Mosk Will Seek New Court Term : Decision Increases Likelihood Liberals Will Keep Majority

Justice Stanley Mosk, the senior member of the state Supreme Court, announced Monday that he will seek another term in November, ending speculation that he might step down after 22 years on the court.

Mosk’s bid for confirmation by the voters increases the likelihood that the liberal majority that has dominated the court in recent years will remain intact after this fall’s election.

The 73-year-old justice, a moderate liberal who is one of the best-known state jurists in the country, had drawn some opposition earlier, leading to predictions that he would retire rather than face a heated political battle.

Indicated Reluctance

But Mosk himself in recent months had indicated he was reluctant to step down and give the appearance of being driven from office. At the same time, criticism of Mosk has since subsided and at present he faces no organized opposition to his bid for another 12-year term.

In a brief statement, Mosk told reporters here that he plans to have no campaign chairman or committee and does not expect to solicit or accept campaign contributions. He will pay the $1,989.78 campaign filing fee--along with the 22 cents for a stamp to mail his declaration of candidacy to Sacramento, he said.

“I am confident the electorate will be able to evaluate, without paid political advertisements, my 22 years’ judicial service on the Supreme Court, my nearly six years in law enforcement as attorney general . . . and my prior experience as a trial judge,” he said.

A Democrat, Mosk was elected state attorney general in 1959, serving until 1964 when he was placed on the state Supreme Court by Gov. Edmund G. (Pat) Brown.

Tanned and Fit

Mosk, tanned and appearing fit after a recent trip to Ireland, declined to answer further questions but did say he made the decision to seek another term “within the past few days” after discussing the matter with his wife, Susan, among others.

Had Mosk decided to retire, it would have enhanced the prospect that Gov. George Deukmejian, a frequent critic of the court’s liberal bloc, would get the chance to appoint a new, more conservative majority.

Thus far, Deukmejian has made two court appointments, Justices Malcolm M. Lucas and Edward A. Panelli, both seen thus far as moderate conservatives. Both face the voters this fall but neither faces organized opposition.

Also on the ballot are three liberals, Chief Justice Rose Elizabeth Bird and Justices Joseph R. Grodin and Cruz Reynoso. All three have been targeted for defeat by conservative organizations and, according to campaign polls, Bird in particular seems in danger of being turned out by the voters.

Deukmejian himself is seeking reelection and, if he continues in office, it would be up to him to fill any vacancy on the court.

Justice Allen E. Broussard, another liberal, is not on the ballot.

Janet Byers, a spokesman for the California Coalition for Court Reform, reiterated Monday that the groups that make up the organization will continue to oppose Bird, Grodin and Reynoso, but no other justices, including Mosk.

“It looks like Mosk will have clear sailing,” Byers said. She credited Mosk with “keeping an open mind” on many issues, including the death penalty.

“And he’s certainly more experienced than anyone else on the court,” she added.

Welcome News

Mosk’s announcement was welcomed by Wendy Garfield of the Independent Citizens’ Committee to Keep Politics Out of the Court, a group supporting all of the justices on the ballot.

“We want to retain any members of the court,” Garfield said. “We think it’s got a balance now of liberals and conservatives--and a balanced court is a healthy court for the state.”

Bird, reacting to Mosk’s announcement, said: “I’m pleased that he’s joining the other five of us on the ballot; I wish him the very best.”

Asked why she thought Mosk had decided against retirement, Bird, through a spokesman, replied: “I think Justice Mosk enjoys being on the court and performing the duties of a justice. He has in the recent past indicated that this court (as currently constituted) is the most collegial court he has ever sat on. . . .”

Mosk, the author of more than 500 court opinions over the years, is generally associated with the court’s liberal bloc but is also known for his independence and occasional unpredictability.

He has been at the forefront of a nationwide movement among some state court judges to base rulings on state constitutional grounds, extending the rights of criminal defendants and other individuals beyond those required by the U.S. Supreme Court.