The Mercury News

Oakland man up for high court

If appointed, court would have first openly gay justice

- By Maggie Angst mangst@bayareanew­sgroup.com

Gov. Gavin Newsom on Monday introduced Oakland resident Justice Martin Jenkins as his nominee to become the California Supreme Court’s first openly gay justice, calling him a champion of equality across racial and gender divides.

If appointed, Jenkins also would be the third Black man ever to serve on the state’s highest court.

“Martin Jenkins is both a product and a protector of the California dream,” Newsom said during a news briefing on Monday, adding that Jenkins has “spent a lifetime overcoming odds, breaking down barriers and blazing new trails.”

“As a lawyer and a judge, he’s built an irreproach­able reputation as a person of fortitude and fairness, a man of inner strength, grace and compassion who knows that despite what the Declaratio­n says — life, liberty and the pursuit of happiness are not simply inalienabl­e,” the governor added. “They must be relentless­ly protected and defended.”

Jen k i n s wou ld fill the vacancy created by California Supreme Court Justice Ming W. Chin — the first Chinese American justice on the court and its most conservati­ve member — who retired on Aug. 28 at the age of 78. As a Democrat, Jenkins would bolster the Democratic majority on the state’s seven-member Supreme Court.

During Monday’s briefing, Jenkins thanked Newsom for “seeing him” for who he is as an openly gay Black man and promised to do his best to “dispatch the enormous responsibi­lities that encompass this great office.”

“I’m not here in spite of the struggle, I am here because of the struggle,” Jenkins said. “It is deep in my character, has afforded me sensibilit­ies of the world and about people who are not so willing to accept that people can love differentl­y than they do but neverthele­ss love sincerely, genuinely and effectivel­y.”

Jenkins, 66, of Oakland, was born in San Francisco and grew up cleaning office buildings and churches with his father, who worked as a clerk and janitor for the city and county of San Francisco. He graduated from Santa Clara University in

1977 and played a brief stint in the NFL with the Seattle Seahawks, before deciding that he wanted to pursue a career in law.

He earned a Juris Doctor degree from the University of San Francisco School of Law and started his career as a prosecutor for the Alameda County District Attorney’s Office.

Throughout his career,

Jenkins has served a wide variety of roles in the state’s judicial system — from litigating civil rights cases for the U.S. Department of Justice to serving as a judge on the Alameda County Superior Court and the Oakland Municipal Court.

Then-President Bill Clinton nominated him in 1997 to serve on the United States District Court for the Northern District of California, and later former California Gov. Arnold Schwarzene­gger nominated him to to serve on California’s

First District Court of Appeals. He was appointed each time.

He came out of retirement to serve as Newsom’s judicial appointmen­ts secretary, where he appointed 45 jurists with the goal of helping to promote diversity and build a judiciary that reflects the population­s in those communitie­s and played an integral role in promoting transparen­cy so that for the first time in state history, the individual­s who provide feedback on judicial candidates for nomination

and appointmen­t will be known to the public.

Saundra Brown Armstrong, senior judge of the U.S. District Court, Northern District of California, called Jenkins “a courageous jurist who is not haunted or immobilize­d by the fear of being wrong, nor is he struck with a sense of his own immutable correctnes­s.”

“With each of his successes, he has worked to create in his wake an easier path forward for others,” Armstrong said in a

statement. “… Importantl­y, Justice Jenkins never loses sight of the fact that, behind every case file, stand people who will be impacted by his decision.”

Equality California Executive Director Rick Chavez Zbur called Newsom’s appointmen­t of the state’s first openly gay supreme court justice “a monumental step forward for the LGBTQ+ community and for our entire state.”

“Not only is Justice Jenkins exceptiona­lly qualified and an outstandin­g choice

for California’s highest court, but he embodies the values of our great state,” Chavez Zbur said. “Governor Newsom is setting a national example as he works to ensure California’s government reflects the diversity of the people they serve.”

Jenkins’ nomination will be submitted to the State Bar’s Commission on Judicial Nominees Evaluation and must be confirmed by the Commission on Judicial Appointmen­ts. The annual compensati­on for the position is $261,949.

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