Judicial Nominations - The Honorable Janice Rogers Brown (Text Only)

Justice Janice Rogers Brown

U.S. Court of Appeals for the District of Columbia Circuit

Confirmed June 8, 2005

In her nine years on the California Supreme Court, Justice Janice Rogers Brown has earned the reputation of being a brilliant and fair jurist who is committed to the rule of law. Her nomination has received support from across the political spectrum.
She was recently returned to the Court with the approval of 76% of California voters, belying the contention that she could possibly be out of the mainstream.
Justice Brown has dedicated over 25 years of her legal career to public service.

Justice Brown has served on the California Supreme Court since May 1996, when her historic appointment made her the first African-American woman to sit on that court. From 1994 to 1996, Justice Brown served on an intermediate California appellate court.
Prior to her judicial appointments, Justice Brown worked as Legal Affairs Secretary to California Governor Pete Wilson and served as the Deputy Secretary and General Counsel for the California Business, Transportation and Housing Agency. She also was a Deputy Attorney General in the Office of the California Attorney General for eight years.

In additional to her commitment to public service, Justice Brown has participated in a variety of statewide and community organizations dedicated to improving the quality of life for all California citizens. These are just a few of her activities:

Justice Brown served as a Member of the California Commission on the Status of African-American Males. The Commission made recommendations on how to address inequities in the treatment of African-American males in employment, business development, and the criminal justice and health care systems.
Justice Brown served on the Governor’s Child Support Task Force, which reviewed and made recommendations on how to improve California’s child support enforcement system.
While serving as a Member of the Community Learning Advisory Board of the Rio Americano High School, Justice Brown developed a program to provide government service internships to high school kids in Sacramento.
Justice Brown also consistently volunteers for moot court programs. The head of the Center for Youth Citizenship wrote of Justice Brown’s volunteer activities that she "has set both high academic and ethical standards for students. It is in our judgment that Justice Brown not only ‘talks the talk,’ but she ‘walks the walk.’"

Justice Brown’s personal story is an inspiring example of the American dream.

Born to sharecroppers in Greenville, Alabama, Justice Brown attended segregated schools and came of age in the midst of Jim Crow laws.
She grew up listening to her grandmother’s stories about NAACP lawyer Fred Gray, who defended Dr. Martin Luther King, Jr., and Rosa Parks. Her experience as a child of the South motivated her to become a lawyer and to devote her life to public service.
When she was in her teens, Justice Brown’s family moved to Sacramento, California. Justice Brown received her B.A. in economics from California State University in Sacramento and her law degree from the University of California Los Angeles School of Law.
Her distinguished career serving the California public earned her an appointment to the California Supreme Court, where she was retained with 76 percent of the vote in the last election.

Justice Brown’s impressive judicial record demonstrates her commitment to judicial restraint and the rule of law.

Justice Brown consistently defers to legislative decision making where moral and philosophical issues are involved. She firmly expresses the view that judges must not create policy, but must simply decide specific cases before them.
Justice Brown has repeatedly expressed the view that judicial lawmaking is inappropriate and that a careful balance must be maintained between the legislature and the courts.
Justice Brown has also championed civil rights. In one decision she wrote that "discrimination on the basis of race is illegal, immoral, unconstitutional, inherently wrong, and destructive of democratic society."
Her criminal law decisions evidence her impartiality and evenhandedness. In following the law, she often has authored opinions reversing verdicts or sentences for capital defendants. Justice Brown has also been sensitive to claims of racial profiling where the facts strongly supported such an inference.

Justice Brown’s nomination has garnered support from across the political and ideological spectrum.

A bipartisan group of former judicial colleagues have written: "We who have worked with her on a daily basis know her to be extremely intelligent, keenly analytical, and very hard working. We know that she is a jurist who applies the law without favor, without bias, and with an even hand. Because of these qualities, she has quickly become one of the most prolific authors of majority opinions on the California Supreme Court."
A group of professors from Pepperdine University School of Law said, "Since we are of differing political beliefs and perspectives, Democratic, Republican and Independent, we wish especially to emphasize what we believe is Justice Brown’s strongest credential for appointment to this most important seat on the D.C. Circuit: her open-minded and thorough appraisal of legal argumentation — even when her personal views may conflict with those arguments."
Judge Eddie Keller of the Superior Court in California, wrote, "Most people tell me that the qualities they expect most from a judge are: intelligence, good judgment, an open mind, compassion, a sense of fairness, and integrity. Janice Brown has all of these qualities and more. … Janice Brown is one of those rare individuals who come along in life and set a standard for all of us to admire. She is in the same category as our greatest jurists."
Jon B. Eisenberg, a lawyer and law professor, wrote. "In every case where I appeared before [Justice Brown] as practicing attorney, as well as in her decisions generally, which I have closely studied in my roles as law professor and author, I have found her to be a talented, sincere, and thoroughly dedicated appellate judge of the highest integrity – and, by the way, a marvelous writer. I respectfully disagree with those of my political soulmates who view our disapproval of her political philosophy as grounds for opposing her confirmation, for I believe that an appointee’s judicial qualifications, not political philosophy, should be the focus of the confirmation process."

STATEMENTS BY SELECT SUPPORTERS OF JUSTICE JANICE BROWN

Group of Justices on the California Court of Appeal, Second Appellate District

"We, the undersigned, are justices of the California Court of Appeal. As intermediate appellate court justices, we are thoroughly familiar with Justice Brown’s opinions. In her role as a justice of the California Supreme Court, Justice Brown has served California well. She has written many important decisions establishing and reaffirming important points of law. Her opinions reflect her belief in the doctrine of stare decisis and are noteworthy for their clarity and conciseness. She sets forth her views logically and intelligently. We are each personally acquainted with Justice Brown. We know her to be intelligent, thoughtful, well-read, well-rounded, insightful, and personable. We believe she will be an excellent judge of the United States Court of Appeals." (Letter to Sen. Hatch, October 21, 2003)

Group of Professors from the Pepperdine University School of Law

"As members of law faculties here in California, we know Justice Brown to be a person of high intelligence, unquestioned integrity, and even-handedness. Since we are of differing political beliefs and perspectives, Democratic, Republican and Independent, we wish especially to emphasize what we believe is Justice Brown’s strongest credential for appointment to this most important seat on the D.C. Circuit: her open-minded and thorough appraisal of legal argumentation — even when her personal views may conflict with those arguments." (Letter to Sen. Hatch, October 15, 2003)

Bipartisan group of present and former judicial colleagues of Justice Brown

"We are members of and present and former colleagues of Justice Janice Rogers Brown on the California Supreme Court and California Court of Appeal for the Third Appellate District. Although we span the spectrum of ideologies, we endorse her for appointment to the U.S. Court of Appeals for the D.C. Circuit.

Much has been written about Justice Brown’s humble beginnings, and the story of her rise to the California Supreme Court is truly compelling. But that alone would not be enough to gain our endorsement for a seat on the federal bench. We believe that Justice Brown is qualified because she is a superb judge. We who have worked with her on a daily basis know her to be extremely intelligent, keenly analytical, and very hard working. We know that she is a jurist who applies the law without favor, without bias, and with an even hand. Because of these qualities, she has quickly become one of the most prolific authors of majority opinions on the California Supreme Court." (Letter to Sen. Hatch, October 16, 2003)

Justice Robert H. Edmunds, Jr., Supreme Court of North Carolina

"I have gotten to know Justice Brown during the last two summers as we both participated in a masters degree program sponsored by the University of Virginia School of Law for appellate judges. Speaking as a former United States Attorney who has appeared before the Fourth Circuit numerous times, I believe she is unusually qualified for a position on the federal judiciary. She is as smart as they come and has an ideal judicial temperament. When she would ask a question in class, everyone else would quiet down to hear what she had to say.

She does not force her own views on others. I went through the first summer in the U. Va. program with her without realizing that she was a Republican. As far as I could tell both from her class participation and from chatting with her in social settings, her interest is in the fair and intellectually honest application of the law." (Letter to Sen. Hatch, October 17, 2003)

Judge Daniel A. Barker, Arizona Court of Appeal

"Without hesitation, and unequivocally, I can tell you that Janice Brown is a judge of the highest order. She is eloquent and clear spoken; she is balanced and compassionate; and, she has the ability to cut to the core of a legal issue and resolve it squarely on constitutional and legal principles. She is not swayed by the passions or emotions present in hotly contested issues, but is able to remain well grounded and firm in applying the applicable law… She will be someone that both the lay person on the street, and the legal scholar at the university, can look to with assurance in knowing that she will faithfully and impartially apply the law and uphold the highest legal standards." (Letter to Sen. Hatch, October 17, 2003)

Judge John M. Tyson, North Carolina Court of Appeal

"By any measure, Justice Janice Brown is highly and uniquely qualified to be confirmed to serve on the United States Court of Appeals. Janice is a very approachable, humble, and seasoned jurist who will render impartial and dedicated service to our nation for many years." (Letters to Senators Hatch, Leahy, Dole, and Edwards, October 17, 2003)

Judge David De Alba, Sacramento County Superior Court, California

"Since our days as deputy attorneys general, I have always admired Justice Brown’s dedication to the law and her work ethic… She has grown immensely as a jurist and today is one of the most productive members of our state Supreme Court. No one can criticize her fidelity to the law and her work. She is a tireless worker and cares deeply about her convictions." (Letter to Sen. Feinstein, October 20, 2003)

Judge Talmadge R. Jones, Sacramento County Superior Court, California

"Justice Brown is nothing less than a truly exceptional attorney, judge, and public servant. She is in my personal book of great Americans… Justice Brown will encourage collaboration and unanimity with her fellow judges by her answers of persuasion and reason. She will honor the rule of law and precedent of the United States Supreme Court and other Circuit Court decisions.

Justice Brown is about the smartest (and wisest) judge I know, but would be the last person to tout her intellect or use it to her personal advantage. She is a quick study, with the ability to research and write about the law in a way that all will understand." (Letter to Sen. Hatch, October 17, 2003)

Ward A. Campbell, Supervising Deputy Attorney General, California Department of Justice

"[Justice Brown] is a thoughtful, reflective, and compassionate person. She reaches her own conclusions independently only after great deliberation." (Letter to Sen. Hatch, October 20, 2003)

Judge Patricia C. Esgro, Sacramento County Superior Court, California

"I have known Justice Brown for over twenty years. She is a good friend and a former colleague in the California Attorney General’s Office. I also served as her Chief Deputy in the Legal Affairs Unit of Governor Pete Wilson’s office. I have personally observed her deep integrity and passion for justice. She has devoted her life to public service and the public good. She is a woman of humility who yet possesses a fierce sense of history and patriotism." (Letter to Sen. Hatch, October 20, 2003)

Judge Eddie T. Keller, El Dorado County Superior Court, California

"Most people tell me that the qualities they expect most from a judge are: intelligence, good judgment, an open mind, compassion, a sense of fairness, and integrity. Janice Brown has all of these qualities and more.

In tracking her legal opinions as an appellate court justice, I note that they are distinguished by the same scholarship, thoroughness, intelligence, and unique literary style that makes her stand out from most others. She has a brilliant legal mind. She cares intensely about the legal and social values that each case presents. She is open to being persuaded on any legal point. She is an independent thinker. No one could ask more from any judge.

Having been in a position to have read and evaluated the legal opinions of a countless number of judges over my legal career, I can truly say that Janice Brown is one of those rare individuals who come along in life and set a standard for all of us to admire. She is in the same category as our greatest jurists. She would be an invaluable addition to the federal judiciary." (Letter to Sen. Hatch, October 20, 2003)

Jon B. Eisenberg, Horvitz & Levy LLP

"In every case where I appeared before [Justice Brown] as practicing attorney, as well as in her decisions generally, which I have closely studied in my roles as law professor and author, I have found her to be a talented, sincere, and thoroughly dedicated appellate judge of the highest integrity – and, by the way, a marvelous writer. I respectfully disagree with those of my political soulmates who view our disapproval of her political philosophy as grounds for opposing her confirmation, for I believe that an appointee’s judicial qualifications, not political philosophy, should be the focus of the confirmation process." (Letter to Sen. Hatch, October 21, 2003)

Roy Innis, Chairman, Congress of Racial Equality

"Judge Janice Rogers Brown (the President’s nominee for the DC Circuit Court of Appeals) is an outstanding candidate for the position. Her judicial temperament is fair, but focused. This is why her colleagues on the bench often depended on Justice Brown to write the majority opinion for the Court last year. She did this more times than any other Justice. In 1998, the people of California, who knew her best, re-elected her with the highest winning majority of any judge in the state with 76% of the vote." (Letter to Sen. Hatch, October 21, 2003)

Regis Lane, Executive Director, Minorities in Law Enforcement

"We recommend the confirmation of Justice Brown based on her broad range of experience, personal integrity, good standing in the community and dedication to public service… Justice Brown is a fair and just person with impeccable honesty, which is the standard by which justice is carried out." (Letter to Sen. Hatch, undated)

Joseph P. Maloney, Ph.D., Center for Youth Citizenship

"Justice Brown has been a consistent volunteer for the Center’s Gordon D. Schaber Mock Trial and Moot Court program. In a speech delivered to these high school students in 2000, she spoke to them about the importance of character development and the law. Specifically, she shared the virtues of honor, courage, responsibility, generosity, and respect.

Justice Brown has set both high academic and ethical standards for students. It is in our judgment, that Justice Brown not only ‘talks the talk,’ but she ‘walks the walk.’" (Letter to Sen. Hatch, October 21, 2003)

Thomas J. Trimble, Chairman, Board of Regents, Pepperdine University

"Justice Brown has proven herself to be a fair-minded judge who considers all sides of an issue before deciding a case. She has a keen interest in the workings of our government and would make a valuable addition to the D.C. Circuit Court." (Letter to Sen. Hatch, October 17, 2003)

STATEMENTS BY SELECT SUPPORTERS OF JUSTICE JANICE BROWN

JusticeJanice Rogers Brown

Related Links

Justice
Janice Rogers Brown