Joyce L. Kennard

From Wikipedia, the free encyclopedia

Joyce Luther Kennard (b. May 6, 1941) is an associate justice on the California Supreme Court (appointed 1989 by Gov. George Deukmejian). Born in a Japanese concentration camp in the province of West Java in Indonesia, English is not her native language; she speaks it with a slight Dutch accent. The longest-serving justice sitting on the Court, Justice Kennard has been retained by California's voters three times--in 1990, 1994 and 2006.

Justice Kennard immigrated to Los Angeles in 1961. In 1974, she graduated with a Juris Doctor from the Gould School of Law at the University of Southern California, where she also earned a Bachelor's Degree in German and a Master of Public Administration. Born to a family of modest means, Justice Kennard worked as a secretary to pay for her education.

After graduating from law school, Justice Kennard's rise within the California court system was and is often described as, "meteoric." Appointed to the Los Angeles Municipal Court in 1986, Kennard was elevated in 1987 to the California Superior Court and elevated again, in 1988, to the California Court of Appeal. Finally, in 1989, Governor George Deukmejian appointed her to the California Supreme Court. Upon taking her oath, Justice Kennard became the second woman and the first Asian American to serve as a justice on the Court.

During her time on the bench, Justice Kennard has authored numerous high-profile opinions, the best-known of which is Kasky v. Nike, 27 Cal. 4th 939 (2002). In that case, the California Supreme Court held that Nike could not claim a First Amendment "commercial free speech" defense when charged with lying about sweatshop conditions in its overseas manufacturing plants. The U.S. Supreme Court granted certiorari, apparently[citation needed] at the urging of Justice Anthony Kennedy, who wanted to reverse[citation needed]. Harvard Professor Laurence Tribe, who had criticized the California Supreme Court's decision, represented Nike. But ultimately, the U.S. Supreme Court declined to render an opinion, instead letting the California Supreme Court's decision stand.

Justice Kennard has a reputation for aggressive questioning during oral argument[citation needed]. She does not hesitate to ask long and complicated questions--often speaking for minutes at a time before prompting an attorney to respond. Like her retired counterpart from the Supreme Court of the United States, Justice Sandra Day O'Connor, Justice Kennard often asks the first question in a given case.

Her leg having been amputated when she was a teenager, Justice Kennard walks with the help of a prosthesis.

In 1999, the San Francisco Chronicle reported Justice Kennard was pulled over by the California Highway Patrol after one of her tires suddenly flattened, causing her car to shimmy. Though initial suspicion suggested Kennard might have been intoxicated[citation needed], she was not charged with an offense.