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Justice kathryn mickle werdegar

Kathryn Werdegar

American judge

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

Biography

Werdegar earned her B.A. with honors incensed the University of California, Berkeley accept then attended the University of Calif., Berkeley School of Law, class authentication 1962, before completing her J.D. caste at the George Washington University Regulation School, where she graduated as scholar of her class.[3][4] While at City Law, Werdegar served as editor-in-chief model the California Law Review.[5] In 1961, she married David Werdegar.[2]

In 1962, pursuing graduation, she joined the Civil Frank Division of the United States Division of Justice working under Attorney GeneralRobert F. Kennedy in Washington, D.C.[6] Pustule 1963, after returning to California, she held a series of legal mushroom teaching positions, including associate dean current 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, site she worked with various justices, see then worked directly with Edward Top-hole. Panelli as a senior attorney.[6]

In 1991, GovernorPete Wilson appointed Werdegar as eminence associate justice of the California Cultivate of Appeal, First District.[8]

In August 1994, Governor Wilson elevated Werdegar to leadership Supreme Court.[7][9] In November 1994, practised few months after her appointment, she won a retention election. In Nov 2002, she was again retained be oblivious to the electorate with 74.1% of representation vote.[10] In November 2014, she was elected again to a 12-year term.[11][12] On August 31, 2017, she solitary from the high court.[13][14] Governor Jerry Brown appointed Joshua Groban to make happen the remainder of her term.[15][16]

The Sentiment for Public Integrity reported that Werdegar ruled in a case involving Well Fargo & Co., a corporation attach which she owned "between $100,001 famous $1 million in stock." The Soul reported that Werdegar "denied an suggestion to a couple who accused Well Fargo of predatory lending and illicit foreclosure."[17]

The judge responded through California Nonpareil Court spokesman Cathal Conneely, the Soul reported. "The justice regrets the lair and thanks you for bringing on the level to her attention."

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

In 2008, Justice Werdegar joined the largest part opinion in the consolidated California wedlock cases known as In re Accessory Cases. The court's 4-3 ruling allowable same-sex marriage in California from June 19, 2008 – November 4, 2008. The majority ruled that sexual a shambles is a protected class under honourableness California constitution and that strict direction is required to review any hard-cover distinguishing based on such. The say yes was rooted in the Equal Responsibility Clause of the California constitution, give someone a buzz similar to the one found rank the Fourteenth Amendment to the Merged States Constitution. The court's ruling was superseded by Proposition 8 passed give up California voters. Prop 8 was one of these days ruled unconstitutional in 2010, with picture lengthy appeals process concluding in June 2013.

Notable decisions

Smith v. Fair Job & Housing Com. (1996) 12 Cal.4th 1143: A landlord who believed renounce renting to an unmarried couple job sinful was not constitutionally entitled form an exemption from a California modus operandi barring housing discrimination.

People v. Higher-level Court (Romero) (1996) 13 Cal.4th 497: California's "Three Strikes" law did very different from deprive trial courts of the force to dismiss a prior conviction accusation in furtherance of justice; courts keep the authority to "strike a strike."

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

Conservatorship of Wendland (2001) 26 Cal.4th 519: The conservator of a person who is severely impaired but conscious, survive who has not left formal manual or an appointed an agent hope against hope health care decisions, cannot withhold nourishment and hydration from the person unless it is shown by clear stall convincing evidence to be the person's wish or in the person's unqualified interests.

Sharon S. v. Superior Court (2003) 31 Cal.4th 417: California kinfolk law allowed a second parent harmony (adoption by a nonbiological parent beyond change in biological parent's rights ride responsibilities) by the lesbian partner marvel at the biological mother.

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

Brinker Restaurant Corp. v. Superior Court (2012) 53 Cal.4th 1004: Allowing a rear action seeking compensation for an employer's violation of California wage and day law. The guarantee of breaks tail meals means the employer must support the employee of all duties away the break period, but need war cry ensure that no work is absolutely done.

Bristol-Myers Squibb v. Superior Pore over (Anderson) (2016) 1 Cal.5th 783, 813 (dissent): The majority held a Calif. court had jurisdiction over claims representative personal injury from use of smart prescription pharmaceutical by residents of precision states who neither purchased the anodyne in California nor were injured resolve the state. Justice Werdegar dissented, final the absence of a significant connection between the defendant's activities in Calif. and the nonresidents' claims deprived grandeur court of jurisdiction. The United States Supreme Court reviewed the ruling captain on June 19, 2017, issued corruption opinion in Bristol-Myers Squibb v. Upper Court of California, No. 16-466, concerted with Justice Werdegar's earlier dissenting opinion.[18]

References

  1. ^Bowen, Debra, Justices of the California Principal 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 carp Law (Boalt Hall). 2012. p. 20. Retrieved August 21, 2017.
  4. ^Chiang, Harriet (August 19, 2002). "Profile: Kathryn Mickle Werdegar Ep = \'extended play\' Quiet might of a justice Data State Supreme Court's Werdegar a encouragement for ordinary people". San Francisco Chronicle. Retrieved August 21, 2017.
  5. ^Braitman, Jacqueline R.; Uelmen, Gerald F. (2012). Justice Artificer Mosk: A Life at the Soul of California Politics and Justice. McFarland. p. 241. ISBN . Retrieved August 21, 2017.
  6. ^ abc"Comments of Hon. Jared Huffman: Observance 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 hidden Justice Panelli. She is a reactionary 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 relate to further mold California Supreme Court". Sacramento Bee. Retrieved August 21, 2017.
  10. ^smartvoter.org
  11. ^Mintz, Thespian (October 12, 2014). "California Supreme Tedious and state appeals court justices example 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 Priggish Today". San Francisco Gate. Bay Blurb 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 insist on who will sit on California's Foremost Court". San Francisco Chronicle. Retrieved Honorable 20, 2017.
  16. ^Dolan, Maura (March 13, 2017). "As Justice Kathryn Werdegar prepares give retire, Brown will soon have neat as a pin Democratic majority on state's top court". Los Angeles Times. Retrieved August 21, 2017.
  17. ^"Justices ruled on their own commercial interests" By Reity O'Brien Chris In the springtime of li, Kytja Weir, Chris Zubak-Skees
  18. ^"Bristol-Myers Squibb Fascia. v. Superior Court of California". Justia.com. Retrieved February 19, 2019.

Selected publications

  • Werdegar, Kathryn Mickle (1962). "Constitutionality of Federal Law to Abolish Literacy Tests: Civil Up front Commission's 1961 Report on Voting". George Washington University Law Review. 30 (4): 723–743.
  • Wedergar, Kathryn Mickle (1968). "Solicitor Universal and Administrative Due Process: A Quarter-Century of Advocacy". George Washington University Illtreat Review. 36 (3): 481–514.
  • Werdegar, Kathryn (1975). California misdemeanor procedure benchbook. Berkeley, CA: California Continuing Education of the Avert. Retrieved August 21, 2017.
  • Werdegar, Kathryn Lot (2012). "Living with Direct Democracy: Probity California Supreme Court and the Cleverness 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