Another one of our cases attracts media attention. That seems to be happening more frequently.
ADMIN/REGULATORY • Mar. 29, 2005
Panel Scraps Sex Offender's Life Sentence'Harmless Violation' Shouldn't Be Third Strike, Justices Say
By Hudson Sangree
Daily Journal Staff Writer
SAN FRANCISCO - Going against the tide of recent rulings by the U.S. Supreme Court and California courts, a state appeal panel declared it cruel and unusual punishment to send a man to prison for life because he failed to update his address as a sex offender.
Keith Ishmeal Carmony was a repeat felon who had registered as a sex offender with police a month before his birthday. But he failed to update his registration within five days after his birthday passed, as required by state law.
Although he had not moved since his prior registration, and his parole agent knew he was still at the same address, Carmony was arrested on the felony charge of failing to reregister.
He pleaded guilty and was sentenced by a Shasta County judge to 25 years to life under the state's three-strikes law.
On Friday, two members of a three-justice panel of the 3rd District Court of Appeal in Sacramento said the sentence was cruel and unusual, violating the state and federal constitutions.
The court made its ruling public Monday.
"This case raises the question whether there is an offense so minor that it cannot trigger the imposition of a recidivist penalty without violating the cruel and/or unusual punishment prohibitions of the United States and California Constitutions," wrote Justice Coleman Blease for the majority in People v. Carmony, C038802.
It was not the first time the court had heard Carmony's case.
The first time around, the appeal court ruled that Shasta County Superior Court Judge Wilson Curle had abused his discretion by refusing to strike two of Carmony's three prior convictions.
The California Supreme Court reversed the appeal panel, holding that the judge had not abused his discretion. But the high court sent the case back for the appeal court to consider the constitutional issues it raised.
This time the Sacramento court said Carmony's indeterminate life sentence was grossly disproportionate to his crime.
"It is a rare case that violates the prohibition against cruel and/or unusual punishment," Blease wrote. "However, there must be a bottom to that well. If the constitutional prohibition is to have a meaningful application it must prohibit the imposition of a recidivist penalty based on an offense that is no more than a harmless technical violation of a regulatory law."
Justice Richard Sims sided with Blease.
They said the case could be distinguished from other cases upholding three-strikes sentences triggered by petty offenses because Carmony's offense was an "entirely passive, harmless and technical violation of the registration law," and even less significant than writing a bad check.
"Because a 25-year recidivist sentence imposed solely for failure to provide duplicate registration information is grossly disproportionate to the offense, shocks the conscience of the court and offends notions of human dignity, it constitutes cruel and unusual punishment under both the state and federal constitutions," the justices declared, remanding the case to the trial court for resentencing.
Justice George Nicholson dissented, arguing it was wrong to say Carmony's sentence was out of all proportion to his crimes.
Nicholson had sided with Blease in the court's prior ruling that the trial judge had abused his discretion.
"This case does not present a bottom-of-the-well scenario," wrote Nicholson. "It would be cruel and unusual to torture a third-striker or to give a life term to a petty thief with no prior record. Those are bottom-of-the-well scenarios."
Nicholson pointed out that the U.S. Supreme Court had already rejected a similar argument in Ewing v. California, 538 U.S. 11 (2003), a case in which a defendant was given a life sentence for stealing three golf clubs worth $1,200.
The majority in that case said the defendant was not being punished merely for shoplifting the golf clubs, but for doing so after being convicted of two prior serious or violent felonies.
Nicholson said it was the same with Carmony, who had been convicted years before of child molesting and beating his girlfriends.
"Here, defendant committed the felony of failing to register after having been convicted of two violent or serious felonies," Nicholson wrote. "That is the relevant set of circumstances that must bear the weight of the penalty imposed."
Nicholson argued that Carmony's failure to update his address within five days of his birthday was not a harmless oversight.
"We rightly place strict requirements on sex offenders so we can keep tabs on them," he wrote.
In addition, Nicholson pointed out that another panel of the 3rd District last year in People v. Meeks, 123 Cal.App.4th 695 (2004), upheld a three-strikes sentence against a felon who failed to register as a sex offender after moving and within five days of his birthday.
Sims had written a passionate dissent in that case.
"Defendant violated the same law the defendant in Meeks violated," he wrote. "I see no reason to turn precedent on its ear."
Tuesday, March 29, 2005
Monday, March 21, 2005
More on Justice Puglia
JUDGES AND JUDICIARY • Mar. 15, 2005
ROBERT K. PUGLIA, 1929-2005
Justice Was Mentor to Many, Known for Strong Personality
By Linda Rapattoni
Daily Journal Staff Writer
SACRAMENTO - State appellate judges, federal judges and lawyers fondly recalled Monday the times they shared with the late 3rd District Court of Appeal Justice Robert K. Puglia.
They described the retired justice as a keen intellectual, an athlete, a strong personality, a Civil War buff, a baseball fanatic, an Ohio State University football loyalist and a mentor.
Puglia died Thursday of complications related to cancer. He was 75.
The former justice wrote more than 4,000 opinions, 436 of them published between 1974 and 1998 when he was on the appellate bench.
Puglia was a strict constructionist and conservative in his views, according to Richard Osen, president of McDonough, Holland and Allen, in Sacramento, and several others.
"Bob was a very strong personality, but he didn't lead by fiat," said Associate Justice Fred Morrison. "He led by consensus. He was a guy who was very confident of who he was so, in debate, he spoke forcefully - he was not politically correct - and he would carry the day by its power and logic."
A few weeks before he died, friends and colleagues came up with a way to honor Puglia because he could not meet with everyone who wanted to wish him well, Osen said. The group also wanted to leave his family with a heartfelt memento, so they enlisted Justice George Nicholson to put together a radio tribute featuring big band music.
Radio station KCTC-AM agreed to the broadcast and Puglia selected 13 of his favorite big band songs, each of which were introduced by a variety of friends and colleagues including Supreme Court Justice Anthony Kennedy and California Supreme Court Justice Janice Rogers Brown.
The tribute was broadcast Feb. 27, and recordings were distributed to family members and friends.
Puglia had a photographic memory, Osen said, and could sing the songs word for word. His recall also came in handy in bench conferences.
"He was just a font of knowledge on the court about the law in California," Morrison said. "You'd be having discussion in our conferences and he would say I think that's covered in (i.e.) People v. Smith and he would cite it to the page. No one else could do that. He was amazing."
Osen said Puglia was precise on the bench and let lawyers try their cases. Puglia was also a mentor to many. Several interviewed said he helped them get jobs with law firms or put in a good word when they sought a position on the bench.
"He was a person who loved all people," Nicholson said. "He loved to talk to people anywhere and everywhere around the world. Regardless of your age, Bob was a mentor, regardless of whether someone was a Democrat or Republican, male or female. He helped every person who ever came in contact with him."
Puglia was a Democrat until 1980, when he registered as a Republican.
Born and raised in Ohio, Puglia and a friend traveled to California to attend UC Berkeley, and he worked in construction jobs in Amador County to try to pay for the out-of-state tuition. However, Puglia found it too costly and returned to Ohio, where he attended Ohio State University, getting a bachelor's degree.
Puglia said in a Daily Journal interview in 1991 that he had decided on a career in law when he was 12 years old.
After his graduation from Ohio State, Puglia enlisted in the Army and served as an infantryman in the Korean War.
Years later, he returned to Korea on a trip with Morrison.
"We got to go to the demilitarized zone where he had fought," Morrison said. "We made arrangements to see the Korean sector where Bob had been a private facing the Chinese army. We met several Korean colonels, and Bob briefed all of them on what had happened there in 1953. He pointed out where his division was where the Koreans and Chinese were positioned. They were enthralled."
After the war, he was admitted to the UC Berkeley's Boalt Hall School of Law. After he earned his law degree he moved to Sacramento in 1958 and worked briefly in the state attorney general's office. A year later he went to work as a deputy district attorney in Sacramento.
Within four years, he was appointed chief deputy district attorney.
"He was gifted with an intelligence and eloquence seldom seen," said U.S. District Judge Edward Garcia, who said he joined the district attorney's office at the same time.
Puglia discussed his aspirations to become a judge with Garcia, but he said he needed some civil law experience, so he resigned from the prosecutor's office in 1969 and joined McDonough, Holland and Allen, Garcia said.
He was there for only a short while when Gov. Ronald Reagan appointed him to the Sacramento County Superior Court in 1971. He was elevated to the appellate court three years later and within six months was named presiding judge.
"He quickly rose to the top no matter what endeavor in law he took," Garcia said.
Puglia retired from the bench in 1998 and rejoined McDonough, Holland and Allen as a mediator.
Puglia is survived by his wife of 46 years, Ingrid; three sons, David, Peter and Thomas; a daughter, Susan; and three grandchildren.
A public memorial service is scheduled for 3:30 p.m. on Monday, March 21, at Memorial Auditorium in Sacramento.
ROBERT K. PUGLIA, 1929-2005
Justice Was Mentor to Many, Known for Strong Personality
By Linda Rapattoni
Daily Journal Staff Writer
SACRAMENTO - State appellate judges, federal judges and lawyers fondly recalled Monday the times they shared with the late 3rd District Court of Appeal Justice Robert K. Puglia.
They described the retired justice as a keen intellectual, an athlete, a strong personality, a Civil War buff, a baseball fanatic, an Ohio State University football loyalist and a mentor.
Puglia died Thursday of complications related to cancer. He was 75.
The former justice wrote more than 4,000 opinions, 436 of them published between 1974 and 1998 when he was on the appellate bench.
Puglia was a strict constructionist and conservative in his views, according to Richard Osen, president of McDonough, Holland and Allen, in Sacramento, and several others.
"Bob was a very strong personality, but he didn't lead by fiat," said Associate Justice Fred Morrison. "He led by consensus. He was a guy who was very confident of who he was so, in debate, he spoke forcefully - he was not politically correct - and he would carry the day by its power and logic."
A few weeks before he died, friends and colleagues came up with a way to honor Puglia because he could not meet with everyone who wanted to wish him well, Osen said. The group also wanted to leave his family with a heartfelt memento, so they enlisted Justice George Nicholson to put together a radio tribute featuring big band music.
Radio station KCTC-AM agreed to the broadcast and Puglia selected 13 of his favorite big band songs, each of which were introduced by a variety of friends and colleagues including Supreme Court Justice Anthony Kennedy and California Supreme Court Justice Janice Rogers Brown.
The tribute was broadcast Feb. 27, and recordings were distributed to family members and friends.
Puglia had a photographic memory, Osen said, and could sing the songs word for word. His recall also came in handy in bench conferences.
"He was just a font of knowledge on the court about the law in California," Morrison said. "You'd be having discussion in our conferences and he would say I think that's covered in (i.e.) People v. Smith and he would cite it to the page. No one else could do that. He was amazing."
Osen said Puglia was precise on the bench and let lawyers try their cases. Puglia was also a mentor to many. Several interviewed said he helped them get jobs with law firms or put in a good word when they sought a position on the bench.
"He was a person who loved all people," Nicholson said. "He loved to talk to people anywhere and everywhere around the world. Regardless of your age, Bob was a mentor, regardless of whether someone was a Democrat or Republican, male or female. He helped every person who ever came in contact with him."
Puglia was a Democrat until 1980, when he registered as a Republican.
Born and raised in Ohio, Puglia and a friend traveled to California to attend UC Berkeley, and he worked in construction jobs in Amador County to try to pay for the out-of-state tuition. However, Puglia found it too costly and returned to Ohio, where he attended Ohio State University, getting a bachelor's degree.
Puglia said in a Daily Journal interview in 1991 that he had decided on a career in law when he was 12 years old.
After his graduation from Ohio State, Puglia enlisted in the Army and served as an infantryman in the Korean War.
Years later, he returned to Korea on a trip with Morrison.
"We got to go to the demilitarized zone where he had fought," Morrison said. "We made arrangements to see the Korean sector where Bob had been a private facing the Chinese army. We met several Korean colonels, and Bob briefed all of them on what had happened there in 1953. He pointed out where his division was where the Koreans and Chinese were positioned. They were enthralled."
After the war, he was admitted to the UC Berkeley's Boalt Hall School of Law. After he earned his law degree he moved to Sacramento in 1958 and worked briefly in the state attorney general's office. A year later he went to work as a deputy district attorney in Sacramento.
Within four years, he was appointed chief deputy district attorney.
"He was gifted with an intelligence and eloquence seldom seen," said U.S. District Judge Edward Garcia, who said he joined the district attorney's office at the same time.
Puglia discussed his aspirations to become a judge with Garcia, but he said he needed some civil law experience, so he resigned from the prosecutor's office in 1969 and joined McDonough, Holland and Allen, Garcia said.
He was there for only a short while when Gov. Ronald Reagan appointed him to the Sacramento County Superior Court in 1971. He was elevated to the appellate court three years later and within six months was named presiding judge.
"He quickly rose to the top no matter what endeavor in law he took," Garcia said.
Puglia retired from the bench in 1998 and rejoined McDonough, Holland and Allen as a mediator.
Puglia is survived by his wife of 46 years, Ingrid; three sons, David, Peter and Thomas; a daughter, Susan; and three grandchildren.
A public memorial service is scheduled for 3:30 p.m. on Monday, March 21, at Memorial Auditorium in Sacramento.
Friday, March 18, 2005
Norton Parker Chipman Prospectus
Norton Parker Chipman: Union Officer, Lincoln Aide, California Judge
Justice Norton Parker Chipman, presided over the Third District Court of Appeal in California for 16 years, the first presiding justice of the court. Appointed by the governor of California in 1905, Chipman was 71 years old and brought to the court not just a bright judicial intellect but also a lifetime filled with patriotic service to his country and his adopted state of California. His life had a Forrest Gump-like character, as he took part in many of the most important events of his day, indeed, of our era. As the California Court of Appeal celebrates its centennial this year, new interest has developed within the California judiciary concerning the life of this remarkable man. This interest has spread beyond the judiciary to other state and local officials and others as events are being planned for the centennial commemoration. An exhibit is being prepared for the California State Fair, with Chipman featured prominently. A statewide high school moot court competition is being organized, to become an annual event, named after Chipman. To date, no literary work has told Chipman’s story. Considering the current and continuing interest in him, a biography is appropriate and timely.
Summary of Chipman’s Life
A descendant of Mayflower pilgrims, Chipman was born in Ohio in 1834. His family moved to Iowa, and he attended school where the schoolmaster was strongly abolitionist. He studied law, first in his Iowa hometown, and then at the Cincinnati Law School, where he graduated in 1859. While Chipman was in law school, the United States Supreme Court decided the Dred Scott case, in which the court held that the ownership of slaves was a matter of property rights and the area comprising the Louisiana Purchase could not constitutionally deprive slave owners of those rights. Before Chipman reached voting age, he noticed the emergence of the Republican Party and expressed his agreement with its platform. He followed closely the Lincoln-Douglas debates in 1858 in neighboring Illinois and was deeply impressed by Lincoln’s speeches throughout what was then the Northwest. The logic and reason of Lincoln’s position on slavery, that is was immoral and contrary to the founding documents of the United States, struck a cord with young Chipman. He was also influenced by other aspects of Lincoln’s speeches and persona, including Lincoln’s 1859 speech at the Wisconsin State Fair, in which Lincoln extolled the values of country fairs and the importance of applying knowledge and technology to agricultural problems. In 1860, Chipman attended the Republican National Convention in Chicago, where Lincoln was nominated over Seward, Cameron, Bates, and Chase.
Chipman’s life changed dramatically, in 1861, after Lincoln’s inauguration and the outbreak of the Civil War with the attack on Fort Sumter. He immediately volunteered for service and, because of his professional training, was made an officer. After almost a year of noncombat duty in Missouri and Kentucky, during which time the war had not been going well for the Union, Chipman’s regiment was sent to reinforce General Grant’s troops at Fort Donelson. The regiment had only been there a day when it was ordered to lead a bayonet charge up the hill. Leading the charge, Chipman was hit in the thigh in the shower of enemy fire. He went down but refused to be carried off the battlefield, instead shouting encouragement to his regiment. General Grant’s forces captured Fort Donelson, and Chipman’s regiment was honored for its important part.
While convalescing, Chipman was promoted to colonel. He returned briefly to his regiment during the siege of Corinth, but was soon placed on General Henry Halleck’s staff as an aide de camp. Not long after that, he served as General Samuel Curtis’s chief of staff. Secretary of War Edwin Stanton noticed the abilities of the young officer and assigned him to the War Department in Washington, D.C., early in 1863. For the remainder of the war, Chipman saw firsthand how Lincoln, who spent many days and nights in the War Department telegraph office reading and responding to messages from the field, prosecuted the Civil War. Lincoln also noticed Chipman’s loyalty and capable service as an aide and rewarded Chipman with assignments to take important communications to generals in the field, assignments that caused Chipman great danger at times. Chipman accompanied Lincoln to Gettysburg for the dedication of the cemetery.
After the close of the war and the assassination of the president, Andrew Johnson offered Chipman the job as his private secretary, but Chipman declined. He did not think highly of Johnson, but gave as his reason that he wanted to return to the practice of law. Before leaving military service, Chipman prosecuted Henry Wirz, the commander of the infamous Andersonville Prison, where thousands of Union soldiers died. The only Confederate officer convicted of war crimes, Wirz was executed. The Andersonville trial was the subject of much debate, involving Jefferson Davis prominently. Chipman wrote a book, The Tragedy of Andersonville, recounting the evidence presented at the trial and refuting Davis’s arguments. In the 1960s, the Andersonville Trial was the subject of a Broadway play, starring a young George C. Scott as Chipman. In 1970, Scott directed a movie starring William Shatner, also as Chipman.
Chipman was brevetted as a brigadier general before being mustered out of military service. He opened a law practice in the District of Columbia and eventually assisted in the prosecution of Johnson’s impeachment trial. Chipman also developed a friendship with Thomas Nast, the famous Harper’s Weekly political cartoonist. The day of the final Senate vote on Johnson’s impeachment, Nast drew a cartoon depicting Johnson’s conviction and fall from the presidency. Because the vote fell short, Nast did not publish the cartoon; instead, he gave it to Chipman.
The veterans of the Civil War formed the Grand Army of the Republic, with Chipman as one of its founders. In his capacity as adjutant-general, he wrote the order creating Memorial Day and organized some of the first Memorial Day festivities. President Grant appointed Chipman as secretary of the District of Columbia, until the form of government changed. Chipman was then elected as the district’s delegate to Congress, serving two terms. For years, the Washington Monument stood only partially finished. Chipman led the fight to obtain funding and finish the memorial. As the elected representative at the seat of national government, Chipman and his wife were prominent socially. They entertained some of the most prestigious people of the day. Chipman was particularly close to President Grant and campaigned on his behalf when Grant ran for reelection.
In 1875, Chipman moved to California, laid claim to more land than was owned by any other Californian, and opened the largest lumber company of his day, the Sierra Flume and Lumber Company. The company thrived at first, applying the latest advances in communications and technology. But when a financial panic spread to California from the East coast, the market for lumber collapsed and Chipman declared bankruptcy. He remained in California, devoted to the state, and opened a law practice. He became president of the State Board of Trade, precursor to the Chamber of Commerce, and worked for twenty years to promote the interests of California. He extolled the importance of country fairs and agriculture, and advocated the use of technology to increase yields.
The work of the California Supreme Court became unmanageable as the only appellate court in the state, so the legislature, in 1885, authorized the court to form a commission to help decide cases. Chipman served as a commissioner from 1897 until 1905,when a constitutional amendment allowed the creation of the Court of Appeal. Governor Pardee desired to give the new appellate courts instant credibility and respectability and succeeded in doing so by appointing prominent Californians to preside over the districts of the court. Chipman presided over the Third District in Sacramento, winning two contested, partisan elections to retain the seat. In demand as a speaker, especially to recount his knowledge of Lincoln, Chipman enjoyed statewide prestige. His opinions reflected his extraordinary experiences. He resigned from the court in 1921, because of ill health, and passed away in 1924.
Themes and Illustrations
One of the themes of the book will be Chipman’s influence on today’s way of life -- his participation in the fight to preserve the Union, his contributions in the nation’s capital, the effect he had on California agriculture, and his leadership in the California judiciary. Another theme will be the influence Lincoln had on Chipman as a leader, patriot, promoter of agriculture, and moral person. To a lesser extent, Grant also influenced Chipman’s life, and that will be explored also.
Several portraits are available from the various phases of Chipman’s life, including a Matthew Brady portrait of Chipman in his Civil War uniform. An illustration of the Battle of Fort Donelson by Kurz and Allison gives a feel for the battle, even if it does not accurately reflect the scope or true terrain of the conflict. Thomas Nast gave to Chipman the cartoon Nast drew depicting the impeachment conviction of Johnson, which never happened. Many photographs and drawings of the lumber industry, including the innovative flumes used by Chipman’s company are available in the California State Library. A history written in the 1880’s contains drawings of Chipman’s homes, with elaborate gardens. And the court and library maintain photographs of the Court of Appeal and its chambers in the state capitol during Chipman’s tenure. Chipman willed to the state an original painting by Emmanuel Leutze, Fort Sumter After the Bombardment, which is on display in the state capitol. These are all possible illustrations for the book.
Sources
The primary sources associated directly with Chipman have never before been studied closely or used for historical purposes. He left a collection of papers to the California State Library, and they are still available there. These papers include many letters written to Chipman, contemporary newspaper accounts of the events in which Chipman participated, and speeches Chipman made, mostly in California. Chipman did not write memoirs and rarely spoke or wrote of himself or his family, so much of what is known about him comes from accounts of his activities, his involvement in important events, and his speeches, writings, and opinions. For his early life and his Civil War involvement, local, regimental, and military records provide insight into his life and his times, as well as identifying him personally in many instances. His time in Washington is more fully documented. Books have been written on Andersonville Prison and the trial. The congressional record reflects Chipman’s priorities, speeches, and accomplishments while representing the District of Columbia. A county history and other historical studies cover Chipman’s involvement in the lumber industry, and publications of the late 1800’s include numerous Chipman articles and essays promoting California and its agriculture. A valuable resource on Lincoln is a speech Chipman gave to the Cherry Tree Club in 1906. Official state records reflect Chipman’s California elections and related pursuits. Finally, all of Chipman’s published opinions in 24 years as a Supreme Court commissioner and as presiding justice of the Court of Appeal are preserved in the courts’ official reports.
Concerning Lincoln, Grant, Civil War generals and battles, the War Department, Congress, Washington, D.C., and California history, generally, much valuable research, analysis, and writing is available. The book will take advantage of these secondary sources and analyses to provide historical perspective for Chipman’s life.
Reviewers Already Contacted
Two experts in the fields to be touched on in the book have already consented to review the manuscript when it is ready. Chief Justice Frank J. Williams of the Rhode Island Supreme Court, member of the Abraham Lincoln Bicentennial Commission and author of Judging Lincoln, will review the manuscript with an eye to the portrayal of Lincoln and his influence. Judging Lincoln is a collection of essays on Lincoln’s character, influence at home and abroad, leadership abilities, and legacy. Dr. Kevin Starr, former California State Librarian and current professor of history at the University of Southern California, wrote the acclaimed six-volume series, Americans and the California Dream. He has consented to review the manuscript with his perspective as an expert on California history.
Marketing Opportunities
A Chipman biography presents several marketing opportunities. As the bicentennial of Abraham Lincoln’s birth approaches there will be a natural surge in interest about him and his era. Chipman had a close-up view of Lincoln during the critical war years, so the book will be of interest to those who wish to know Lincoln better. The Civil War is always a fertile subject for the numerous enthusiasts of that cataclysmic struggle. The book will provide new insights into several aspects of the Civil War: the response to Lincoln’s call for volunteers, the important Union victory at Fort Donelson, the relationships between the generals Chipman served closely and the Lincoln administration, the workings of the War Department in the last two years of the war, the Andersonville trial, and the aftermath of the war in Washington, D.C. Chipman’s close association with and promotion of California agriculture affords a chance for those interested in this aspect of California history and those involved in modern-day fairs and agricultural promotion. His presidency of the State Board of Trade, the precursor to the state Chamber of Commerce, will open up marketing opportunities within the latter organization.
Members of the California judiciary, in particular, and members of the California bar, in general, will find much of interest in this book. While the book may not be available until after this centennial year of the Court of Appeal, the festivities and educational activities associated with that centennial will prompt heightened interest in the history of the judiciary and Chipman’s life. As noted, current efforts to use his name in connection with California activities, such as establishment of a statewide Norton Parker Chipman High School Moot Court competition, will provide a ready market for the book. There is a paucity of scholarship on the history of the California judiciary, so a Chipman biography will find that vacuum.
Justice Norton Parker Chipman, presided over the Third District Court of Appeal in California for 16 years, the first presiding justice of the court. Appointed by the governor of California in 1905, Chipman was 71 years old and brought to the court not just a bright judicial intellect but also a lifetime filled with patriotic service to his country and his adopted state of California. His life had a Forrest Gump-like character, as he took part in many of the most important events of his day, indeed, of our era. As the California Court of Appeal celebrates its centennial this year, new interest has developed within the California judiciary concerning the life of this remarkable man. This interest has spread beyond the judiciary to other state and local officials and others as events are being planned for the centennial commemoration. An exhibit is being prepared for the California State Fair, with Chipman featured prominently. A statewide high school moot court competition is being organized, to become an annual event, named after Chipman. To date, no literary work has told Chipman’s story. Considering the current and continuing interest in him, a biography is appropriate and timely.
Summary of Chipman’s Life
A descendant of Mayflower pilgrims, Chipman was born in Ohio in 1834. His family moved to Iowa, and he attended school where the schoolmaster was strongly abolitionist. He studied law, first in his Iowa hometown, and then at the Cincinnati Law School, where he graduated in 1859. While Chipman was in law school, the United States Supreme Court decided the Dred Scott case, in which the court held that the ownership of slaves was a matter of property rights and the area comprising the Louisiana Purchase could not constitutionally deprive slave owners of those rights. Before Chipman reached voting age, he noticed the emergence of the Republican Party and expressed his agreement with its platform. He followed closely the Lincoln-Douglas debates in 1858 in neighboring Illinois and was deeply impressed by Lincoln’s speeches throughout what was then the Northwest. The logic and reason of Lincoln’s position on slavery, that is was immoral and contrary to the founding documents of the United States, struck a cord with young Chipman. He was also influenced by other aspects of Lincoln’s speeches and persona, including Lincoln’s 1859 speech at the Wisconsin State Fair, in which Lincoln extolled the values of country fairs and the importance of applying knowledge and technology to agricultural problems. In 1860, Chipman attended the Republican National Convention in Chicago, where Lincoln was nominated over Seward, Cameron, Bates, and Chase.
Chipman’s life changed dramatically, in 1861, after Lincoln’s inauguration and the outbreak of the Civil War with the attack on Fort Sumter. He immediately volunteered for service and, because of his professional training, was made an officer. After almost a year of noncombat duty in Missouri and Kentucky, during which time the war had not been going well for the Union, Chipman’s regiment was sent to reinforce General Grant’s troops at Fort Donelson. The regiment had only been there a day when it was ordered to lead a bayonet charge up the hill. Leading the charge, Chipman was hit in the thigh in the shower of enemy fire. He went down but refused to be carried off the battlefield, instead shouting encouragement to his regiment. General Grant’s forces captured Fort Donelson, and Chipman’s regiment was honored for its important part.
While convalescing, Chipman was promoted to colonel. He returned briefly to his regiment during the siege of Corinth, but was soon placed on General Henry Halleck’s staff as an aide de camp. Not long after that, he served as General Samuel Curtis’s chief of staff. Secretary of War Edwin Stanton noticed the abilities of the young officer and assigned him to the War Department in Washington, D.C., early in 1863. For the remainder of the war, Chipman saw firsthand how Lincoln, who spent many days and nights in the War Department telegraph office reading and responding to messages from the field, prosecuted the Civil War. Lincoln also noticed Chipman’s loyalty and capable service as an aide and rewarded Chipman with assignments to take important communications to generals in the field, assignments that caused Chipman great danger at times. Chipman accompanied Lincoln to Gettysburg for the dedication of the cemetery.
After the close of the war and the assassination of the president, Andrew Johnson offered Chipman the job as his private secretary, but Chipman declined. He did not think highly of Johnson, but gave as his reason that he wanted to return to the practice of law. Before leaving military service, Chipman prosecuted Henry Wirz, the commander of the infamous Andersonville Prison, where thousands of Union soldiers died. The only Confederate officer convicted of war crimes, Wirz was executed. The Andersonville trial was the subject of much debate, involving Jefferson Davis prominently. Chipman wrote a book, The Tragedy of Andersonville, recounting the evidence presented at the trial and refuting Davis’s arguments. In the 1960s, the Andersonville Trial was the subject of a Broadway play, starring a young George C. Scott as Chipman. In 1970, Scott directed a movie starring William Shatner, also as Chipman.
Chipman was brevetted as a brigadier general before being mustered out of military service. He opened a law practice in the District of Columbia and eventually assisted in the prosecution of Johnson’s impeachment trial. Chipman also developed a friendship with Thomas Nast, the famous Harper’s Weekly political cartoonist. The day of the final Senate vote on Johnson’s impeachment, Nast drew a cartoon depicting Johnson’s conviction and fall from the presidency. Because the vote fell short, Nast did not publish the cartoon; instead, he gave it to Chipman.
The veterans of the Civil War formed the Grand Army of the Republic, with Chipman as one of its founders. In his capacity as adjutant-general, he wrote the order creating Memorial Day and organized some of the first Memorial Day festivities. President Grant appointed Chipman as secretary of the District of Columbia, until the form of government changed. Chipman was then elected as the district’s delegate to Congress, serving two terms. For years, the Washington Monument stood only partially finished. Chipman led the fight to obtain funding and finish the memorial. As the elected representative at the seat of national government, Chipman and his wife were prominent socially. They entertained some of the most prestigious people of the day. Chipman was particularly close to President Grant and campaigned on his behalf when Grant ran for reelection.
In 1875, Chipman moved to California, laid claim to more land than was owned by any other Californian, and opened the largest lumber company of his day, the Sierra Flume and Lumber Company. The company thrived at first, applying the latest advances in communications and technology. But when a financial panic spread to California from the East coast, the market for lumber collapsed and Chipman declared bankruptcy. He remained in California, devoted to the state, and opened a law practice. He became president of the State Board of Trade, precursor to the Chamber of Commerce, and worked for twenty years to promote the interests of California. He extolled the importance of country fairs and agriculture, and advocated the use of technology to increase yields.
The work of the California Supreme Court became unmanageable as the only appellate court in the state, so the legislature, in 1885, authorized the court to form a commission to help decide cases. Chipman served as a commissioner from 1897 until 1905,when a constitutional amendment allowed the creation of the Court of Appeal. Governor Pardee desired to give the new appellate courts instant credibility and respectability and succeeded in doing so by appointing prominent Californians to preside over the districts of the court. Chipman presided over the Third District in Sacramento, winning two contested, partisan elections to retain the seat. In demand as a speaker, especially to recount his knowledge of Lincoln, Chipman enjoyed statewide prestige. His opinions reflected his extraordinary experiences. He resigned from the court in 1921, because of ill health, and passed away in 1924.
Themes and Illustrations
One of the themes of the book will be Chipman’s influence on today’s way of life -- his participation in the fight to preserve the Union, his contributions in the nation’s capital, the effect he had on California agriculture, and his leadership in the California judiciary. Another theme will be the influence Lincoln had on Chipman as a leader, patriot, promoter of agriculture, and moral person. To a lesser extent, Grant also influenced Chipman’s life, and that will be explored also.
Several portraits are available from the various phases of Chipman’s life, including a Matthew Brady portrait of Chipman in his Civil War uniform. An illustration of the Battle of Fort Donelson by Kurz and Allison gives a feel for the battle, even if it does not accurately reflect the scope or true terrain of the conflict. Thomas Nast gave to Chipman the cartoon Nast drew depicting the impeachment conviction of Johnson, which never happened. Many photographs and drawings of the lumber industry, including the innovative flumes used by Chipman’s company are available in the California State Library. A history written in the 1880’s contains drawings of Chipman’s homes, with elaborate gardens. And the court and library maintain photographs of the Court of Appeal and its chambers in the state capitol during Chipman’s tenure. Chipman willed to the state an original painting by Emmanuel Leutze, Fort Sumter After the Bombardment, which is on display in the state capitol. These are all possible illustrations for the book.
Sources
The primary sources associated directly with Chipman have never before been studied closely or used for historical purposes. He left a collection of papers to the California State Library, and they are still available there. These papers include many letters written to Chipman, contemporary newspaper accounts of the events in which Chipman participated, and speeches Chipman made, mostly in California. Chipman did not write memoirs and rarely spoke or wrote of himself or his family, so much of what is known about him comes from accounts of his activities, his involvement in important events, and his speeches, writings, and opinions. For his early life and his Civil War involvement, local, regimental, and military records provide insight into his life and his times, as well as identifying him personally in many instances. His time in Washington is more fully documented. Books have been written on Andersonville Prison and the trial. The congressional record reflects Chipman’s priorities, speeches, and accomplishments while representing the District of Columbia. A county history and other historical studies cover Chipman’s involvement in the lumber industry, and publications of the late 1800’s include numerous Chipman articles and essays promoting California and its agriculture. A valuable resource on Lincoln is a speech Chipman gave to the Cherry Tree Club in 1906. Official state records reflect Chipman’s California elections and related pursuits. Finally, all of Chipman’s published opinions in 24 years as a Supreme Court commissioner and as presiding justice of the Court of Appeal are preserved in the courts’ official reports.
Concerning Lincoln, Grant, Civil War generals and battles, the War Department, Congress, Washington, D.C., and California history, generally, much valuable research, analysis, and writing is available. The book will take advantage of these secondary sources and analyses to provide historical perspective for Chipman’s life.
Reviewers Already Contacted
Two experts in the fields to be touched on in the book have already consented to review the manuscript when it is ready. Chief Justice Frank J. Williams of the Rhode Island Supreme Court, member of the Abraham Lincoln Bicentennial Commission and author of Judging Lincoln, will review the manuscript with an eye to the portrayal of Lincoln and his influence. Judging Lincoln is a collection of essays on Lincoln’s character, influence at home and abroad, leadership abilities, and legacy. Dr. Kevin Starr, former California State Librarian and current professor of history at the University of Southern California, wrote the acclaimed six-volume series, Americans and the California Dream. He has consented to review the manuscript with his perspective as an expert on California history.
Marketing Opportunities
A Chipman biography presents several marketing opportunities. As the bicentennial of Abraham Lincoln’s birth approaches there will be a natural surge in interest about him and his era. Chipman had a close-up view of Lincoln during the critical war years, so the book will be of interest to those who wish to know Lincoln better. The Civil War is always a fertile subject for the numerous enthusiasts of that cataclysmic struggle. The book will provide new insights into several aspects of the Civil War: the response to Lincoln’s call for volunteers, the important Union victory at Fort Donelson, the relationships between the generals Chipman served closely and the Lincoln administration, the workings of the War Department in the last two years of the war, the Andersonville trial, and the aftermath of the war in Washington, D.C. Chipman’s close association with and promotion of California agriculture affords a chance for those interested in this aspect of California history and those involved in modern-day fairs and agricultural promotion. His presidency of the State Board of Trade, the precursor to the state Chamber of Commerce, will open up marketing opportunities within the latter organization.
Members of the California judiciary, in particular, and members of the California bar, in general, will find much of interest in this book. While the book may not be available until after this centennial year of the Court of Appeal, the festivities and educational activities associated with that centennial will prompt heightened interest in the history of the judiciary and Chipman’s life. As noted, current efforts to use his name in connection with California activities, such as establishment of a statewide Norton Parker Chipman High School Moot Court competition, will provide a ready market for the book. There is a paucity of scholarship on the history of the California judiciary, so a Chipman biography will find that vacuum.
Saturday, March 12, 2005
Passing of Presiding Justice Puglia
Justice Puglia gave me my job at the court. From a pool of 175 applicants, 40 were chosen to intereview with the principal attorney. Then 10 of us were selected to be interviewed by the entire court (10 justices). Two women were hired, one for the chambers of Justice DeCristoforo and the other for central staff, leaving one position. The principal attorney wanted to hire another person, so Justice Puglia, the ultimate decisionmaker, deferred to the principal attorney. The position was offered to the other attorney, but he took the offer and tried to use it as leverage in negotiations for another job. Justice Puglia got wind of that situation and called the assistant to the principal attorney -- the principal attorney had left on vacation -- and said, "Call Hogge and offer him the position." I accepted on the spot, becoming, at the time, the youngest attorney out of about 30 on the court's staff. That was in July 1990. The next month, Justice Nicholson was elevated from the Superior Court and soon selected me as one of his chambers attorneys.
Judge Robert Puglia: A fine life
Conservative jurist's keen intellect shone in elegant legal opinions
By Steve Gibson -- Bee Staff Writer
Published 2:15 am PST Saturday, March 12, 2005
Robert K. Puglia, a legal scholar who served 24 years as presiding justice of California's 3rd District Court of Appeal in Sacramento, died Friday of complications from cancer.
The 75-year-old jurist, an avowed conservative known for his prodigious energy and whose gracefully written legal opinions reflect keen intellect and clear reasoning, retired from the bench in 1998.
His family terminated life support Thursday evening following surgery for a brain hemorrhage, said Dave Puglia, one of his sons.
A former prosecutor and trial lawyer, Mr. Puglia was appointed to Sacramento Superior Court in 1971 by Gov. Ronald Reagan. Three years later Reagan elevated him to the 3rd District court, which hears appeals from trial courts in 23 northern counties.
"Bob was extremely bright, terrific in the courtroom and very personable," said criminal defense attorney Hamilton Hintz, a longtime friend. "He had it all.
"As a judge, his intuition, his insight, his knowledge of the system, made it impossible for an attorney to put anything over on him. He was always one step ahead."
Mr. Puglia, who authored more than 4,000 opinions - more than 400 of them published - was an early voice for open government.
In a 1985 Stockton case, he authored an opinion that expanded the Ralph M. Brown Act, the state's open meeting law. His opinion holds that government agencies can't conduct telephone polls of their governing board members if those calls result in official actions.
Years later, Mr. Puglia wrote, "When government is permitted to operate clandestinely, informed citizen involvement necessary to guard against government usurpation of fundamental liberties is thwarted."
State Supreme Court Chief Justice Ronald George called Mr. Puglia a leader who influenced the administration of justice throughout California.
"For years, he was on an administrative committee of presiding appeals court justices," George said, "and the efficiency he managed to obtain in Sacramento he would share with others."
Among other things, Mr. Puglia served on the California Judicial Council, was an adjunct professor at McGeorge School of Law and was a past president of the California Judges Association.
"While he was by anyone's definition a 'law and order' judge, when he reviewed a case where a defendant was actually denied a fair trial, he would reverse the conviction without hesitation and support it with an elegant and persuasive opinion," said Fred Morrison, an associate justice on the 3rd District Court of Appeal.
Mr. Puglia was also an inveterate traveler and avid baseball fan who visited most of the country's Major League parks. Widely read, he was also a student of Civil War history.
"His memory was legendary," Morrison said. "He seemed never to forget the details of cases he tried 40 years ago. He could cite literally thousands of legal cases from memory and he knew more about the Civil War than anyone I ever knew or knew about."
Associate Justice Coleman Blease, another appellate court colleague, remembered Mr. Puglia as "a model of collegiality: fair, yet firm; dignified and civil in all his dealings.
"His approach was direct, if sometimes subtle. Somewhere between Dale Carnegie and the Marquess of Queensberry.
"I remember the first opinion I sent him. He responded with a concurrence in the form of a separate opinion, which showed the abundant defects in the form and substance of my own draft," Blease recalled. "I quickly adopted his concurrence as my opinion."
Although Mr. Puglia was a registered Republican, Blease described him as "a democrat with a small 'd.'
"He led by example and by involving us in major administrative decisions. He spent untold hours on the details of administration ... (but) carried more than a full caseload despite the burdens of his position.
"He vigorously defended our independence as an appellate court ... (and) protested bureaucratic intrusions on his time."
Born and raised in Ohio, Mr. Puglia first traveled to California when he was 17 and started college at the University of California, Berkeley. But paying out-of-state tuition proved too costly. Returning home, he enrolled at Ohio State University, eventually earning a bachelor's degree.
After graduation, he enlisted in the Army and saw combat as an infantry sergeant in the Korean War. Back in the United States, while stationed at Fort Benning, Ga., and intent on becoming a lawyer, he mailed an application to UC Berkeley's Boalt Hall School of Law.
It was the only law school he applied to, Mr. Puglia recalled years later. After graduating, he moved to Sacramento to work as a deputy state attorney general.
Mr. Puglia later joined the Sacramento County district attorney's staff as a prosecutor, rising to the No. 2 spot before leaving to join a Sacramento law firm, McDonough, Holland & Allen.
In private practice, he tried civil cases and became active in local politics. He chaired Duane Lowe's successful 1970 campaign for Sacramento County sheriff, defeating incumbent John Misterly.
"Without his support I would never have seen the office of sheriff," Lowe said. "He was always my mentor ... the absolutely most wonderful friend. I am heartbroken. I shall never forget his genuine kindness."
After leaving the bench, Mr. Puglia rejoined his old law firm, where he focused on mediation and alternative dispute resolution.
Almost invariably, judges and lawyers familiar with Mr. Puglia's career end up talking about his skillfully written opinions.
"In this wordy profession," Blease said, "Robert was a star ... a master craftsman of lucid prose, the more animated and muscular the better."
Some examples:
Regarding one expert witness' shortcomings: "Either the expert, contrary to (his) claimed qualifications, is utterly lacking in experience and thus not qualified or the 'expert opinion' is simply tendentious psychobabble."
Writing about an unaccountable judicial lapse: "The trial court suffered a momentary bout of dyslexia."
Addressing inadequacy of counsel: "To the list of serious felonies ... should be added the following: 'prosecutorial sloth.' "
Mr. Puglia's no-nonsense demeanor was sometimes formidable and intimidating, masking what Morrison called "a delightful wit and heart of gold."
Blease recalled the time a novice lawyer became tongue-tied during his first appearance before the appellate court.
"Despite Bob's gentle prodding, he was unable to proceed. (Later) Bob wrote a personal letter to him to ease his embarrassment, observing that many of us had suffered similar misadventures. He urged him to 'mount the horse' and try again."
Robert K. Puglia
Born: Oct. 16, 1929
Died: March 11, 2005
Remembered for: His career as a trial lawyer and appellate court judge whose legal opinions reflected a keen intellect and clear reasoning
Survived by: Wife, Ingrid Werdenbach Puglia of Carmichael; sons, Dave of Carmichael, Tom of Salt Lake City and Peter of Rescue, El Dorado County; daughter, Susan Puglia of Elk Grove; brother, Richard Puglia of Urbana, Ohio; and three grandchildren
Funeral services: Pending
Judge Robert Puglia: A fine life
Conservative jurist's keen intellect shone in elegant legal opinions
By Steve Gibson -- Bee Staff Writer
Published 2:15 am PST Saturday, March 12, 2005
Robert K. Puglia, a legal scholar who served 24 years as presiding justice of California's 3rd District Court of Appeal in Sacramento, died Friday of complications from cancer.
The 75-year-old jurist, an avowed conservative known for his prodigious energy and whose gracefully written legal opinions reflect keen intellect and clear reasoning, retired from the bench in 1998.
His family terminated life support Thursday evening following surgery for a brain hemorrhage, said Dave Puglia, one of his sons.
A former prosecutor and trial lawyer, Mr. Puglia was appointed to Sacramento Superior Court in 1971 by Gov. Ronald Reagan. Three years later Reagan elevated him to the 3rd District court, which hears appeals from trial courts in 23 northern counties.
"Bob was extremely bright, terrific in the courtroom and very personable," said criminal defense attorney Hamilton Hintz, a longtime friend. "He had it all.
"As a judge, his intuition, his insight, his knowledge of the system, made it impossible for an attorney to put anything over on him. He was always one step ahead."
Mr. Puglia, who authored more than 4,000 opinions - more than 400 of them published - was an early voice for open government.
In a 1985 Stockton case, he authored an opinion that expanded the Ralph M. Brown Act, the state's open meeting law. His opinion holds that government agencies can't conduct telephone polls of their governing board members if those calls result in official actions.
Years later, Mr. Puglia wrote, "When government is permitted to operate clandestinely, informed citizen involvement necessary to guard against government usurpation of fundamental liberties is thwarted."
State Supreme Court Chief Justice Ronald George called Mr. Puglia a leader who influenced the administration of justice throughout California.
"For years, he was on an administrative committee of presiding appeals court justices," George said, "and the efficiency he managed to obtain in Sacramento he would share with others."
Among other things, Mr. Puglia served on the California Judicial Council, was an adjunct professor at McGeorge School of Law and was a past president of the California Judges Association.
"While he was by anyone's definition a 'law and order' judge, when he reviewed a case where a defendant was actually denied a fair trial, he would reverse the conviction without hesitation and support it with an elegant and persuasive opinion," said Fred Morrison, an associate justice on the 3rd District Court of Appeal.
Mr. Puglia was also an inveterate traveler and avid baseball fan who visited most of the country's Major League parks. Widely read, he was also a student of Civil War history.
"His memory was legendary," Morrison said. "He seemed never to forget the details of cases he tried 40 years ago. He could cite literally thousands of legal cases from memory and he knew more about the Civil War than anyone I ever knew or knew about."
Associate Justice Coleman Blease, another appellate court colleague, remembered Mr. Puglia as "a model of collegiality: fair, yet firm; dignified and civil in all his dealings.
"His approach was direct, if sometimes subtle. Somewhere between Dale Carnegie and the Marquess of Queensberry.
"I remember the first opinion I sent him. He responded with a concurrence in the form of a separate opinion, which showed the abundant defects in the form and substance of my own draft," Blease recalled. "I quickly adopted his concurrence as my opinion."
Although Mr. Puglia was a registered Republican, Blease described him as "a democrat with a small 'd.'
"He led by example and by involving us in major administrative decisions. He spent untold hours on the details of administration ... (but) carried more than a full caseload despite the burdens of his position.
"He vigorously defended our independence as an appellate court ... (and) protested bureaucratic intrusions on his time."
Born and raised in Ohio, Mr. Puglia first traveled to California when he was 17 and started college at the University of California, Berkeley. But paying out-of-state tuition proved too costly. Returning home, he enrolled at Ohio State University, eventually earning a bachelor's degree.
After graduation, he enlisted in the Army and saw combat as an infantry sergeant in the Korean War. Back in the United States, while stationed at Fort Benning, Ga., and intent on becoming a lawyer, he mailed an application to UC Berkeley's Boalt Hall School of Law.
It was the only law school he applied to, Mr. Puglia recalled years later. After graduating, he moved to Sacramento to work as a deputy state attorney general.
Mr. Puglia later joined the Sacramento County district attorney's staff as a prosecutor, rising to the No. 2 spot before leaving to join a Sacramento law firm, McDonough, Holland & Allen.
In private practice, he tried civil cases and became active in local politics. He chaired Duane Lowe's successful 1970 campaign for Sacramento County sheriff, defeating incumbent John Misterly.
"Without his support I would never have seen the office of sheriff," Lowe said. "He was always my mentor ... the absolutely most wonderful friend. I am heartbroken. I shall never forget his genuine kindness."
After leaving the bench, Mr. Puglia rejoined his old law firm, where he focused on mediation and alternative dispute resolution.
Almost invariably, judges and lawyers familiar with Mr. Puglia's career end up talking about his skillfully written opinions.
"In this wordy profession," Blease said, "Robert was a star ... a master craftsman of lucid prose, the more animated and muscular the better."
Some examples:
Regarding one expert witness' shortcomings: "Either the expert, contrary to (his) claimed qualifications, is utterly lacking in experience and thus not qualified or the 'expert opinion' is simply tendentious psychobabble."
Writing about an unaccountable judicial lapse: "The trial court suffered a momentary bout of dyslexia."
Addressing inadequacy of counsel: "To the list of serious felonies ... should be added the following: 'prosecutorial sloth.' "
Mr. Puglia's no-nonsense demeanor was sometimes formidable and intimidating, masking what Morrison called "a delightful wit and heart of gold."
Blease recalled the time a novice lawyer became tongue-tied during his first appearance before the appellate court.
"Despite Bob's gentle prodding, he was unable to proceed. (Later) Bob wrote a personal letter to him to ease his embarrassment, observing that many of us had suffered similar misadventures. He urged him to 'mount the horse' and try again."
Robert K. Puglia
Born: Oct. 16, 1929
Died: March 11, 2005
Remembered for: His career as a trial lawyer and appellate court judge whose legal opinions reflected a keen intellect and clear reasoning
Survived by: Wife, Ingrid Werdenbach Puglia of Carmichael; sons, Dave of Carmichael, Tom of Salt Lake City and Peter of Rescue, El Dorado County; daughter, Susan Puglia of Elk Grove; brother, Richard Puglia of Urbana, Ohio; and three grandchildren
Funeral services: Pending
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