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2004 Cal. Sup. Ct. Hist. Soc'y Newsl. 1 (2004)

handle is hein.journals/casrecths2004 and id is 1 raw text is: __ THE CALIFORNIA SUPREME COURT Historical Society NEWSLETTER SPRING/SUMMER 2004 Memories ofJustice David N Eagleson BY RICK SEITZ Justice David N Eagleson passed away on May 23, 2003, at the age of 78. He was a 1950 graduate of the U. niversity of Southern California Law School, and served as a judge of the Superior Court of Los Angeles County from 1970 to 1984. George Deukileian elevated Justice Eagleson to the California Court of Appeal in 1984 and then to the Supreme Court in 1987, where he served until his retirement in 1991. David Eagleson left an extraordinary legacy in life, in his chosen profession and in California jurisprudence. To each stage and facet of his distin- guished career, he brought the remarkable compe- tence, acuity, loyalty, stability, integrity and leader- ship skills that defined and identified him. I first met Justice Eagleson when he was elevated to the California Supreme Court in 1987, and I worked as his staff attorney until his departure in 1991. Justice Eagleson arrived at the time of the court's greatest crisis. In November 1986, the voters had declined to retain three of its members. The court's public image was at an all-time low. Those chosen to fill the vacancies created by the election faced the task of guiding the court through the storm-tossed waters and restoring public confidence in its stature. Californians can be thankful that Justice Eag- leson's abilities and temperament amply fitted him for the task. His service, and that of his colleagues on the so-called Lucas Court, fulfilled the hope that the court would weather the storm. The role these justices played in preserving the health and stability of the California Supreme Court can't be exaggerated. David Eagleson deserves his full share of the credit for that vital contribution. I was a staff attorney for Joseph Grodin, one of the justices defeated in the November 1986 election. The court relies on a cadre of permanent or car- eer staff lawyers, but in fact there is no tenure for legal staff. Lawyers may be dismissed at pleasure. This rarely happens, but it was feared, in the toxic atmos- phere of the time, that the replacements for the de- feated justices would cle- an house, believing they needed new staff with no loyalties to the old regime. Like his fellow newcomers, Justices Arguelles and Kaufman, Justice Eagleson declined to take that path. Encouraged by Chief Justice Lucas, the new arrivals embraced the longstanding court policy that career staff be retained, if possible, for their legal ability and perspective, and for institutional memory and continuity. Justice Eagleson brought to San Francisco one of his trusted Court of Appeal research attorneys, but he also retained me and every other Supreme Court attorney who wished to stay. We all remained, our loyalty redoubled by his kindness (and good judgment), until his last day at the court in 1991. His decision to retain staff was consistent with his temperament and philosophy. Though often branded as a no-nonsense conservative, he was, above all, a pragmatist. He distrusted ideology as the enemy of clear and practical thinking. He knew who he was, and he appreciated in others the candor and honesty he himself possessed. As a result, he was comfortable with diversity of views. His Supreme Court staff held wide-ranging legal opinions, which were freely expressed and considered. They could prevail, if persuasive, over his own initial view, but there was never any doubt about who was in charge. He also believed in order, decency, hard work and good behavior. This led him to support the institutions, public or private, that promoted and enforced these values. His acceptance of institution- al values, and his love of efficient administration, NEWS LETTER 'SfRINC/S1 MMER 2004 I

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