Kennard Seeks Her Own Way on High Court

SAN DIEGO —  Justice Joyce L. Kennard, strengthening the belief that she may provide pivotal votes on the state Supreme Court, says she has established a “streak of independence” since joining the court last April.

“I can assure you I am not a token presence,” Kennard, the court’s only female member, said in an appearance Friday night before the California Women Lawyers, most of whom were here for the annual meeting of the State Bar of California.

During the Bar’s gathering on Saturday, its Conference of Delegates adopted a resolution urging state lawmakers to reject attempts to weaken privacy and abortion rights, should the U.S. Supreme Court cut back on such rights under the federal Constitution.

Kennard’s remarks Friday, made in her first major public speech since joining the high court, indicated she may frequently serve as a centrist “swing” vote on the conservative-led state court.

Kennard, 48, was the surprise choice of Gov. George Deukmejian to succeed Justice John A. Arguelles, who retired from the state high court last March.

At the time, she was generally expected by legal experts to follow the same moderately conservative path of the four other Deukmejian appointees to the court. But her relatively brief judicial record--three years as a trial and appellate court judge--still left considerable uncertainty about her philosophical views.

Unexpected Votes

Since joining the high court, Kennard has often joined with the conservative majority. But, somewhat unexpectedly, she also has sided with liberals in some notable instances.

For example, in her first majority opinion, she upheld the death sentence of a convicted killer. But in another case, with three conservative justices vigorously dissenting, she wrote a lead opinion that sharply limited the ability of prosecutors to bring second-degree felony-murder charges against the provider of an illegal drug that results in the death of the user.

In another case, Kennard broke ranks with the conservative majority when the court widened the power of municipalities to use zoning ordinances to restrict the location of theaters that show sexually explicit movies. In her dissent, Kennard expressed concern that the legal standards the court set were too vague for theater owners to follow.

In her speech, Kennard warmly praised the other members of the high court but, without discussing any particular cases, emphasized her intention to chart an independent judicial course.

“The votes I have cast in certain decisions and opinions I have authored have established a streak of independence,” she said. “This independence did not stem from a desire to disagree. I did what I did because, as I saw it, the law and facts dictated a particular result in a particular case.”

Welcomes Gains of Women

Kennard also welcomed the gains women have made in recent years in the legal profession--a part of her speech that drew an enthusiastic reception from her audience.

“How nice it is to see so many women in their proper place--here at the State Bar . . . rubbing elbows with the ‘old boys,’ ” she said with a smile.

Kennard is the second woman to serve on the state high court. The first, Chief Justice Rose Elizabeth Bird, left office after being denied reconfirmation by voters in the November, 1986, election.

Meanwhile, the Conference of Delegates’ adoption Saturday of the resolution designed to protect abortion rights in California came by an overwhelming voice vote.

The measure was passed as an expression of sentiment from the 500-member Conference, which is composed mainly of representatives of local Bar associations. The resolution would become official policy of the Bar if approved later this year by the Bar’s Board of Governors.

One of the proponents, Grace E. Emery of Santa Ana, told fellow delegates she is “pleased and proud” the measure was supported by the delegation from Orange County, “the land of rugged individualism and the home of John Wayne.”

“Keep the government off our backs and out of our bedrooms,” Emery declared.

During a brief discussion of the issue, no delegates spoke against the resolution. But afterward, Andrew Landay, a Los Angeles lawyer, told reporters he was dismayed that the measure passed.

“I’m all for choice, but the choice has to be made before intercourse,” Landay said. “The right to privacy shouldn’t have precedence over the right to life.”