Broussard Calls on Wilson to Replace Him With Black

Justice Allen E. Broussard has urged that Gov. Pete Wilson name another black jurist as his replacement when he retires in August from the state Supreme Court.

Broussard, only the second black to serve on the high court and one of its leading liberal members for a decade, on Thursday confirmed remarks attributed to him during a recent dinner held in his honor in Sacramento.

At the gathering, Broussard called on Wilson to maintain the ethnic balance of the court, pointing out that nationwide, there are only 13 states whose highest courts include black justices. “And in the last two years, three of those 13 justices who are black have left the bench and in each instance . . . they have been replaced by a black,” he said.

“Tell the governor that we know that California is a state that knows how, and that California will show the way,” Broussard said. “We would ask that he consider very favorably the opportunity that we have to maintain that tradition.”

Broussard’s remarks were regarded as unusual, in that departing high court jurists have rarely taken an active and public role in the selection of their successors. But as Wilson moves closer to making a choice, he is expected to be under strong pressure to name another black or member of another racial minority as Broussard’s successor.

The 62-year old justice made the remarks before the Wiley W. Manuel Bar Assn., named on behalf of the late jurist who was the first black member of the California Supreme Court. The remarks were reported in the May 29 edition of The Daily Recorder, a Sacramento legal newspaper.

On Thursday, Broussard confirmed the remarks but declined to elaborate on his call for a black successor, except to say that he had not discussed the matter personally with the governor.

The justice said the remarks were made spontaneously in response to the tribute he was receiving and that he had not decided whether to reiterate them in further appearances. Aides of the governor were not immediately available for comment.

In the history of the court, Broussard and Manuel have been the only black jurists to serve and former justices John A. Arguelles and Cruz Reynoso the only Latinos. Justice Joyce L. Kennard, the daughter of an Indonesian mother and Dutch father, currently sits on the court with Broussard and five white justices.

Broussard, the last remaining appointee of Democratic former Gov. Edmund G. Brown Jr., said this week he will leave the court Aug. 31.

Under the procedures for selecting a successor, Wilson will send the name or names of prospective candidates to a special commission of the State Bar for a non-binding evaluation, expected to take up to 90 days. Then the governor would select a nominee, who in turn would be subject to confirmation by the state Judicial Appointments Commission.