Malcolm Lucas

Malcolm Millar Lucas (April 19, 1927 – September 28, 2016) was an American jurist and attorney who served as the 26th Chief Justice of California. He previously served as a trial judge on the Los Angeles County Superior Court and United States District Judge of the United States District Court for the Central District of California.

For the Welsh footballer, see Mal Lucas.
Malcolm M. Lucas
26th Chief Justice of California
In office
1987–1996
Appointed byGeorge Deukmejian
Preceded byRose Bird
Succeeded byRonald M. George
Associate Justice of the California Supreme Court
In office
1984–1997
Appointed byGeorge Deukmejian
Preceded byFrank K. Richardson
Succeeded byJohn Arguelles
Judge of the United States District Court for the Central District of California
In office
July 29, 1971 – April 6, 1984
Appointed byRichard Nixon
Preceded bySeat established by 84 Stat. 294
Succeeded byWilliam J. Rea
Personal details
Born
Malcolm Millar Lucas

(1927-04-19)April 19, 1927
Berkeley, California
DiedSeptember 28, 2016(2016-09-28) (aged 89)
Los Angeles, California
EducationUniversity of Southern California (B.A.)
USC Gould School of Law (LL.B.)

Education and career

Born in Berkeley, California, Lucas earned a Bachelor of Arts degree from the University of Southern California in 1950 and a Bachelor of Laws from the USC Gould School of Law in 1953.[1]

From 1954 to 1967, he was in private practice in Long Beach, California. He practiced law with future Governor of California George Deukmejian.

From 1967 to 1971, he was a judge of the Los Angeles County Superior Court. In February 1970, Lucas was the trial judge in the prosecution of Charles Manson for the murder of actress Sharon Tate, which continued through January 1971.[2][3][4] In June 1970, Lucas had Manson removed from the courtroom due to his disruptive behavior.[5][6]

United States District Court of Appeals

On July 8, 1971, President Richard Nixon nominated Lucas to a new seat on the United States District Court for the Central District of California (based in Los Angeles) created by 84 Stat. 294. He was confirmed by the United States Senate on July 29, 1971, and received his commission the same day. His service terminated on April 6, 1984, due to his resignation.[6]

In April 1975, Lucas sat as trial judge in the complex Equity Funding civil litigation, brought after a $3 billion fraud by executives at a life insurance company.[7]

California Supreme Court

George Deukmejian appointed Lucas to the Supreme Court of California in 1984. He replaced Frank K. Richardson, former Governor Ronald Reagan's only remaining appointee on the Court.[8]

In November 1986, Lucas was retained by the voters.[9] However, Chief Justice Bird and two other liberal justices were not.

After Bird lost her retention election, Deukmejian announced on November 26, 1986 that he would elevate then-Associate Justice Lucas to the position of Chief Justice.[10] Deukmejian then announced the appointment of three new conservative Associate Justices, David Eagleson, John Arguelles, and Marcus Kaufman, thereby creating the first conservative majority on the Court in several decades.[10]

Tenure

The decisions of the Lucas Court were pro-business, affirmed death penalty sentences imposed by the trial courts, and tended to adhere to the textualist approach.[11][12] In matters of criminal law, the Lucas Court's interpretation of the law favored the government more than that of the Bird court.[10][13]

The Lucas court also reversed several pro-plaintiff landmark decisions in the context of tort law and insurance law.[10]

In 1988, Lucas implemented a practice that the justices produce opinions within 90 days of oral arguments.[14]

In September 1989, Chief Justice Lucas delivered the "State of the Judiciary" address to the State Bar of California annual meeting in San Diego, California.[15]

Personal life

On June 23, 1956, Lucas married Donna J. Fisher in Los Angeles.[16]

Retirement and death

On October 1, 1995, he announced he would retire in May 1996 to spend more time with his family.[11] After retiring from the Court, Lucas went back into private practice and became an arbitrator for JAMS in Los Angeles.[17]

Lucas died on September 28, 2016 in Los Angeles, California. He was 89.[18][19]

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References
  1. Egelko, Bob (September 29, 2016). "Malcolm Lucas, former California chief justice, dies at 89". San Francisco Gate. Retrieved May 26, 2017.
  2. "Manson Will Present Oral Arguments Today". Desert Sun (158). California Digital Newspaper Collection. UPI. 6 February 1970. p. 3. Retrieved September 24, 2017.
  3. "Judge Denies Manson Motio". Desert Sun (159). California Digital Newspaper Collection. UPI. 7 February 1970. p. 1. Retrieved September 24, 2017.
  4. "Defense Says Manson Used as a Scapegoat". Desert Sun (131). California Digital Newspaper Collection. 5 January 1971. p. 3. Retrieved September 24, 2017.
  5. "Manson Removed From Courtroom". Desert Sun (263). California Digital Newspaper Collection. UPI. 10 June 1970. p. 2. Retrieved September 24, 2017.
  6. Malcolm Millar Lucas at the Biographical Directory of Federal Judges, a public domain publication of the Federal Judicial Center.
  7. "Equity Funding Class Suit Opens". The Los Angeles Times. 1975-04-22. p. 40. Retrieved 2020-06-26.
  8. "Equity Hearing Opens". Desert Sun. California Digital Newspaper Collection. UPI. 22 April 1975. p. A2. Retrieved September 24, 2017.
  9. Hicks, Larry (18 May 1985). "Justice angered by 'partisan' politics in election of judges". San Bernardino Sun. California Digital Newspaper Collection. p. 1. Retrieved September 24, 2017.
  10. Braitman, Jacqueline R.; Uelmen, Gerald F. (2013). Justice Stanley Mosk: A Life at the Center of California Politics and Justice. Jefferson, NC: McFarland & Co. pp. 224–226. ISBN 9781476600710. Retrieved 24 December 2015.
  11. Dolan, Maura (October 1, 1995). "State Chief Justice Lucas to Retire: Courts: He will step down in May. He cites recent marriage as a chief reason for decision. Observers credit him with restoring order in wake of Bird court". Los Angeles Times. Retrieved June 5, 2017.
  12. Blum, Bill (January 1991). "California Supreme Court: Toward a Radical Middle". ABA Journal. 77: 48–52. Retrieved May 26, 2017.
  13. Dorsen, Norman, ed. (2002). The Unpredictable Constitution. New York, NY: NYU Press. p. 267. ISBN 0814719481. Retrieved May 26, 2017.
  14. "Editorial: Brown will replace his stamp on the high court, partisanship aside". Sacramento Bee. March 9, 2017. Retrieved June 5, 2017.
  15. "State Bar". Coronado Eagle and Journal. California Digital Newspaper Collection. 14 September 1989. p. 21. Retrieved September 24, 2017.
  16. "Marriage Licenses, Los Angeles County". Long Beach Independent. Newspapers.com. July 6, 1956. p. 33. Retrieved September 24, 2017. Paid subscription access.
  17. "In Memoriam: JAMS Remembers Chief Justice Malcolm M. Lucas (Ret.)". JAMS ADR Los Angeles. September 30, 2016. Retrieved May 26, 2017.
  18. White, Jeremy B.; Cadelago, Christopher (September 28, 2016). "Former California Chief Justice Malcolm Lucas dies at 89". The Sacramento Bee. Retrieved 2016-10-01.
  19. Dolan, Maura (September 29, 2016). "Former Chief Justice Malcolm Lucas, who steered state's top court to the right, dies at 89". Los Angeles Times. Retrieved 2016-10-01.

Further reading

Photos and video

See also
Legal offices
Preceded by
Rose Bird		 Chief Justice of California
1987–1996		 Succeeded by
Ronald M. George
Preceded by
Frank K. Richardson		 Associate Justice of the Supreme Court of California
1984–1987		 Succeeded by
John Arguelles
Preceded by
Seat established by 84 Stat. 294		 Judge of the United States District Court for the Central District of California
1971–1984		 Succeeded by
William J. Rea
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