Daily Journal Staff Writer
Kathryn M. Werdegar announced Wednesday she will step down from the state Supreme Court after more than two decades as an associate justice. Her final day with the court is Aug. 31.
Werdegar leaves behind a legacy as a female trailblazer in the law and a jurist recognized for her defense of human rights and civil liberties.
"It's a new chapter in my life, which will have many rewards," Werdegar said in an interview. "But it is difficult. It will be very hard to leave my colleagues, but I know they will be just fine and I look forward to observing them and their work."
Praise from California leaders past and present was plentiful for the retiring justice following the announcement.
"Her service to the public has been invaluable," state Chief Justice Tani G. Cantil-Sakauye said in a statement. "We will miss her and wish her well in the next chapter to come."
Gov. Pete Wilson appointed Werdegar to the 1st District Court of Appeal in 1991. Werdegar was the only woman among the 19 justices in the district at the time.
Three years later, Wilson selected Werdegar to serve on the state's highest court.
"She will be missed and remembered by California's legal community for her lucid and highly articulate opinions," Wilson, a longtime friend of Werdegar's, said in a statement. "She has my sincere thanks for her dedication and truly distinguished service."
On the date recognized as International Women's Day, Werdegar reflected on how far she and women in general have advanced in the legal field.
Werdegar graduated top of her law school class at George Washington University but she struggled to obtain a clerkship or job.
Even when she first joined the bench, Werdegar said that lawyers would confuse her with the other female jurist at the time, Justice Joyce L. Kennard.
Werdegar proudly points out that today's California Supreme Court has four female justices. "That's been a remarkable change in my 23 years," she said.
Even though she was appointed by a Republican governor, Werdegar has sided often with justices appointed by Democrats, including former Justice Carlos R. Moreno.
Moreno said the fact that Werdegar was a Republican appointee never affected his interactions with her. "She wasn't law and order at all. I think she was very protective of the rights of criminal defendants," Moreno said in an interview.
Moreno cited how he, Werdegar, Kennard and former Chief Justice Ronald M. George held that the state Constitution protects the right of same-sex couples to marry.
"I hope I am perceived as someone who judged each case fairly, to arrive at the conclusion that precedent required," Werdegar said.
She dissented in a landmark 4-3 decision last year when the high court allowed hundreds of out-of-state plaintiffs to pursue tort claims against drugmaker Bristol-Myers Squibb Co.
Werdegar wrote that the decision "threatens to subject companies to the jurisdiction of California courts to an extent unpredictable from their business activities in California."
Werdegar said she plans to reconnect with friends and enjoy time for hikes. She did not say whether she would continue working in another capacity.
"I fully intend to share my experience and love for the law," she said.
The upcoming vacancy will give Gov. Jerry Brown the rare chance to appoint a majority of justices on the high court bench, following the appointments of Justices Goodwin H. Liu, Mariano-Florentino Cuellar and Leondra R. Kruger.
Werdegar submitted a letter Tuesday to Brown announcing her intention to retire.
"Now it is time to allow someone else that privilege and opportunity," Werdegar wrote in the letter.
kevin_lee@dailyjorunal.com
Kevin Lee
kevin_lee@dailyjournal.com
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