Malcolm M. Lucas
Encyclopedia
Malcolm Millar Lucas was the 26th Chief Justice of California. He was appointed to the position after his predecessor, Rose Bird
, was removed by the electorate in 1986 for reasons including her staunch opposition to capital punishment
, which was reflected in her voting for reversal in all 61 death penalty appeals that came before the Court during her tenure.
Born in Berkeley, California
, Lucas earned a B.A.
from the University of Southern California
in 1950 and an LL.B. from the University of Southern California Law School
in 1953. He was in private practice in Long Beach, California
from 1954 to 1967. He was a judge on the Superior Court, Los Angeles, California from 1967 to 1971.
On July 8, 1971, Lucas was nominated by President Richard M. Nixon to a new seat on the United States District Court for the Central District of California
(based in Los Angeles
) created by 84 Stat. 294. He was confirmed by the United States Senate
on July 29, 1971, and received his commission the same day. Lucas served on that court until he was tapped to join the Supreme Court of California
in 1984. He replaced Frank K. Richardson
, former Governor Ronald Reagan
's only remaining appointee on the Court.
In an odd coincidence, George Deukmejian
was reelected Governor in the same 1986 election that ejected Chief Justice Bird and two other liberal justices from the state supreme court; Deukmejian and Lucas had once practiced law together many years earlier in Long Beach. Thus, Deukmejian was able to appoint then-Associate Justice Lucas, his old friend and law partner to the position of Chief Justice. Deukmejian then appointed three new conservative Associate Justices, David Eagleson
, John Arguelles, and Marcus Kaufman
, thus creating the first conservative majority on the Court in several decades.
In stark contrast to the interpretive tendencies of the Bird court, the decisions of the Lucas court tended to adhere to the textualist approach, interpreting the law in strict accordance with its written meaning and precedent. An effect of this tendency was that in matters of criminal law, the Lucas court's interpretation of the law favored the state government more than that of the Bird court. The Lucas court also reversed several pro-plaintiff landmark decisions of the Bird court in the context of tort law and insurance law.
After retiring from the Court, Lucas went back into private practice and became an arbitrator for JAMS
in Los Angeles
.
Rose Bird
Rose Elizabeth Bird served for 10 years as the 25th Chief Justice of California. She was the first female Justice, and first female Chief Justice, on that court, appointed by then Governor Jerry Brown...
, was removed by the electorate in 1986 for reasons including her staunch opposition to capital punishment
Capital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
, which was reflected in her voting for reversal in all 61 death penalty appeals that came before the Court during her tenure.
Born in Berkeley, California
Berkeley, California
Berkeley is a city on the east shore of the San Francisco Bay in Northern California, United States. Its neighbors to the south are the cities of Oakland and Emeryville. To the north is the city of Albany and the unincorporated community of Kensington...
, Lucas earned a B.A.
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...
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...
in 1950 and an LL.B. from the University of Southern California Law School
University of Southern California Law School
The University of Southern California Law School , located in Los Angeles, California, is a law school within the University of Southern California...
in 1953. He was in private practice in Long Beach, California
Long Beach, California
Long Beach is a city situated in Los Angeles County in Southern California, on the Pacific coast of the United States. The city is the 36th-largest city in the nation and the seventh-largest in California. As of 2010, its population was 462,257...
from 1954 to 1967. He was a judge on the Superior Court, Los Angeles, California from 1967 to 1971.
On July 8, 1971, Lucas was nominated by President Richard M. Nixon to a new seat on the United States District Court for the Central District of California
United States District Court for the Central District of California
The United States District Court for the Central District of California serves over 18 million people in southern and central California, making it the largest federal judicial district by population...
(based in 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...
) created by 84 Stat. 294. He was confirmed by the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
on July 29, 1971, and received his commission the same day. Lucas served on that court until he was tapped to join the Supreme Court of California
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:...
in 1984. He replaced Frank K. Richardson
Frank K. Richardson
Frank Kellogg Richardson was an Associate Justice of the California Supreme Court.-Early life:Born in St. Helena, California, Richardson graduated from Germantown High School in Philadelphia, Pennsylvania. He attended the University of Pennsylvania his freshman year but transferred to Stanford...
, former Governor Ronald Reagan
Ronald Reagan
Ronald Wilson Reagan was the 40th President of the United States , the 33rd Governor of California and, prior to that, a radio, film and television actor....
's only remaining appointee on the Court.
In an odd coincidence, 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:...
was reelected Governor in the same 1986 election that ejected Chief Justice Bird and two other liberal justices from the state supreme court; Deukmejian and Lucas had once practiced law together many years earlier in Long Beach. Thus, Deukmejian was able to appoint then-Associate Justice Lucas, his old friend and law partner to the position of Chief Justice. Deukmejian then appointed three new conservative Associate Justices, David Eagleson
David Eagleson
David N. Eagleson served as an Associate Justice of the Supreme Court of California from 1987 to 1991. He practiced law in Long Beach, California for 20 years...
, John Arguelles, and Marcus Kaufman
Marcus Kaufman
Marcus M. Kaufman served as the 103rd justice on the Supreme Court of California from March 1987 until his retirement in January 1990. Prior to his appointment to the Supreme Court, Justice Kaufman served for 17 years as an Associate Justice of the California Court of Appeal, Fourth Appellate...
, thus creating the first conservative majority on the Court in several decades.
In stark contrast to the interpretive tendencies of the Bird court, the decisions of the Lucas court tended to adhere to the textualist approach, interpreting the law in strict accordance with its written meaning and precedent. An effect of this tendency was that in matters of criminal law, the Lucas court's interpretation of the law favored the state government more than that of the Bird court. The Lucas court also reversed several pro-plaintiff landmark decisions of the Bird court in the context of tort law and insurance law.
After retiring from the Court, Lucas went back into private practice and became an arbitrator for JAMS
JAMS (alternative dispute resolution)
JAMS, based in Irvine, California, is one of the largest providers of alternative dispute resolution services in the world. Alternative dispute resolution is usually considered to be an alternative to litigation...
in 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...
.