In interviews with California legal newspapers published today, Governor Jerry Brown has defended Leondra R. Kruger, his most recent appointee to the state Supreme Court. The governor’s remarks come a week before Ms. Kruger’s scheduled December 22 confirmation hearing before the Commission on Judicial Appointments (catch it at 10:45 a.m. on the California Channel). Kruger is presently a U.S. Department of Justice attorney in Washington, D.C., where she formerly served as an assistant Solicitor General and acting principal deputy Solicitor General.
The governor’s selection of Kruger for the high court has drawn criticism from more than one quarter, which is likely what prompted his remarks to the media. As we previously noted, retired Court of Appeal Justice Rick Sims has criticized the selection in a Daily Journal [subscription required] op-ed piece on the ground that, while brilliant and accomplished, Kruger lacks judicial experience and is unfamiliar with California law. And former Assembly Speaker and former San Francisco mayor Willie Brown criticized the governor’s pick of Kruger, who is African-American, in a San Francisco Chronicle op-ed piece on the ground that surely a qualified African-American could have been found within the borders of the Golden State.
In an interview published in today’s Daily Journal [subscription required], Brown responded. Of Sims’ criticism he was dismissive, saying: “If that’s what you are going to cite as criticism, I would say this appointment is beyond reproach.” According to this Wall Street Journal LawBlog summary, the governor expressed his view that both Kruger and recently confirmed Justice Mariano-Florentino Cuellar “ ‘could make a very important contribution to the law of California.’ ” Of Willie Brown’s criticism, the governor observed laconically that it was “mild.”
According to the Sacramento Bee, the governor also gave an interview to The Recorder [subscription required]. Of Kruger’s lack of judicial experience, he said: “‘There can be judges who sit on the court for a long time. You can compare their body of work and you can compare hers. . . . And I think she stands very tall.’ ” The governor also rejected the suggestion that he has overlooked sitting California judges with his Supreme Court appointments, calling the assertion “ ‘logically deficient.’ ” He explained: “ ‘The fact that I find someone outstanding doesn’t mean there aren’t other outstanding people. . . . I just didn’t happen to pick them.’ ”