Gail Ruderman Feuer

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Gail Ruderman Feuer
Image of Gail Ruderman Feuer
California 2nd District Court of Appeal Division 7
Tenure

2018 - Present

Term ends

2031

Years in position

7

Prior offices
Superior Court of Los Angeles County

Compensation

Base salary

$272,902

Elections and appointments
Last elected

November 6, 2018

Appointed

June 1, 2018

Education

Bachelor's

State University of New York, Albany

Law

Harvard Law School

Contact

Gail Ruderman Feuer is a judge for Division 7 of the California 2nd District Court of Appeal. She assumed office on June 1, 2018. Her current term ends on January 6, 2031.

Feuer ran for re-election for the Division 7 judge of the California 2nd District Court of Appeal. She won in the retention election on November 6, 2018.

[1]

Feuer was previously a judge for the Superior Court of Los Angeles County in California. She was appointed by former Republican Governor Arnold Schwarzenegger on July 27, 2005, to succeed Judge Dean Farrar.[2][3] She was re-elected in 2014.[4][5]

Education

Feuer received her bachelor's degree from the State University of New York at Albany and her J.D. from Harvard Law School.[3]

Career

Elections

2018

See also: California intermediate appellate court elections, 2018

California 2nd District Court of Appeal Division 7

Gail Ruderman Feuer was retained to Division 7 of the California 2nd District Court of Appeal on November 6, 2018 with 71.8% of the vote.

Retention
 Vote
%
Votes
Yes
 
71.8
 
1,794,035
No
 
28.2
 
705,141
Total Votes
2,499,176

2014

See also: California judicial elections, 2014
Feuer ran for re-election to the Los Angeles County Superior Court.
As an unopposed incumbent, she was automatically re-elected without appearing on the ballot. [4] 

Noteworthy cases

California man detained 17 years released under Mathews v. Eldridge precedent (2018)

A three-judge panel of the California Second District Court of Appeal ordered the release on September 12 of George Vasquez, a California man who had been detained for 17 years awaiting trial for commitment as a sexually violent predator, on the grounds that the state had violated Vasquez’s due process rights under the 14th Amendment. The panel consisted of judges Gail Ruderman Feuer, Dennis Perluss, and Laurie Zelon.[6]

Vasquez was convicted in 1995 of committing lewd acts on a child and served 12 years in state prison. Prior to his scheduled release in 2000, Los Angeles County prosecutors petitioned to have Vasquez committed to a state hospital as a sexually violent predator for two years. Instead, Vazquez’s hearing and trial dates were delayed for the next 17 years in order to allow for a series of six court-appointed attorneys to prepare for trial. Vasquez objected to the delays in his case in 2016.[6]

Superior Court Judge James N. Bianco dismissed the prosecutors’ petition in January 2018. Bianco argued that the breakdown in the state’s public defender system had violated Vasquez’s right to timely proceedings. The appellate panel later upheld Bianco’s decision, which was based in part on U.S. Supreme Court precedent concerning due process in the 1976 case Mathews v. Eldridge. The U.S. Supreme Court developed a three-part test in Mathews v. Eldridge for lower courts to apply when determining whether or not an individual has received due process during administrative proceedings. Courts must consider (1) the private interest at stake, (2) the effect on the private interest in the event of an erroneous determination as well as the value of any additional procedural safeguards, and (3) the government's interest, including the potential administrative burden of additional procedural safeguards.[6]

The California appellate panel applied the three-part Mathews v. Eldridge test in the context of Vasquez’s pre-trial delay pending an involuntary civil commitment. According to the test, the panel found that (1) detainment awaiting trial put Vasquez’s liberty at stake, (2) the length of Vasquez's detainment deprived him of his liberty, and (3) the government would not have suffered an additional administrative burden by going to trial in two years as opposed to delaying the trial for 17 years.[6][7]

See also

California Judicial Selection More Courts
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Courts in California
California Courts of Appeal
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External links

Footnotes