I have the deepest affection for these two judges I’ve known for more than half my life. The California Supreme Court issued 75 majority written opinions during the court year (see "High-Profile Cases" below). reporters, and our successor as editor-in-chief, was Leondra Kruger, a doctor’s daughter from South Pasadena. Click to share on Twitter (Opens in new window), Click to share on Facebook (Opens in new window). Back in California, she has displayed her quiet intelligence and sense of duty—the. “I think ultimately, a decision in this case will be purely advisory,” he said. (I dutifully reported his high school speeding to the FBI when interviewed for his background checks.). Jerry Brown unexpectedly called her home for the state supreme court seat. In 2018, the high court shook the foundation of labor law with its decision in Dynamex Operations West, Inc. v. Superior Court of Los Angeles, a ruling establishing a three-part “ABC test” for determining when companies can classify their workers as independent contractors rather than employees. There, with other students and a history teacher, Greg Feldmeth, helped start a school newspaper. As his editor, I mostly failed to tone him down, as he campaigned to strip graduating seniors of the right to vote on the following year’s student government (since they wouldn’t live with the consequences of their choice). I confess that some rulings—like an opinion suggesting that giving police more leeway to use force would somehow stop mass shootings—make me wish I could still edit him. The Legislature codified the Dynamex standard into California law with the passage of Assembly Bill 5 last year. He served as a law clerk for Judge Henry J. Made in L.A. Streaming music, news & culture from KCRW Santa Monica, Live streaming music, news & culture from KCRW Santa Monica.
“Punishments must fit the crime, not the criminal.”. I’ve read about how the Supreme Court nominations of Neil Gorsuch and Bret Kavanaugh ruined old friendships and divided the alumni community at the private school they both attended, Washington D.C.’s Georgetown Prep. Poly also had a softer side; it allowed you to try just about anything you could imagine, and Jim and I were among those who imagined a school paper.
She wrote for us about a Poly student who had left to go to public school, and interviewed local teachers about California’s education troubles. In 2015, Leondra became a justice on the California Supreme Court. Despite political differences, we stayed friends; he even got me into a Federalist Society event, where I failed to spot anyone eating children or selling Supreme Court seats. Since they became judges, I’ve read their opinions and marveled at what has changed, and what hasn’t, since I edited their raw copy. The overwhelmingly liberal majority of our old schoolmates would prefer to see Leondra on the court. We also prefer our judges young, which is why both my high school contemporaries are on short lists simultaneously. On group texts, classmates sometimes grow angry at decisions made by Jim. After graduation, I became a newspaper reporter, which would rob me of most respect for the law (I’ve seen too much legislation written by money interested). Instead, he argued Dynamex’s ABC test should never have been applied in the first place because Jan-Pro did not do the hiring. Liss-Riordan said Jan-Pro could not have reasonably relied on an ever-evolving body of case law centered around an issue as hotly disputed as independent contractor classification. Wilson said the appellate court never dealt with the joint-employer question but he intends to raise it in a future petition for an en banc rehearing in the Ninth Circuit. To get there, the court considered nearly 7,200 filings, including about 3,900 petitions for review from approximately 18,000 judgments of the six District Courts of Appeal. Immigrant families produced many of the best students, including Jim (born in Taiwan) and Leondra (whose mother is Jamaican). As our faltering republic finds it harder to resolve disputes, just five justices will have the power to make major decisions to cancel the democratic and life choices that we Americans make. “Tardiness is treated as a more serious crime than cheating on exams,” he wrote in one editorial. They must show A) the hiring entity does not directly control the worker, B) the work falls outside the hiring entity’s usual course of business, and C) the worker is “customarily engaged in an independently established trade occupation, or business of the same nature as the work performed.”. Jim and I enjoyed stirring the pot, from arguing that the school tolerated too much underage drinking to investigating the ethics of water balloon attacks on freshmen. As editor-in-chief, she published smart pieces about the school’s diversity, drugs, and even student sex. The U.S Supreme Court building, Washington, D.C. Newly appointed justices filling judicial vacancies must stand for retention in the next gubernatorial election after their appointments. He had a strong sense of justice, and crusaded against unfair regime of student discipline. I’ve watched her on the bench, and she is certainly the kind of judge I’d want with my fate in a court’s hands—smart, kind, and carefully even-handed. Independent contractors are not required to receive overtime, minimum wages or other entitlements afforded to employees for whom businesses withhold income taxes and pay Social Security and Medicare taxes. Statewide emergency actions and updates on county court services and operations here. Leondra is not a top contender to be Joe Biden’s first appointee to the U.S. Supreme Court. Leondra was deeply interested in the world outside Poly’s cloistered gates. I would trust Leondra and Jim with that most precious of things, my children’s lives. Critics say he’s over-the-top. I confess that some rulings—like, an opinion suggesting that giving police more leeway to use force would somehow stop mass shootings, I have the deepest affection for these two judges I’ve known for more than half my life. Those memories are mostly sweet.
California's Judicial Branch Budget Process, Judicial Branch Governance | Judicial Council of California, Judicial Selection: How California Chooses Its Judges and Justices. Vacancies occurring during those terms—due to retirements, deaths, or other departures—are filled through appointment by the Governor.
The California court system consists of the local superior courts in each of California’s 58 counties, the 6 districts of the Courts of Appeal, and the Supreme Court. The State Bar’s Commission on Judicial Nominees Evaluation investigates and evaluates prospective nominees’ background and qualifications. Profiles of Leondra sometimes include progressive activists and legal scholars complaining that she’s cautious, moderate, too grounded in the facts—just like the student journalist she was at the Paw Print. For three decades, the California labor commissioner and state Employment Development Department had used the 11-factor test under S.G. Borello & Sons v. Dept. But when one student-contributor complained about his piece being cut, she replied: “When it comes to writers, sometimes people think their articles will only reflect on them.
I shared the job of editor-in-chief with my classmate Jim Ho, a doctor’s son from San Marino. The U.S Supreme Court building, Washington, D.C. Carol M. Highsmith, Public domain, via Wikimedia Commons. Leondra wasn’t the only future Supreme Court contender at the college paper; we became friends with Steve Engel, now a top Justice Department official who, like Jim, was recently added to President Trump’s Supreme Court list. It wasn’t an adoption of a completely new and distinct standard it was an evolution in how procedurally cases were to be addressed that raised the independent contractor question,” she said.
Jim made trouble by compiling a feature called “Paws and Claws”—a list of one-paragraph blasts of student praise and complaints. .
He worked in all three branches of the federal government—for Congress under Texas Sen. John Cornyn, in the Bush Justice Department, and as clerk to Justice Clarence Thomas. I spent my high school years, 1988 through 1991, at Polytechnic, a small academically rigorous private school in Pasadena. Arnold Schwarzenegger (R) in December 2005. The vast majority of superior court judges initially reach the bench via gubernatorial appointment. She ruled by consensus, in The Paw Print tradition. SUPREME COURT AND COURT OF APPEAL JUSTICES. Like appointments of judges to the superior courts, the State Bar’s Commission on Judicial Nominees Evaluation investigates and evaluates prospective justices’ backgrounds and qualifications. If granted, he will also argue that the ABC test was misapplied. He also said Jan-Pro’s tiered franchise system absolves it of potential joint-employer liability. One of our best Paw Print reporters, and our successor as editor-in-chief, was Leondra Kruger, a doctor’s daughter from South Pasadena.
Once confirmed by the Commission on Judicial Appointments, nominated justices appear on the ballot and must obtain voter approval to replace the justices stepping down at the end of their 12-year terms. She ruled by consensus, in, tradition. “You’re now here in front of us saying we should now decertify the retroactivity question because we think the court got the joint employer question wrong and we want to go back again?” he asked. In 2017, Jim became a judge on the U.S. Fifth Circuit Court of Appeals. This is a rotten state of affairs, both for the judges and the judged. Alsup also looked to the high court’s ruling in Patterson v. Domino’s Pizza, which determined that franchisors are not vicariously liable for franchisees’ workplace conduct. And the country would be better off if it had older and wiser judges, and younger and energetic elected officials. And if I could reform the Supreme Court, I’d require its justices to operate more like. She married a distinguished lawyer, and I’d thought California lost her to D.C. for good—until Gov. © 2020 KCRW All Rights Reserved. Instead, America has things upside down. He never missed an episode of NBC’s L.A. Law (he had a major crush on Susan Dey’s litigator). New justices either nominated or appointed by the governor must be confirmed by the Commission on Judicial Appointments, which consists of the chief justice, the attorney general, and a presiding justice of the courts of appeal.
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