Deukmejian Considers 2 More for High Court

Gov. George Deukmejian said Friday he is considering two more state appellate justices--one his former appointments secretary--among the candidates to succeed retiring Justice David N. Eagleson on the California Supreme Court.

The governor submitted the names of appellate justices Marvin R. Baxter, 50, of Fresno, and Reuben A. Ortega, 48, of Huntington Beach, to a commission of the State Bar for evaluation. Deukmejian said he also is considering five other appellate judges already evaluated for previous vacancies on the high court.

Baxter served in the Deukmejian Administration for five years, assisting in all gubernatorial appointments--including the selection of more than 600 judges in California. Ortega, like Baxter a former prosecutor, was the third-ranking official in the Los Angeles County district attorney’s office in 1983 and 1984. Both were named to the Court of Appeal by Deukmejian in 1988.

In brief interviews, both indicated Friday that if named to the high court, they would expect to serve significantly longer terms than three recent Deukmejian appointees. The relatively rapid turnover on the court has been a source of concern to legal observers, who note the resulting disruption contributes to the justices’ struggle to cope with a heavy backlog of cases.

Asked about the issue, Ortega said: “If I were appointed to the court and won the voters’ approval, I would plan to be there well into the next century.”

Baxter noted that under the state judicial pension program, he would have no incentive to retire until he nears age 70 and completes 20 years on the bench. He said he had joined the Court of Appeal intending to serve as long as physically able--and would do the same if named to the high court.

“I have loved serving on the court and can’t think of anything more exciting than that,” Baxter said.

Eagleson’s recent announcement of retirement marked the departure of the last of three justices the governor named in 1987 to succeed former Chief Justice Rose Elizabeth Bird and two other court members defeated in the November, 1986, election.

Justice John A. Arguelles stepped down in March, 1989, at age 61 and Justice Marcus A. Kaufman, 60, retired in January. Kaufman, meeting with reporters last month, speculated that he, Arguelles and Eagleson, 65, had been viewed as “interim appointments” by the Administration. “It may have been anticipated we would not stay a long time,” he said.

The appointments of Arguelles, Eagleson and Kaufman--all long-experienced jurists--had enabled the governor to bring a sense of stability to a high court hit hard by the bitter 1986 election campaign. The governor had previously named to the court Justice Malcolm M. Lucas, who became chief justice, and Justice Edward A. Panelli.

Deukmejian named Joyce L. Kennard, 48, to succeed Arguelles and Armand Arabian, 55, to succeed Kaufman. And now, the selection of Baxter, Ortega or some other relatively young jurist--such as 50-year-old Ronald George of the state Court of Appeal in Los Angeles--enables the governor to name another court member likely to serve many years.

“George Deukmejian is going to leave his stamp on the Supreme Court of this state for a long time,” observed Robert H. Philibosian, a former Los Angeles County district attorney and close associate of the governor.

The State Bar commission has 90 days to review the candidacies and return its nonbinding findings to Deukmejian. The governor then would select a nominee and send the name to the state Judicial Appointments Commission by Sept. 16.

If confirmed by that commission, the nominee would face confirmation by the voters in November and, with the electorate’s approval, take office in January when Eagleson steps down.

Although Baxter’s close association with the governor would appear to make him the front-runner, a Deukmejian aide said neither Baxter nor Ortega should be viewed as having an edge over other candidates already evaluated by the commission.

The other candidates include appellate justices:

George, a one-time prosecutor who as a Superior Court judge presided over the murder case of Hillside Strangler Angelo Buono.

Carl West Anderson, 54, of San Francisco, a former lobbyist for police and prosecutors and known for his judicial administrative abilities.

Patricia D. Benke, 41, of San Diego, a previous favorite who subsequently expressed reluctance to move to the court’s headquarters in San Francisco.

J. Walter Croskey, 56, of Los Angeles, known for his independence and scholarship in civil issues.

Fred W. Marler, 58, of Sacramento, a former Republican state senator.

Although neither Baxter nor Ortega have had long experience on the appellate bench, they are believed to hold the same moderately conservative judicial views as other Deukmejian appointees to the high court.

“Both share the governor’s philosophy from the top of their heads to the soles of their feet,” remarked Philibosian, who has worked closely with both men. “Either would fit the tradition of (Justices) Malcolm Lucas or David Eagleson.”

Baxter, who like Deukmejian is of Armenian heritage, received his law degree from Hastings College of the Law in San Francisco, served as a deputy district attorney and practiced law in Fresno.

After serving as Deukmejian’s appointments secretary, he was named to the Court of Appeal by the governor in 1988 and confirmed by the Judicial Appointments Commission despite complaints from some women lawyers in Fresno that the Administration failed to name enough women to the judiciary.

Ortega received a law degree from Georgetown University, served as a deputy district attorney in Los Angeles, practiced criminal defense law and then returned to become assistant district attorney under Philibosian. He was named to the Los Angeles Superior Court in 1984 and then to the Court of Appeal four years later.

As a top administrator in the district attorney’s office, Ortega was in charge of a program to crack down on child-support law violations. He also administered an affirmative-action program in which one-third of the prosecutors hired in a two-year period were from racial minority groups and nearly half were women.

If selected for the current vacancy, Ortega would become the third Latino to serve on the high court. Justice Cruz Reynoso, defeated in the 1986 election, was the first, and Arguelles the second.