Daughter of Mexican immigrants nominated to California Supreme Court

Gov. Gavin Newsom selected 4th District Court of Appeal Justice Patricia Guerrero, a former Latham & Watkins LLP partner, to replace Justice Mariano-Florentino Cuéllar on the state Supreme Court.

Guerrero, the daughter of Mexican immigrants who was born and raised in Imperial County, is the governor's second nominee for the high court. She has been a state appellate justice since 2017, when she was appointed by Gov. Jerry Brown.

"A keen legal mind and well-regarded jurist, Justice Guerrero's wide-ranging experience, integrity, deep respect for the rule of law and lifelong commitment to public service make her a phenomenal candidate to serve as our next California Supreme Court justice," Newsom said in a statement.

Guerrero beat out other contenders, including U.S. District Judge Yvonne Gonzalez Rogers of Oakland, known recently for her ruling in the NCAA antitrust case; 3rd District Court of Appeal Justice Elena J. Duarte, a former federal prosecutor; and Public Counsel CEO Mónica Ramírez Almadani, a former American Civil Liberties Union lawyer who worked in the U.S. Department of Justice's civil rights division.

Liberal groups had pushed for Newsom to choose a Latina to replace Cuéllar, who was the only Hispanic on the court in a state with a population that is 40% Latino.

Ramirez Almadani hailed Guerrero's selection in a statement.

"By nominating the first Latina justice to the California Supreme Court, Governor Newsom has recognized that California's diversity must be reflected in our most consequential institutions," she wrote.

"Associate Justice Guerrero has an exemplary background and will be excellent on the court, making history and inspiring so many of us, especially Latinas and women of color, who have awaited this day for far too long," Ramirez Almadani added.

Legal and political observers said Guerrero was an early front-runner, combining years of judicial experience with a compelling personal story.

Her father, George Guerrero, worked as a foreman at feedlots and was known for his skills as a cowboy. She recalls going to see him compete in rodeos.

While some advisers wanted a nominee with a background in public interest law or defense work, Guerrero was regarded as a safe choice who would satisfy a key Democratic constituency and fill a void on the court.

"She rose to the top among a deep bench," said Sonja Diaz, a civil rights attorney and founding director of the UCLA Latino Policy and Politics Initiative. "Justice Guerrero has a story that resonates."

David A. Carrillo, executive director of UC Berkeley School of Law's California Constitution Center, also praised the choice. "Justice Guerrero is an all-around good call: a respected and experienced appellate jurist, who reinforces to the court's already strong diversity, and brings some southern sunshine to the court," he said.

Guerrero is Newsom's second nominee to the state Supreme Court, and his choices mark a departure from those of his predecessor.

None of Brown's four choices for the state Supreme Court -- in his last two terms in office -- had any judicial experience, and two others, Cuéllar and Justice Goodwin H. Liu, came from academia.

Newsom, whose father was a state appellate justice, has picked two Court of Appeal justices. His first nominee was Justice Martin J. Jenkins, who had experience as a federal judge and member of the 1st District Court of Appeal.

Brown's long-term influence on the court may be less certain. Cuéllar left last fall to become president of the Carnegie Endowment for International Peace.

Justice Leondra R. Kruger is on the shortlist of candidates President Joe Biden might choose for a U.S. Supreme Court vacancy. She also has been mentioned as a possible candidate for a seat on the U.S. Court of Appeals for the D.C. Circuit if she doesn't get a spot on the high court, although several observers are not sure she would leave the state Supreme Court for that job.

Justice Liu tried unsuccessfully to persuade Newsom to appoint him as attorney general last year, so his long-term future on the court is regarded as questionable.

"There's a developing narrative about Jerry Brown's judicial appointments being departures from the norm, and Governor Newsom returning to form," Carrillo said.

Newsom's appointments resemble, in professional background if not in judicial philosophy, those of Gov. George Deukmejian, a conservative Republican who tended to choose state appellate justices for Supreme Court vacancies, he added.

Guerrero must be confirmed by the Commission on Judicial Appointments.

She attended UC Berkeley as an undergraduate and graduated from Stanford Law School in 1997. Guerrero was hired at Latham & Watkins that year and became a partner in 2007. She spent parts of 2002 and 2003 working as an assistant U.S. attorney in the Southern District of California.

Brown appointed Guerrero to the San Diego County Superior Court in 2013. She is married with two sons.

Unlike some of Brown's Supreme Court nominees, Guerrero's history as a state court judge and deep California roots makes her more likely to stick around instead of seeking another job.

Legal observers already are suggesting that Newsom, if reelected, may have a bigger impact on the state Supreme Court than Brown did.

"She's a local person," said Joseph W. Cotchett, founding founder of Cotchett, Pitre & McCarthy LLP. "I think she's going to be there for a long time."