Malcolm Lucas

Malcolm Millar Lucas (born April 19, 1927 in Berkeley, California) was the 26th Chief Justice of the Supreme Court of California. He was appointed to the position after his predecessor, Rose Bird, was removed by the electorate in 1986 for reasons including her staunch opposition to capital punishment, which was reflected in her voting for reversal in all 61 death penalty appeals that came before the Court during her tenure.

Born in Berkeley, California, Lucas earned a B.A. from the University of Southern California in 1950 and an LL.B. from the University of Southern California Law School in 1953. He was in private practice in Long Beach, California from 1954 to 1967. He was a judge on the Superior Court, Los Angeles, California from 1967 to 1971.

On July 8, 1971, Lucas was nominated by President Richard M. Nixon to a new seat on the United States District Court for the Central District of California (based in Los Angeles) created by 84 Stat. 294. He was confirmed by the United States Senate on July 29, 1971, and received his commission the same day. Lucas served on that court until he was tapped to join the Supreme Court of California in 1984. He replaced Frank K. Richardson, former Governor Ronald Reagan's only remaining appointee on the Court.

In an odd coincidence, George Deukmejian was reelected Governor in the same 1986 election that ejected Chief Justice Bird and two other liberal justices from the state supreme court; Deukmejian and Lucas had once practiced law together many years earlier in Long Beach. Thus, Deukmejian was able to appoint then-Associate Justice Lucas, his old friend and law partner to the position of Chief Justice. Deukmejian then appointed three new conservative Associate Justices, David Eagleson, John Arguelles, and Marcus Kaufman, thus creating the first conservative majority on the Court in several decades.

In stark contrast to the interpretive tendencies of the Bird court, the decisions of the Lucas court tended to adhere to the textualist approach, interpreting the law in strict accordance with its written meaning and precedent. An effect of this tendency was that in matters of criminal law, the Lucas court's interpretation of the law favored the state government more than that of the Bird court. The Lucas court also reversed several pro-plaintiff landmark decisions of the Bird court in the context of tort law and insurance law.

After retiring from the Court, Lucas went back into private practice and became an arbitrator for JAMS in Los Angeles.

External links

• Malcolm M. Lucas profile on JAMS Web site
• Malcolm Lucas at the Biographical Directory of Federal Judges, a publication of the Federal Judicial Center.