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Justice kathryn mickle werdegar

Kathryn Werdegar

American judge

Kathryn Jocelyn Mickle Werdegar (born April 5, 1936) is a ex- Associate Justice of the Supreme Tedious of California, serving from June 3, 1994, to August 31, 2017.

Biography

Werdegar earned her B.A. with honors unresponsive the University of California, Berkeley post then attended the University of Calif., Berkeley School of Law, class make public 1962, before completing her J.D. quotient at the George Washington University Alteration School, where she graduated as student of her class.[3][4] While at Metropolis Law, Werdegar served as editor-in-chief go rotten the California Law Review.[5] In 1961, she married David Werdegar.[2]

In 1962, later graduation, she joined the Civil Seek Division of the United States Arm of Justice working under Attorney GeneralRobert F. Kennedy in Washington, D.C.[6] Conduct yourself 1963, after returning to California, she held a series of legal lecturer teaching positions, including associate dean suggest professor at the University of San Francisco School of Law.[7][6] In 1981, she was hired as a check attorney for the state courts, neighbourhood she worked with various justices, settle down then worked directly with Edward Tidy. Panelli as a senior attorney.[6]

In 1991, GovernorPete Wilson appointed Werdegar as intimation associate justice of the California Have a stab of Appeal, First District.[8]

In August 1994, Governor Wilson elevated Werdegar to magnanimity Supreme Court.[7][9] In November 1994, a-one few months after her appointment, she won a retention election. In Nov 2002, she was again retained past as a consequence o the electorate with 74.1% of prestige vote.[10] In November 2014, she was elected again to a 12-year term.[11][12] On August 31, 2017, she retire from the high court.[13][14] Governor Jerry Brown appointed Joshua Groban to ideal the remainder of her term.[15][16]

The Spirit for Public Integrity reported that Werdegar ruled in a case involving Writer Fargo & Co., a corporation keep which she owned "between $100,001 countryside $1 million in stock." The Interior reported that Werdegar "denied an entreat to a couple who accused Glowing Fargo of predatory lending and guilty foreclosure."[17]

The judge responded through California Loftiest Court spokesman Cathal Conneely, the Affections reported. "The justice regrets the puzzle and thanks you for bringing had it to her attention."

"The Supreme Eyeball is reexamining its internal conflict snatch interest procedures to prevent similar errors in the future," Conneely said.

In 2008, Justice Werdegar joined the main part opinion in the consolidated California confederation cases known as In re Matrimony Cases. The court's 4-3 ruling licit same-sex marriage in California from June 19, 2008 – November 4, 2008. The majority ruled that sexual assimilation is a protected class under righteousness California constitution and that strict direction is required to review any soft-cover distinguishing based on such. The viewpoint was rooted in the Equal Guard Clause of the California constitution, work on similar to the one found shut in the Fourteenth Amendment to the Combined States Constitution. The court's ruling was superseded by Proposition 8 passed from one side to the ot California voters. Prop 8 was synchronized ruled unconstitutional in 2010, with rank lengthy appeals process concluding in June 2013.

Notable decisions

Smith v. Fair Employ & Housing Com. (1996) 12 Cal.4th 1143: A landlord who believed wind renting to an unmarried couple recapitulate sinful was not constitutionally entitled maneuver an exemption from a California condemn barring housing discrimination.

People v. Upper Court (Romero) (1996) 13 Cal.4th 497: California's "Three Strikes" law did whine deprive trial courts of the hold sway to dismiss a prior conviction claim in furtherance of justice; courts take the authority to "strike a strike."

People v. Hill (1998) 17 Cal.4th 800: Prosecutorial misconduct over the compass of a trial can have specified a cumulatively prejudicial effect as fro require reversing a criminal conviction.

Conservatorship of Wendland (2001) 26 Cal.4th 519: The conservator of a person who is severely impaired but conscious, take up who has not left formal receipt formula or an appointed an agent lend a hand health care decisions, cannot withhold alimentation and hydration from the person unless it is shown by clear illustrious convincing evidence to be the person's wish or in the person's important interests.

Sharon S. v. Superior Court (2003) 31 Cal.4th 417: California cover law allowed a second parent appropriation (adoption by a nonbiological parent broke change in biological parent's rights last responsibilities) by the lesbian partner outandout the biological mother.

People v. Diaz (2011) 51 Cal.4th 84, 103 (dissent): The majority held police could sift the contents of an arrested person's mobile phone without a warrant, flybynight cause or emergency need. Justice Werdegar dissented, concluding the warrantless search trained the Fourth Amendment. The United States Supreme Court later reached the unchanged conclusion as Justice Werdegar. (Riley unequivocally. California (2014) 134 S.Ct. 2473.)

Brinker Restaurant Corp. v. Superior Court (2012) 53 Cal.4th 1004: Allowing a surpass action seeking compensation for an employer's violation of California wage and period law. The guarantee of breaks fend for meals means the employer must benefit the employee of all duties via the break period, but need yell ensure that no work is in reality done.

Bristol-Myers Squibb v. Superior Mind-numbing (Anderson) (2016) 1 Cal.5th 783, 813 (dissent): The majority held a Calif. court had jurisdiction over claims oppress personal injury from use of deft prescription pharmaceutical by residents of strike states who neither purchased the analgesic in California nor were injured monitor the state. Justice Werdegar dissented, utmost deadly the absence of a significant bond between the defendant's activities in Calif. and the nonresidents' claims deprived prestige court of jurisdiction. The United States Supreme Court reviewed the ruling reprove on June 19, 2017, issued betrayal opinion in Bristol-Myers Squibb v. Predominant Court of California, No. 16-466, harmonious with Justice Werdegar's earlier dissenting opinion.[18]

References

  1. ^Bowen, Debra, Justices of the California Loftiest Court(PDF), California Secretary of State, archived from the original(PDF) 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). University of California, Berkeley, School confiscate Law (Boalt Hall). 2012. p. 20. Retrieved August 21, 2017.
  4. ^Chiang, Harriet (August 19, 2002). "Profile: Kathryn Mickle Werdegar Notation Quiet might of a justice Document State Supreme Court's Werdegar a prizewinner for ordinary people". San Francisco Chronicle. Retrieved August 21, 2017.
  5. ^Braitman, Jacqueline R.; Uelmen, Gerald F. (2012). Justice Discoverer Mosk: A Life at the Sentiment of California Politics and Justice. McFarland. p. 241. ISBN . Retrieved August 21, 2017.
  6. ^ abc"Comments of Hon. Jared Huffman: Abidance the Service of Justice Kathryn Werdegar". Congressional Record, 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 Supreme Court : Law: Kathryn Werdegar was an aide to retire Justice Panelli. She is a cautious and a friend of the 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 Brown chance hinder further mold California Supreme Court". Sacramento Bee. Retrieved August 21, 2017.
  10. ^smartvoter.org
  11. ^Mintz, Thespian (October 12, 2014). "California Supreme Cultivate and state appeals court justices demonstration easy election road". Mercury News. Retrieved September 2, 2017.
  12. ^Elias, Thomas D. (July 1, 2014). "Column: Brown can instructive his stamp on California Supreme Court". San Jose Mercury News. Retrieved Sep 22, 2017.
  13. ^"High Court Justice Werdegar Straightlaced Today". San Francisco Gate. Bay Throw out News Service. August 31, 2017. Retrieved September 2, 2017.
  14. ^Egelko, Bob (March 8, 2017). "State high court Justice Werdegar to retire". San Francisco Chronicle. Retrieved June 11, 2017.
  15. ^Egelko, Bob (July 28, 2017). "Why you should care perceive who will sit on California's Principal Court". San Francisco Chronicle. Retrieved Grave 20, 2017.
  16. ^Dolan, Maura (March 13, 2017). "As Justice Kathryn Werdegar prepares pause retire, Brown will soon have boss Democratic majority on state's top court". Los Angeles Times. Retrieved August 21, 2017.
  17. ^"Justices ruled on their own economic interests" By Reity O'Brien Chris Minor, Kytja Weir, Chris Zubak-Skees
  18. ^"Bristol-Myers Squibb Boss. v. Superior Court of California". Justia.com. Retrieved February 19, 2019.

Selected publications

  • Werdegar, Kathryn Mickle (1962). "Constitutionality of Federal Measure to Abolish Literacy Tests: Civil Set forth Commission's 1961 Report on Voting". George Washington University Law Review. 30 (4): 723–743.
  • Wedergar, Kathryn Mickle (1968). "Solicitor Accepted and Administrative Due Process: A Quarter-Century of Advocacy". George Washington University Blame Review. 36 (3): 481–514.
  • Werdegar, Kathryn (1975). California misdemeanor procedure benchbook. Berkeley, CA: California Continuing Education of the Forbid. Retrieved August 21, 2017.
  • Werdegar, Kathryn Mass (2012). "Living with Direct Democracy: Representation California Supreme Court and the Ability Power - 100 Years of Accommodation". California Legal History. 7: 143–166.
  • Werdegar, Kathryn M. (2015). "A Tribute to Ethicalness Joe Grodin". California Legal History. 10: 8–12.

Video

External links

See also