Panel OKs Governor’s Choice for High Court

Appellate Justice Marvin R. Baxter of Fresno, a former aide who helped Gov. George Deukmejian make hundreds of judicial appointments, was confirmed unanimously Tuesday by a state commission to fill an upcoming vacancy on the California Supreme Court.

The nomination of Baxter drew swift approval from the state Judicial Appointments Commission after witnesses at a hearing in Los Angeles praised his abilities, minimized his lack of judicial experience and hailed the prospect of the first justice from the San Joaquin Valley to serve on the high court since 1859.

Baxter’s name will be placed on the November ballot and, if approved by the voters, he will succeed Justice David N. Eagleson of Los Angeles, who is retiring in January.

The 50-year-old nominee was named to the post by Deukmejian after serving five years as the governor’s appointments secretary and then just under two years on the Court of Appeal. In all, he advised the governor on six appointments to the high court, 52 to the courts of appeal and more than 600 to California trial courts. Baxter testified briefly before the three-member commission, made up of Chief Justice Malcolm M. Lucas, state Atty. Gen. John K. Van de Kamp and Appellate Justice Lester W. Roth, senior presiding justice of the Court of Appeal.

Answering questions from Van de Kamp, the nominee firmly denied making any commitment to Deukmejian on how he would vote on any particular case or issue.

While acknowledging the prospect of “back-breaking work” in his new job, he reaffirmed his hope for a lengthy tenure on a court that has been plagued by rapid turnover through retirements, slowing its output of decisions.

Deukmejian’s nomination of his former aide had drawn some criticism because of Baxter’s relatively brief service on the bench. He drew important support at Tuesday’s hourlong hearing from a widely respected legal authority, Bernard E. Witkin of Berkeley, who praised Baxter as “one of the better opinion writers” on the Court of Appeal. Baxter’s work, Witkin said, was “well-crafted, intelligently ordered and reached decisions that seemed right to me.”

Michael J. Lightfoot, spokesman for a State Bar commission that reviewed Baxter’s nomination, reported that a survey of judges, lawyers and others showed strong support for the nominee.

Baxter received only token opposition from San Francisco lawyer Gary Michael Coutin, who reasserted claims he has made previously in court that Baxter had improperly served on the board of directors of Hastings College of the Law while a member of the judiciary. Coutin also assailed Deukmejian for appointing a “crony” to the bench.