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Letters

Dec. 27, 2023

Addressing some missing points about the Daily Journal’s report on the California Supreme Court Historical Society publications

The California Supreme Court Historical Society strives to offer balance in the viewpoints expressed in its two publications — an annual journal, California Legal History, and a semiannual magazine, the Review.

Daniel M. Kolkey

Gibson Dunn & Crutcher LLP (ret.)

Email: dkolkey@gibsondunn.com

Daniel was counsel to Gov. Pete Wilson, a negotiator for Gov. Arnold Schwarzenegger, and a former associate justice of the California 3rd District Court of Appeal.

I enjoyed your December 20 story about the recent essay published by the California Supreme Court Historical Society regarding the impact of California's criminal justice reforms on crime ("California Supreme Court Historical Society publication casts sharp gaze on recent criminal justice reforms").

However, I would like to point out that the Society has two separate publications -- an annual journal, California Legal History, and a semiannual magazine, the Review. The essay discussed in your story about the impact of the state's realignment legislation and recent statutory measures on crime was in the latest issue of California Legal History.

Your story also could have mentioned, which has since been included in your online version, that the essay that you reference in the current issue of the Review defending Serranus Clinton Hastings -- California's first chief justice -- was published in response to an article in the immediately prior issue of the Review, which had defended the removal of the name of Hastings from the law school that bore his name. Likewise, your story could have mentioned that this year's issue of California Legal History explained that contrasting viewpoints on California's criminal justice system would be offered in its next issue. In short, the Society strives to offer balance in the viewpoints expressed in its publications.

I also note that California Legal History has been revamped to include highly relevant legal history. For instance, the new issue also includes the first-ever history of the crime victims movement in California -- a group that previously had no constitutional right to be heard -- written by an attorney (and later judge) who played an integral part in that movement.

And the new issue of the Review includes, beyond the article on Hastings, an article about recently departed Presiding Justice Norm Epstein, a book review of James Brosnahan's "Justice at Trial: Courtroom Battles and Groundbreaking Cases," and another essay addressing the origins of the California Academy of Appellate Lawyers.

Finally, because your story only provided a link to the current issue of the Review, and not to the journal, please note that the link to the new issue of California Legal History is as follows: https://www.cschs.org/publications/california-legal-history.

- Daniel M. Kolkey President, California Supreme Court Historical Society

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