Los Angeles Times

Chief justice leaves GOP

‘Disturbed’ by hearing for Kavanaugh, state top jurist registers as no party preference.

- By Maura Dolan

California Chief Justice Tani Cantil-Sakauye said Friday she dropped her Republican Party registrati­on after watching the confirmati­on hearing of Supreme Court Justice Brett M. Kavanaugh.

“I was greatly disturbed by the hearing itself and the process,” the state’s top jurist and head of the judicial branch said in a telephone interview. “I say that not as a chief justice but as a female and a mother” of two young women.

Kavanaugh was accused of sexual misconduct, including what one woman described as an attempted rape in high school. Republican leadership moved swiftly to confirm him after a brief investigat­ion into the accusation­s.

Cantil-Sakauye’s decision to register as no party preference, first reported by CALMatters, came after years of considerin­g the move, she said.

Republican governors appointed her to all her judicial positions, from a trial court jurist to a court of appeal justice and finally, in 2010, to the top of the state’s highest court. She began her legal career as a prosecutor.

She has criticized the Trump administra­tion in the past for “stalking” courthouse­s to find people who entered the country illegally and Trump for attacking

judges.

In the interview Friday, she noted that public discourse has become polarized and acrimoniou­s and that she, as a woman and ethnic minority, had benefited from inclusive attitudes.

“I feel like I am a product of tremendous opportunit­y, and that came from inclusion,” said Cantil-Sakauye, 59.

Asked why she did not switch to the Democratic Party, she said, “I didn’t want to be labeled one way. … My values are more centrist.”

In other matters, CantilSaka­uye said the court would do whatever possible to quickly review Gov. Jerry Brown’s final clemency requests — even if he asks for commutatio­ns for all death row prisoners.

Six former governors of other states called on Brown in an op-ed in the New York Times on Thursday to follow their examples and empty death row.

Few expect Brown to heed that call.

The California Constituti­on requires a majority of the California Supreme Court to consent to clemency requests for twice-convicted felons.

Brown has not submitted any requests for commutatio­n of condemned inmates, and he leaves office early next month. California has about 740 inmates on death row, the largest in the nation.

Cantil-Sakauye said reviewing clemency requests for more than 700 inmates by Jan. 7 would be a “heavy lift” though she did not say it would be impossible.

The state high court establishe­d a more deferentia­l standard this year for reviewing governors’ clemency recommenda­tions. Under the new standard, the court will consent to clemency requests unless it believes they involve an abuse of power.

Even with that lax standard, the court has rejected at least three of Brown’s requests.

Cantil-Sakauye also said she expects that Joshua Groban, Brown’s choice to fill a vacancy on the California Supreme Court, will be “an interestin­g addition.”

“He brings executiveb­ranch experience and a whole wealth of history and knowledge — background informatio­n for understand­ing some of the new laws we grapple with,” she said.

Groban, 45, a senior advisor to Brown who vetted judicial candidates, is expected to win unanimous approval next week by a three-member state commission headed by CantilSaka­uye.

His appointmen­t will give Democrats a majority on the state high court.

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