No real surprise at this site that California Supreme Court Chief Justice Ronald George decided to hang up his robe. A number of columns here have hinted at the possibility.
In December, Joe Mathews conjectured in his end of the year "office pool predictions" that a number of things might happen this year but listed first was "when Chief Justice Ronald M. George unexpectedly retires, sparking a fight over his successor."
In 2008, I wrote the Chief Justice would be in the spotlight for his vote in favor of gay marriage and that at 70 years old in 2010, he might not want to go through the stress of an emotional retention election.
Other issues were touched on as possible obstacles George may not want to debate in a retention election. I mentioned in a column early this year his concern with the initiative process and the two-thirds vote on taxes. This was after Mathews, in a piece titled "The George Retention," cited George’s "courage" to take on big issues that might mean "attracting an aggressive campaign to remove him from his job."
Whether George wanted to avoid a retention election battle, or felt it was an appropriate time to step down for family reasons, he has left the door open for Governor Arnold Schwarzenegger to fill the chief justice’s chair.
Schwarzenegger should not look at his appointment opportunity as a foundation stone for his legacy. Too many times in history an executive has appointed someone to the bench and then was mystified by the rulings that did not follow that executive’s philosophy.
Look no farther than California’s one time governor and later United States Supreme Court Chief Justice, Earl Warren. Years after Warren became Chief Justice, President Dwight Eisenhower said his selection of Warren was one of his biggest mistakes.
With George’s announcement only minutes old, you could already hear Republicans wondering aloud if the governor would even appoint a Republican to fill the post. Over the years, some Republicans have criticized Schwarzenegger for appointing too many Democrats to the bench.
However, the governor cannot avoid thinking about legacy at this point in his term. And, he will probably look toward a justice who he believes will uphold his efforts of reforming the political system. Whether it be challenges to redistricting reforms, top two primary, pension reforms … Schwarzenegger will tap someone he believes will sustain reforms.
Then, the governor will have to see if his selection lives up to his expectations.