Justice Marvin Baxter announced this morning that he will not seek reelection in November. His term will thus expire on Monday, January 5, 2015. Justice Baxter has served on the Supreme Court for 24 years.
Justice Baxter said in a statement that he has been “privileged to have such an interesting and fulfilling career in the law, serving as a deputy district attorney, in private practice, as Appointments Secretary to Governor George Deukmejian, and as an Associate Justice on the California Court of Appeal and Supreme Court.” He said he and his wife “look forward to an active retirement and will focus our time and attention on family and friends, traveling, hobbies, and charitable activities.”
Chief Justice Cantil-Sakauye lamented Justice Baxter’s impending retirement: “I was very fortunate when I became Chief Justice to have the quiet-spoken and reflective Justice Baxter on my left-hand side not only on the Supreme Court but also on the Judicial Council. I will miss his sage advice and counsel.”
With Justice Baxter’s retirement and the current vacancy created by Justice Kennard’s retirement earlier this year, Governor Brown will soon have the opportunity to add his second and third appointees to the current court. Technically, probably only one of them will be an appointee; Justice Baxter’s replacement will likely be a nominee. This is because of the different ways that Justices Kennard and Baxter have chosen to leave the court: Justice Kennard by resignation and Justice Baxter by expiration of his term.
When a justice declines to run for reelection, the governor has until September 16 of the election year to “nominate a candidate” who, if confirmed by the Commission on Judicial Appointments, will appear on the November ballot. The governor’s appointee to succeed Justice Kennard, however, might not appear on the ballot for another four years, depending on the timing of the appointment.
It is unclear whether the governor can forego nominating a candidate for Justice Baxter’s seat and then appoint a new justice when Justice Baxter’s term expires in January, which would allow that appointee to avoid facing the voters until 2018. The constitution doesn’t seem to allow that option; it provides that the governor “shall” nominate a candidate by September 16 when a justice decides not to seek reelection.