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Phil S. Gibson

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For the Australian footballer, see Phil Gibson (footballer).
Phil Sheridan Gibson
22nd Chief Justice of California
In office
June 19, 1940 – August 30, 1964
Appointed byGovernor Culbert Olson
Preceded byWilliam H. Waste
Succeeded byRoger J. Traynor
Associate Justice of the California Supreme Court
In office
October 2, 1939 – June 19, 1940
Appointed byGovernor Culbert Olson
Preceded byWilliam Langdon
Succeeded byRoger J. Traynor
Personal details
Born(1888-11-28)November 28, 1888
Grant City, Missouri, U.S.
DiedApril 28, 1984(1984-04-28) (aged 95)
Monterey County, California, U.S.
Spouse
Jessie Lee Parkhurst
​
​
(m. 1922; death 1951)​

Victoria Gibson
ChildrenBlaine Gibson
Alma materUniversity of Missouri (A.B., LL.B.)

Phil Sheridan Gibson (November 28, 1888 – April 28, 1984) was the 22nd Chief Justice of California for more than 24 years.

Early life and education

Gibson was born in Grant City, Missouri on November 28, 1888.[1] He was the son of William Jesse and Mollie (Huntsman) Gibson. He attended the University of Missouri, graduating in 1912 with an A.B. and in 1914 with a LL.B..[2][3][4] During college, he served as the secretary to the school's athletic director, Chester Brewer.[5]

In June 1914, on his graduation from law school he formed a partnership with David H. Robertson in Mexico, Missouri, and in November 1914 he was elected the Prosecuting Attorney of Worth County, Missouri.[6][7][3] In April 1918, during World War I, Gibson was commissioned a Lieutenant in the 137th Infantry of the American Expeditionary Force, and later that year was posted to the front.[8][9][10] After the war, he studied at the Inns of Court in London.[11] Discharged from the service in 1920, he joined his brother in Denver, Colorado, and practiced law for two years.

In 1922, Gibson moved to Los Angeles, establishing a practice, teaching at Southwestern Law School, and becoming active in Democratic politics. He served as a campaign advisor to Culbert Olson in 1938, and in December of that year the governor rewarded him with the position of Director of Finance.[12][13] Then, in August 1939, Olson appointed Gibson as an Associate Justice to the Supreme Court of California to fill the vacant seat of William Langdon.[14][15] Among Gibson's notable cases as an Associate Justice was his dissent from a contempt citation for commenting on judicial proceedings. On January 31, 1940, in a 5-2 decision by Jesse W. Curtis Sr., the court upheld the contempt ruling against the Los Angeles Times, rejecting the argument that it had a First Amendment right to criticize the court.[16] Gibson dissented, joined by Douglas L. Edmonds.[17] Upon appeal, in a 5-4 opinion by Justice Hugo Black, the U.S. Supreme Court reversed in Bridges v. California.[18]

In June 1940, Chief Justice William H. Waste died in office, and Governor Olson appointed Gibson to the position.[19][20] Gibson served as Chief Justice from June 19, 1940, to August 30, 1964, the second longest term in that office, behind only William H. Beatty who served 25 years.[4] At the time of Gibson's appointment, he was the second youngest Chief Justice in the court's history.[21] In November 1940, Gibson ran successfully for re-election to a full 12-year term.[22][23] Again in November 1952, he was re-elected for another 12 years.

Gibson's notable cases as Chief Justice include his 1944 opinion in Ybarra v. Spangard concerning the negligence doctrine of Res ipsa loquitur in torts. In 1948, he voted with the 4-3 majority in Perez v. Sharp that the state's ban on interracial marriage violated the 14th Amendment of the United States Constitution. In April 1952, he wrote the decision in Sei Fujii v. California striking down the California Alien Land Law of 1913 as a violation of the 14th Amendment to the U.S. Constitution.[24][25][26]

When Gibson retired on August 31, 1964, Governor Pat Brown elevated Roger J. Traynor from Associate Justice to the position of Chief Justice, and Stanley Mosk filled the empty seat as Associate Justice.[27]

Gibson's lengthy tenure was notable for his efforts to modernize the administration of the courts, to set up a mechanism to remove unfit judges, and to supply the Supreme Court with a staff of research attorneys.[28][29] Gibson's court was highly respected nationally, both for Gibson's opinions and for those of Traynor.[30][31][32]

Gibson died in Monterey County, California on April 28, 1984.[33]

Honors and legacy

In May 1946, he was on a short list of possible appointments by President Harry Truman to Chief Justice of the Supreme Court of the United States.[34] In 1955, the University of Missouri conferred on Gibson an honorary doctor of law degree.[35]

Personal life

On June 3, 1922, Gibson married Jessie Lee Parkhurst in Chicago, Illinois.[36] After her death on September 8, 1951, he re-married to Victoria Gibson.[37][1] Phil Gibson's son, Blaine, shares his name with Gibson's younger brother.[38][5]

References

  1. ^ a b "In Memoriam, 37 Cal. Rpts. 3rd 955" (PDF). California Supreme Court Historical Society. 1986. Retrieved 30 December 2015.
  2. ^ "Campus Notes". University Missourian. Library of Congress Historic Newspapers. November 11, 1915. p. 5. Retrieved August 25, 2017. Gibson was graduated from the School of Law in 1914.
  3. ^ a b "City and Campus". University Missourian. Library of Congress Historic Newspapers. May 24, 1916. p. 6. Retrieved August 24, 2017. Phil S. Gibson, LL.B. '14, prosecuting attorney of Worth County
  4. ^ a b Johnson, J. Edward (1966). History of Supreme Court, Vol 2, Justices, 1900-1950 (PDF). San Francisco, CA: Bancroft-Whitney Co. pp. 170–180. Archived from the original (PDF) on January 25, 2017. Retrieved August 24, 2017.
  5. ^ a b "Blaine Gibson to Edit Paper". The Daily Missourian. Library of Congress Historic Newspapers. December 12, 1916. p. 5. Retrieved August 25, 2017.
  6. ^ "Phil S. Gibson". Mexico Missouri Message. Library of Congress Historic Newspapers. June 18, 1914. p. 5. Retrieved August 25, 2017.
  7. ^ "M.U. Alumnus Prosecutor". University Missourian. Library of Congress Historic Newspapers. November 5, 1914. p. 3. Retrieved August 25, 2017.
  8. ^ "National Guard, Miscellaneous". The Sun. Library of Congress Historic Newspaper. April 19, 1918. p. 9. Retrieved August 25, 2017. Following appointments to grade of Second Lieutenant announced:...Phil S. Gibson
  9. ^ "Sport, Lieutenant Phil S. Gibson". The Evening Missourian. Library of Congress Historic Newspapers. December 17, 1918. p. 4. Retrieved August 25, 2017.
  10. ^ "M.U. Meeting in Liverpool". The Evening Missourian. Library of Congress Historic Newspapers. April 3, 1919. p. 2. Retrieved August 25, 2017.
  11. ^ Douglas, William O. (1965). "Phil S. Gibson". Law Transition Q. 2: 129. Retrieved August 27, 2017.
  12. ^ "Olson Toying With Gibson Appointment". San Bernardino Sun. No. 45. California Digital Newspaper Collection. 13 December 1938. p. 1. Retrieved August 27, 2017.
  13. ^ "Phil S. Gibson, Beverly Hills Attorney, Awarded $10,000 Key State Post". San Bernardino Sun. No. 45. California Digital Newspaper Collection. Associated Press. 29 December 1938. p. 2. Retrieved August 27, 2017.
  14. ^ "Late News Bulletins, Named Justice". Madera Tribune. No. 91. California Digital Newspaper Collection. 16 August 1939. p. 1. Retrieved August 24, 2017.
  15. ^ "Gibson Chosen Landon Place". Madera Tribune. No. 91. California Digital Newspaper Collection. 16 August 1939. p. 1. Retrieved August 27, 2017.
  16. ^ Keck, Thomas M. (2018). "The Judicial Protection of Anti-Judicial Speech". American University International Law Review. 33 (4): 693–769. SSRN 2783491.
  17. ^ "Backs Press". Madera Tribune. No. 86. California Digital Newspaper Collection. 13 February 1940. p. 3. Retrieved August 26, 2017.
  18. ^ "Bridges v. California, 314 US 252 (1941)". Oyez. Retrieved June 21, 2017.
  19. ^ "Final Tribute is Paid Waste". Madera Tribune. No. 33. California Digital Newspaper Collection. 8 June 1940. p. 33. Retrieved August 27, 2017.
  20. ^ Dunlap, Jack (20 June 1940). "Politically Speaking". Healdsburg Tribune, Enterprise and Scimitar. No. 75. California Digital Newspaper Collection. United Press International. p. 6. Retrieved August 27, 2017.
  21. ^ "New Chief Justice Takes Oath". Madera Tribune. No. 46. California Digital Newspaper Collection. 20 June 1940. p. 2. Retrieved July 11, 2017.
  22. ^ "Favor Gibson Re-Election". Palos Verdes Peninsula News. No. 2. California Digital Newspaper Collection. 1 November 1940. p. 3. Retrieved August 27, 2017.
  23. ^ "Record Vote Held Likely on President". San Bernardino Sun. No. 46. California Digital Newspaper Collection. 5 November 1940. p. 5. Retrieved August 27, 2017.
  24. ^ Sei Fujii v. California, 242 P.2d 617 (Cal. 1952)
  25. ^ "State's Alien Land Law Pronounced Unconstitutional". Madera Tribune. No. 66. California Digital Newspaper Collection. 18 April 1952. p. 2. Retrieved August 27, 2017.
  26. ^ "No Attempt Set To 'Reanimate' Alien Land Law". Madera Tribune. No. 86. California Digital Newspaper Collection. 12 May 1952. p. 2. Retrieved August 27, 2017.
  27. ^ "Brown May Tap Mosk For Court". Madera Tribune. No. 64. California Digital Newspaper Collection. 11 August 1964. p. 2. Retrieved July 11, 2017.
  28. ^ "Justice Asks For Reforms". Madera Tribune. No. 157. California Digital Newspaper Collection. United Press. 15 November 1956. p. 1. Retrieved August 24, 2017.
  29. ^ "Gibson Says Improve Courts By Raising Judges' Standards". Madera Tribune. No. 46. California Digital Newspaper Collection. 16 July 1958. p. 8. Retrieved August 24, 2017.
  30. ^ The Yale Biographical Dictionary of American Law, Roger K. Newman, ed., 2009, pp. 219-220. ISBN 9780300113006
  31. ^ Blum, Bill (January 1991). "Toward a Radical Middle, Has a Great Court Become Mediocre?". ABA Journal: 52. Retrieved August 24, 2017.
  32. ^ "Editorial: Phil Gibson's Efforts Forged Modern, Efficient Court System". San Bernardino Sun. California Digital Newspaper Collection. 1 May 1984. p. 12. Retrieved October 3, 2017.
  33. ^ "Phil Gibson Dies; Ex-Coast Justice". New York Times. Associated Press. April 29, 1984. Retrieved August 25, 2017.
  34. ^ "Gibson Considered". San Bernardino Sun. No. 52. California Digital Newspaper Collection. 12 May 1946. p. 1. Retrieved August 26, 2017.
  35. ^ "Honorary Degrees, 1869-2017". University of Missouri Archives. Retrieved August 27, 2017. Entry for 1955, Gibson, Phil Sheridan, Doctor of Laws, UMC conferred 1955.
  36. ^ "Justice's Wife Dies". San Bernardino Sun. No. 5 (22). California Digital Newspaper Collection. 9 September 1951. p. 7. Retrieved August 27, 2017.
  37. ^ "Lawyers' Wives Attending Luncheon During Convention". San Bernardino Sun. No. 63. San Bernardino Sun. 21 September 1956. p. 41. Retrieved August 27, 2017.
  38. ^ Le, Phuong (March 4, 2016). "Adventurer who found plane part drawn to mysteries". Business Insider. Associated Press. Retrieved August 25, 2017.

Further reading

See also

Legal offices
Preceded by Chief Justice of California
1940–1964 		Succeeded by
Preceded by Associate Justice of the California Supreme Court
1939–1940 		Succeeded by
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