Moreno Sworn In as Justice of California Supreme Court

Carlos R. Moreno, sworn in as associate justice of the California Supreme Court on Thursday, said he will be open-minded and approachable on the state’s highest court and decide issues without regard to their popularity.

Moreno, 52, formerly a U.S. District Court judge in Los Angeles, is the first Latino on the court in 12 years and currently its only Democrat. The three-member Commission on Judicial Appointments unanimously confirmed Gov. Gray Davis’ first appointee to the Supreme Court after a 45-minute hearing in which no one testified against Moreno.

In response to a question from Chief Justice Ronald M. George, the chairman of the commission, Moreno described himself as “a firm believer in judicial independence, with or without lifetime tenure.”

As a federal judge, Moreno had tenure for life. As a state Supreme Court justice, he will have to receive voter approval every 12 years to retain his position. He said being an elected judge will not change how he decides legal issues.

“I intend to decide the cases on the merits regardless of their popularity or which lobbying groups are behind a particular statute,” Moreno told the commission.

Moreno singled out U.S. Supreme Court Justice David Souter for praise when Atty. Gen. Bill Lockyer, another commission member, asked him about his favorite justices. Former President George Bush appointed Souter to the U.S. Supreme Court, where he has frequently voted with the court’s more liberal bloc.

Souter has “always been non-ideological, perhaps to the chagrin” of conservative Republicans, and has brought fairness, balance and compassion to the high court, Moreno said.

Moreno also said he will have no problem working with the six other justices on the court even though he has never served on an appellate panel.

He said he will be “approachable, open, and open to suggestions” and will try to persuade his new colleagues of his point of view. Moreno, regarded as a centrist, is expected to be liberal on social issues and middle-of-the-road on criminal justice matters.

“The important thing is to always remain collegial and friendly,” he said.

Court of Appeal Justice Joan Demsey Klein, the third member of the commission, asked Moreno how his “minority status” affects him as a judge.

Moreno, the son of Mexican immigrants, replied that he doesn’t perceive himself as a “Latino justice.”

“The law is the law,” he said.

But he said his life’s experiences have undoubtedly shaped his views. Moreno was reared by his mother and uncle in a two-bedroom home with four siblings in the neighborhood where Dodger Stadium now stands. His father owned a cheese and produce store on Central Avenue, and Moreno worked there on weekends and during the summers.

Moreno’s family, friends and former staff members filled the Civic Center courtroom where the confirmation hearing was held. After Davis swore him in, Moreno embraced the governor. Moreno removed his navy blue suit jacket and put on the black robe of the court, grinning. The crowd stood and applauded.

Seated in the front row of the courtroom was former California Supreme Court Justice Cruz Reynoso, the first Latino appointed to the state’s high court. Reynoso and two other appointees of former Gov. Jerry Brown were ousted in a bitter retention election in 1986.

Several speakers who testified in favor of Moreno’s confirmation described him as a man who has never forgotten his roots and has tried to mentor other minorities throughout his life. Moreno graduated from Yale University and Stanford Law School.

Retired Court of Appeal Justice Elwood Lui said Moreno opted for public service rather than a lucrative law career and excelled at everything he did.

“Judge Moreno is an American success story,” Lui said.

Fred Alvarez, a lawyer in Palo Alto who attended law school with Moreno, said he was always “a man with a mission.”

“His career is a study in focus, a study in achievement and a study in commitment,” Alvarez said.

While in law school, Moreno tutored and coached other students, Alvarez said. His appointment will inspire many, the lawyer added.

Moreno “speaks to the possibility of people who may not see those possibilities,” Alvarez said.

Bruce Ishimatsu, a Los Angeles lawyer, recalled a fishing trip he and his wife took to Cabo San Lucas with Moreno. An accident occurred at the Mexican airport, and a glass wall imploded violently into the room.

Before he knew what was happening, Ishimatsu said, Moreno pushed his wife to the ground and covered her with his body.

The incident showed that “Carlos was quick and courageous” and that “he likes her a lot more than he likes me,” Ishimatsu said, drawing laughs from the crowd. The lawyer described Moreno as “my brother.”

None of the commissioners asked Moreno about his marijuana use as a student. In a questionnaire, Moreno had told the governor’s office that he smoked marijuana occasionally when he was in college and law school, the last time 26 years ago.

Moreno takes the seat left vacant by Justice Stanley Mosk, who died in June. Mosk’s widow, Kaygey Kash Mosk, attended the hearing and posed for pictures with Moreno and his wife.

Davis said he tried to honor Mosk’s legacy by choosing someone who “shares Justice Mosk’s commitment to the Constitution and the freedoms guaranteed by it.”

He noted that a state bar committee that investigated Moreno gave him its highest rating on a unanimous vote.

Moreno will be a “great source of pride to the Latino community and every Californian who believes in hard work and the American dream,” Davis said.

Moreno takes his new position immediately.