Chesney Is Known as a Cautious Judge

Maxine Chesney, the federal judge who halted the execution of convicted double-murderer Jaturun Siripongs, has established a reputation as a cautious jurist who isn’t afraid to make controversial decisions.

Appointed to the northern district of California by President Clinton in 1995, the 56-year-old Chesney is a former San Francisco prosecutor who created the first sexual assault crimes unit in the country.

As a state judge in a significant 1992 case, she declared unconstitutional a California law requiring minors to secure parental or judicial consent for abortions.

Attorneys who argue cases regularly in Chesney’s San Francisco courtroom said they aren’t surprised by her unexpected decision in the Siripongs case, noting that she stands firm on what she thinks is right.

“She is not terribly assertive in public. But [she is] quite assertive in what she believes to be correct,” said Ephraim Margolin, a San Francisco attorney and past president of the National Assn. of Criminal Defense Lawyers.

Chesney issued a temporary restraining order Monday that blocked Siripongs’ execution less than six hours before he was scheduled to die by lethal injection Tuesday at San Quentin. The federal 9th Circuit Court of Appeals and the U.S. Supreme Court rejected efforts by the state to lift the stay.

Chesney will hold a hearing in December to discuss whether Gov. Pete Wilson may have misled Siripongs’ lawyers about what information Wilson would consider in deciding whether to grant clemency.

Her decision immediately brought criticism. Wilson spokesman Ron Low called Chesney’s ruling “clearly flawed,” while Atty. Gen. Dan Lungren said “the court has overstepped its constitutional authority.”

But others, including death penalty opponents, praised Chesney for being cautious before sending a man to his death.

Attorneys who work with Chesney say she is unaccustomed to the spotlight.

“She doesn’t seek attention,” Margolin said. “She doesn’t get superstar treatment because she’s not looking for it.”

Added Barry Portman, federal public defender for the northern district: “She is generally considered as cautious in reaching her decision.”

Chesney began her career as a jurist in 1979 when then-Gov. Edmund G. “Jerry” Brown Jr. appointed her to San Francisco Municipal Court.

In 1983, Brown appointed Chesney to a San Francisco Superior Court judgeship, where she served until 1995.