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2006 Cal. Sup. Ct. Hist. Soc'y Newsl. 1 (2006)

handle is hein.journals/casrecths2006 and id is 1 raw text is: =* THE CALIFORNIA SUPREME COURT Historical Societ NEWSLETTER SPRING/SUMMER 2006 A Short, Biased History of Division Six BY HON. ART H U R G ILBE RT Officially, Division Six of the Second District came into existence in 1982. In fact, the division had been created by the legislature a few years earlier along with other divisions throughout the state. However, a Superior Court judge held that legislation unconstitu- tional. Luckily, he was reversed, and here we are. We are the northern outpost of the Court of Appeal's Second District. The six other divisions are located in Los Angeles, including Division Seven which was created at the same time we were. Doesn't it stand to reason that we should have been called Division Seven? We think it best not to complain. What good would it do? Now there is a Division Eight in Los Angeles. Our jurisdiction includes Los Angeles, Ventura, Santa Barbara, and San Luis Obispo Counties. On December 27, 1982, Steven Stone was con- firmed as Division Six's first Presiding Justice, and Richard Abbe and I were confirmed as Associate Justices, by the Commission on Judicial Appoint- ments. The Commission was composed of the Chief Justice, the Attorney General, and the most senior presiding justice in our district. We were unanimously approved. Whew. Although we were then called the Santa Barbara Division of the Second Appellate District, our cham- bers came to be located in Ventura. That is where most of the attorneys are and that is where the rent was rea- sonable. Over ten years, we saved the state in excess of a million dollars in rent. For the first thirteen years of our existence, our chambers were in a prosaic office building with a picturesque view of cars speeding up Victoria Avenue. Our oral arguments, however, were held in Santa Barbara. Our first oral argument took place in the grand mural courtroom of the Santa Barbara courthouse. It is a magnificent room with impressive high-backed chairs that hearken back to a mythological time. Steve Stone looked like Prince Valiant presiding. lUnfortunately, howev- er, we had to give up the grandeur of the mural courtroom. We had trouble hearing the argument be- cause the acoustics were bad (possibly a reason to stay!), tourists in Bermuda shorts blinded us with their flashbulbs, and we had no chambers. Sharing the men's room with lawyers )nstice At1 Gilbot and litigants detracted from the mystique. So we moved oral argument to the hearing room of the Santa Barbara Board of Supervisors. Richard Abbe retired on the last day of November, 1990, and Ken Yegan was appointed the next month. Ken fit in nicely with the Division Six ethos. No coats and ties unless it's oral argument day. In August, 1994, we moved out of our drab office building and into our own courthouse on Santa Clara Street in Ventura. All three justices had a hand in the project. Construction was completed on time because of Justice Stone's leadership. The building has more character than most government structures because of Justice Yegan's design suggestions. I take credit for the windows that open, allowing real air into the cham- bers. It helps us think better. We now have oral argument in our own court- room. We also hold oral argument once a year in San Luis Obispo and Santa Barbara. With our ever-expanding caseload, the legislature wisely created a new position for our division. On April 15, 1997, Paul Coffee both paid his taxes and joined us as the first fourth justice of Division Six. He gets an A+ on the test for informality and collegiality. Justice Stone retired in January, 1999, and I became the acting Presiding Justice, or, as I was called, the tit- ular head. I was appointed the official Presiding Justice in November, 1999, but I'm still known as the titular head, an indication of modest Coitinued on page 15 NvF%%' OE P IIM JN G/SIM MIFR 200)6 I

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