate Justice John Paul Stevens of the United States Supreme Court from 2003 to 2004 and to Judge David S. Tatel of the United States Court of Appeals for the District of Columbia Circuit from 2002 to 2003. Testimony and Comment Persons who wish to testify or comment on the appointment must submit their information for receipt by the commission no later than 5:00 p.m. on Monday, December 15, 2014. Anyone wishing to testify before the commission must state that request in writing and include a summary of the facts on which any testimony or opinion will be based. The commission’s address is: Commission on Judicial Appointments c/o Chief Justice of California Supreme Court of California 350 McAllister Street San Francisco, California 94102 Attention: Secretary to the Commission - See more at: