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California Supreme Court justice vacancy (October 2021)
| California Supreme Court |
|---|
 |
| Cuéllar vacancy |
| Date: October 31, 2021 |
| Status: Seat filled |
| Nomination |
| Nominee: Patricia Guerrero |
| Date: February 15, 2022 |
California Governor Gavin Newsom (D) appointed Patricia Guerrero to the California Supreme Court on February 15, 2022. Guerrero succeeded Mariano-Florentino Cuéllar, who retired on October 31, 2021, to become president of the Carnegie Endowment for International Peace think tank.[1][2][3][4] Guerrero was Gov. Newsom's second nominee to the seven-member court.
At the time of the vacancy under California law, justices of the California Supreme Court were selected by gubernatorial appointment.
Ballotpedia has compiled the following resources on the process to fill the California Supreme Court vacancy:
- An overview of the appointee.
- An overview of the selection process.
- An overview of the court following the vacancy.
- An overview of the justice who left office.
- A list of other state supreme court appointments in 2021.
The appointee
- See also: Patricia Guerrero
Patricia Guerrero was an associate justice with the California Fourth District Court of Appeal from 2017 to 2022. She was appointed to this court by Governor Jerry Brown (D) in 2017, to fill the vacancy created by the death of Justice Alex McDonald.[5][6] She was a judge of the Superior Court of San Diego County, California from 2013 to 2017. She was appointed to this court by Gov. Brown on May 21, 2013, to succeed Judge Gonzalo P. Curiel. Prior to her judicial service, Guerrero was a lawyer with Latham & Watkins, and served as an assistant U.S. attorney with the Southern District of California from 2002 to 2003.[2]
Guerrero earned a B.A. from the University of California, Berkeley and a J.D. from Stanford Law School.[2]
The selection process
- See also: Judicial selection in California
At the time of the vacancy, the seven justices of the California Supreme Court were selected by gubernatorial appointment. The state bar's Commission on Judicial Nominee Evaluation—also known as the "Jenny Commission"—was required to vet prospective appointees. The commission would recommend candidates to the governor after examining their qualifications and fitness, ranking them as exceptionally well qualified, well qualified, qualified, or not qualified. The commission's composition included attorneys and public members.[7]
Although the governor was not bound to these recommendations, the Commission on Judicial Appointments could approve or veto the appointment by majority vote.[7]
If they wished to retain their seat for the remainder of the unexpired term, newly-appointed judges would be required to participate in yes-no retention elections occurring at the time of the next gubernatorial race, held every four years. After the first election, subsequent retention elections were for full 12-year terms.[7][8]
Makeup of the court
- See also: California Supreme Court
Justices
Following Cuéllar's retirement, the California Supreme Court included the following members:
| ■ Martin J. Jenkins | Appointed by Gov. Gavin Newsom (D) in 2020 | |
| ■ Goodwin Liu | Appointed by Gov. Jerry Brown (D) in 2011 | |
| ■ Carol Corrigan | Appointed by Gov. Arnold Schwarzenegger (R) in 2005 | |
| ■ Leondra Kruger | Appointed by Gov. Jerry Brown (D) in 2014 | |
| ■ Joshua Groban | Appointed by Gov. Jerry Brown (D) in 2018 | |
| ■ Tani Cantil-Sakauye | Appointed by Gov. Arnold Schwarzenegger (R) in 2010 |
About the court
Founded in 1849, the California Supreme Court is the state's court of last resort and has seven judgeships. The current chief of the court is Patricia Guerrero.
As of January 2023, six judges on the court were appointed by Democratic governors and one judge was appointed by a Republican governor.
The California Supreme Court holds regular sessions in San Francisco, Los Angeles, and Sacramento.[9]
In California, state supreme court justices are selected through direct gubernatorial appointment. Justices are appointed directly by the governor without the use of a nominating commission.[10] There are five states that use this selection method. To read more about the gubernatorial appointment of judges, click here.
About Justice Cuéllar
- See also: Mariano-Florentino Cuéllar
Justice Mariano-Florentino Cuéllar joined the California Supreme Court in 2015. He was appointed to the court by Governor Jerry Brown (D).
Before serving on the state supreme court, Cuéllar served in various capacities in the administration of President Barack Obama (D). Cuéllar worked as Special Assistant to the President for Justice and Regulatory Policy (2009-2010) and co-chaired the U.S. Department of Education’s Equity and Excellence Commission (2011-2013). He also chaired the Presidential Transition Task Force on Immigration (2008-2009).[11] Cuéllar was the senior advisor to the Under Secretary for Enforcement in the U.S. Department of the Treasury from 1997 to 1999, and he clerked for the Honorable Mary M. Schroeder of the U.S. Court of Appeals for the Ninth Circuit from 2000 to 2001.[12] From 2001 to 2014 Cuéllar was a law professor at Stanford Law School.
Cuéllar received his undergraduate degree from Harvard College, his J.D. from Yale Law School, and his Ph.D. in political science from Stanford University.[12]
Other state supreme court appointments in 2021
- See also: State supreme court vacancies, 2021
The following table lists vacancies on state supreme courts that opened in 2021. Click the link under the Court column for a particular vacancy for more information on that vacancy.
Click here for vacancies that opened in 2020.
See also
External links
Footnotes
- ↑ California Globe, "State Supreme Court Justice Mariano-Florentino Cuellar To Leave Court On October 31st," September 17, 2021
- ↑ 2.0 2.1 2.2 Office of Governor Gavin Newsom, "Governor Newsom Nominates Justice Patricia Guerrero to Serve on California Supreme Court," February 15, 2022
- ↑ CBS8, "Governor nominates San Diego judge to State Supreme Court," February 16, 2022
- ↑ The Sacramento Bee, "Fourth District Court of Appeal Justice Patricia Guerrero will be the first Latina to California Supreme Court," February 16, 2022
- ↑ California Courts, "Commission Confirms Appointments to Courts of Appeal," December 14, 2017
- ↑ Office of Governor Edmund G. Brown, Jr., "Governor Brown Appoints Three District Court of Appeal Justices," November 2, 2017
- ↑ 7.0 7.1 7.2 American Judicature Society, "Methods of Judicial Selection: California," accessed October 2, 2014
- ↑ California Secretary of State, "Justices of the supreme and appellate courts," accessed April 7, 2014
- ↑ Courts Newsroom, "California Supreme Court," accessed August 17, 2021
- ↑ Note: In New Hampshire, a judicial selection commission has been established by executive order. The commission's recommendations are not binding.
- ↑ California Courts, "Associate Justice Mariano-Florentino Cuéllar," accessed February 1, 2019
- ↑ 12.0 12.1 California.gov: Office of Governor Edmund G. Brown, Jr, "Governor Brown selects Mariano-Florentino Cuéllar for California Supreme Court," July 22, 2014
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Federal courts:
Ninth Circuit Court of Appeals • U.S. District Court: Central District of California, Eastern District of California, Northern District of California, Southern District of California • U.S. Bankruptcy Court: Central District of California, Eastern District of California, Northern District of California, Southern District of California
State courts:
California Supreme Court • California Courts of Appeal • California Superior Courts
State resources:
Courts in California • California judicial elections • Judicial selection in California
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