Joyce L. Kennard
Encyclopedia
Joyce Luther Kennard is an Associate Justice of the Supreme Court of California
. Appointed by Governor
George Deukmejian
in 1989 she is the longest-serving justice sitting on the Court, having been retained by California's voters three times—first to fill the unexpired term in 1990, followed by second and third consecutive twelve-year terms in 1994 and 2006.
in Indonesia
, to a Dutch-Indonesian father and a Chinese-Indonesian mother. English is not her native language; she speaks it with a strong Dutch
accent. Her father died in a Japanese concentration camp when she was just one year old.
Kennard immigrated to Los Angeles
in 1961. In 1970, she graduated with a Bachelor of Arts
magna cum laude in German
from the University of Southern California
, where she also graduated in 1974 with a Master of Public Administration
and a Juris Doctor
from the USC Gould School of Law. Born to a family of modest means, Kennard worked as a secretary to pay for her education.
in 1988. Finally, in 1989, Governor George Deukmejian
appointed her to the California Supreme Court. Upon taking her oath, Kennard became the second woman and the first Asian American to serve as a justice on the Court.
During her time on the bench, Kennard has authored numerous high-profile opinions, the best-known of which is Kasky v. Nike (2002) 27 Cal. 4th 939. In that case, the California Supreme Court held that Nike
could not claim a First Amendment
"commercial free speech" defense when charged with lying about sweatshop
conditions in its overseas manufacturing plants. The U.S. Supreme Court granted certiorari
, apparently at the urging of Justice Anthony Kennedy
, who wanted to reverse. Harvard Professor Laurence Tribe
, who had criticized the California Supreme Court's decision, represented Nike. But ultimately, the U.S. Supreme Court declined to render an opinion, instead letting the California Supreme Court's decision stand.
Kennard has a reputation for aggressive questioning during oral argument. She does not hesitate to ask long and complicated questions—often speaking for minutes at a time before prompting an attorney to respond. Like her retired counterpart from the Supreme Court of the United States
, Justice Sandra Day O'Connor
, Kennard often asks the first question in a given case.
Kennard walks with the help of a prosthesis
, as her leg was amputated when she was a teenager.
Supreme Court of California
The Supreme Court of California is the highest state court in California. It is headquartered in San Francisco and regularly holds sessions in Los Angeles and Sacramento. Its decisions are binding on all other California state courts.-Composition:...
. Appointed by Governor
Governor of California
The Governor of California is the chief executive of the California state government, whose responsibilities include making annual State of the State addresses to the California State Legislature, submitting the budget, and ensuring that state laws are enforced...
George Deukmejian
George Deukmejian
Courken George Deukmejian, Jr. born June 6, 1928) is an Armenian American politician from California who as a Republican served as the 35th Governor of California and as California Attorney General .-Early life:...
in 1989 she is the longest-serving justice sitting on the Court, having been retained by California's voters three times—first to fill the unexpired term in 1990, followed by second and third consecutive twelve-year terms in 1994 and 2006.
Early years
Kennard was born in the province of West JavaWest Java
West Java , with a population of over 43 million, is the most populous and most densely populated province of Indonesia. Located on the island of Java, it is slightly smaller in area than densely populated Taiwan, but with nearly double the population...
in Indonesia
Indonesia
Indonesia , officially the Republic of Indonesia , is a country in Southeast Asia and Oceania. Indonesia is an archipelago comprising approximately 13,000 islands. It has 33 provinces with over 238 million people, and is the world's fourth most populous country. Indonesia is a republic, with an...
, to a Dutch-Indonesian father and a Chinese-Indonesian mother. English is not her native language; she speaks it with a strong Dutch
Dutch language
Dutch is a West Germanic language and the native language of the majority of the population of the Netherlands, Belgium, and Suriname, the three member states of the Dutch Language Union. Most speakers live in the European Union, where it is a first language for about 23 million and a second...
accent. Her father died in a Japanese concentration camp when she was just one year old.
Kennard immigrated to Los Angeles
Los Ángeles
Los Ángeles is the capital of the province of Biobío, in the commune of the same name, in Region VIII , in the center-south of Chile. It is located between the Laja and Biobío rivers. The population is 123,445 inhabitants...
in 1961. In 1970, she graduated with a Bachelor of Arts
Bachelor of Arts
A Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...
magna cum laude in German
German language
German is a West Germanic language, related to and classified alongside English and Dutch. With an estimated 90 – 98 million native speakers, German is one of the world's major languages and is the most widely-spoken first language in the European Union....
from the University of Southern California
University of Southern California
The University of Southern California is a private, not-for-profit, nonsectarian, research university located in Los Angeles, California, United States. USC was founded in 1880, making it California's oldest private research university...
, where she also graduated in 1974 with a Master of Public Administration
Master of Public Administration
The Master of Public Administration is a professional post-graduate degree in Public Administration. The MPA program prepares individuals to serve as managers in the executive arm of local, state/provincial, and federal/national government, and increasingly in nongovernmental organization and...
and a Juris Doctor
Juris Doctor
Juris Doctor is a professional doctorate and first professional graduate degree in law.The degree was first awarded by Harvard University in the United States in the late 19th century and was created as a modern version of the old European doctor of law degree Juris Doctor (see etymology and...
from the USC Gould School of Law. Born to a family of modest means, Kennard worked as a secretary to pay for her education.
Judicial career
Kennard's rise within the California court system was and is often described as, "meteoric." Appointed to the Los Angeles Municipal Court in 1986, Kennard was elevated to the California Superior Court in 1987 and elevated again to the California Court of AppealCalifornia Court of Appeal
The California Courts of Appeal are the state intermediate appellate courts in the U.S. state of California. The state is geographically divided into six appellate districts...
in 1988. Finally, in 1989, Governor George Deukmejian
George Deukmejian
Courken George Deukmejian, Jr. born June 6, 1928) is an Armenian American politician from California who as a Republican served as the 35th Governor of California and as California Attorney General .-Early life:...
appointed her to the California Supreme Court. Upon taking her oath, Kennard became the second woman and the first Asian American to serve as a justice on the Court.
During her time on the bench, Kennard has authored numerous high-profile opinions, the best-known of which is Kasky v. Nike (2002) 27 Cal. 4th 939. In that case, the California Supreme Court held that Nike
Nike, Inc.
Nike, Inc. is a major publicly traded sportswear and equipment supplier based in the United States. The company is headquartered near Beaverton, Oregon, which is part of the Portland metropolitan area...
could not claim a First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
"commercial free speech" defense when charged with lying about sweatshop
Sweatshop
Sweatshop is a negatively connoted term for any working environment considered to be unacceptably difficult or dangerous. Sweatshop workers often work long hours for very low pay, regardless of laws mandating overtime pay or a minimum wage. Child labour laws may be violated. Sweatshops may have...
conditions in its overseas manufacturing plants. The U.S. Supreme Court granted certiorari
Certiorari
Certiorari is a type of writ seeking judicial review, recognized in U.S., Roman, English, Philippine, and other law. Certiorari is the present passive infinitive of the Latin certiorare...
, apparently at the urging of Justice Anthony Kennedy
Anthony Kennedy
Anthony McLeod Kennedy is an Associate Justice of the United States Supreme Court, having been appointed by President Ronald Reagan in 1988. Since the retirement of Sandra Day O'Connor, Kennedy has often been the swing vote on many of the Court's politically charged 5–4 decisions...
, who wanted to reverse. Harvard Professor Laurence Tribe
Laurence Tribe
Laurence Henry Tribe is a professor of constitutional law at Harvard Law School and the Carl M. Loeb University Professor at Harvard University. He also works with the firm Massey & Gail LLP on a variety of matters....
, who had criticized the California Supreme Court's decision, represented Nike. But ultimately, the U.S. Supreme Court declined to render an opinion, instead letting the California Supreme Court's decision stand.
Kennard has a reputation for aggressive questioning during oral argument. She does not hesitate to ask long and complicated questions—often speaking for minutes at a time before prompting an attorney to respond. Like her retired counterpart from the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
, Justice Sandra Day O'Connor
Sandra Day O'Connor
Sandra Day O'Connor is an American jurist who was the first female member of the Supreme Court of the United States. She served as an Associate Justice from 1981 until her retirement from the Court in 2006. O'Connor was appointed by President Ronald Reagan in 1981...
, Kennard often asks the first question in a given case.
Kennard walks with the help of a prosthesis
Prosthesis
In medicine, a prosthesis, prosthetic, or prosthetic limb is an artificial device extension that replaces a missing body part. It is part of the field of biomechatronics, the science of using mechanical devices with human muscle, skeleton, and nervous systems to assist or enhance motor control...
, as her leg was amputated when she was a teenager.