Marvin Ray Baxter (born January 9, 1940) is a former
Associate Justice
Associate justice or associate judge (or simply associate) is a judicial panel member who is not the chief justice in some jurisdictions. The title "Associate Justice" is used for members of the Supreme Court of the United States and some sta ...
of the
Supreme Court of California
The Supreme Court of California is the highest and final court of appeals in the courts of the U.S. state of California. It is headquartered in San Francisco at the Earl Warren Building, but it regularly holds sessions in Los Angeles and Sacra ...
who served from January 1991 to January 5, 2015.
Background
Baxter was born in
Fowler, California
Fowler (formerly, Fowler's Switch) is a city in Fresno County, California, United States. It is located within the San Joaquin Valley. It has a strong agricultural community, with lush grape vineyards and expansive farmland. Fowler is located s ...
, and was raised on his family's farm. He is of
Armenian
Armenian may refer to:
* Something of, from, or related to Armenia, a country in the South Caucasus region of Eurasia
* Armenians, the national people of Armenia, or people of Armenian descent
** Armenian Diaspora, Armenian communities across the ...
descent; all four of his grandparents were born in Armenia and later moved to the United States.
[Maura Dolan]
"Sentence Upheld in Turkish Diplomat's Slaying,"
''Los Angeles Times
The ''Los Angeles Times'' (abbreviated as ''LA Times'') is a daily newspaper that started publishing in Los Angeles in 1881. Based in the LA-adjacent suburb of El Segundo since 2018, it is the sixth-largest newspaper by circulation in the ...
'', 3 February 1995. His paternal grandfather changed the family surname from Bagdasarian to Baxter because of strong anti-Armenian prejudice in the Fresno area during the 1930s.
Baxter graduated from Fowler High School and went on to attend
California State University, Fresno
California State University, Fresno (Fresno State) is a public university in Fresno, California. It is one of 23 campuses in the California State University system. The university had a fall 2020 enrollment of 25,341 students. It offers bachelo ...
, where he earned his undergraduate degree in
economics
Economics () is the social science that studies the production, distribution, and consumption of goods and services.
Economics focuses on the behaviour and interactions of economic agents and how economies work. Microeconomics analy ...
. In November 1961, as Fresno student body president he received a telegram of support from President
John F. Kennedy
John Fitzgerald Kennedy (May 29, 1917 – November 22, 1963), often referred to by his initials JFK and the nickname Jack, was an American politician who served as the 35th president of the United States from 1961 until his assassination ...
for the
Mercy Bowl The Mercy Bowl was the name to two one-off charity bowl games played at the Los Angeles Memorial Coliseum in Los Angeles, California
Los Angeles ( ; es, Los Ángeles, link=no , ), often referred to by its initials L.A., is the largest c ...
football game. Upon graduation, Baxter became a
Coro Foundation
Coro is an American non-partisan, non-profit organization best known for its fellowship program dedicated to teaching skills useful in leadership in public affairs to young adults.
The organization was founded in San Francisco in 1942 by W. Do ...
Fellow in Public Affairs (1962–63), then entered
UC Hastings College of the Law
The University of California, Hastings College of the Law (UC Hastings) is a public law school in San Francisco, California. Founded in 1878 by Serranus Clinton Hastings, UC Hastings was the first law school of the University of California as ...
, from which he earned his
law degree
A law degree is an academic degree conferred for studies in law. Such degrees are generally preparation for legal careers. But while their curricula may be reviewed by legal authority, they do not confer a license themselves. A legal license is gr ...
in 1966.
In 1967, Baxter began his legal career as a
Fresno County
Fresno County (), officially the County of Fresno, is a county located in the central portion of the U.S. state of California. As of the 2020 Census, the population was 1,008,654. The county seat is Fresno, the fifth-most populous city in Cal ...
deputy
district attorney. Subsequently, he entered private practice in
civil law
Civil law may refer to:
* Civil law (common law), the part of law that concerns private citizens and legal persons
* Civil law (legal system), or continental law, a legal system originating in continental Europe and based on Roman law
** Private la ...
in 1969.
It was during this time he was an associate and then a partner in the Fresno law firm of Andrews, Andrews, Thaxter, Jones and Baxter where he practiced civil law.
In 1983, he moved back into public service as Appointments Secretary to Governor
George Deukmejian
Courken George Deukmejian Jr. (;
June 6, 1928 – May 8, 2018) was an American politician who served as the 35th governor of California from 1983 to 1991. Of Armenian descent, Deukmejian was a member of the Republican Party and he also served ...
, advising him on judicial and executive appointments.
In December 1988, Governor Deukmejian appointed Baxter as an associate justice of the
California Court of Appeal
The California Courts of Appeal are the state intermediate appellate courts in the U.S. state of California. The state is geographically divided along county lines into six appellate districts. for the Fifth District. In January 1991, he was appointed Associate Justice of the Supreme Court of California.
He was retained by the electorate in November 2002, with 71.5% of the vote, for a 12-year term.
Baxter retired from the court at the end of his term on January 4, 2015.
Judicial philosophy
Baxter preferred not to describe his own judicial philosophy, but a 1993 article in the ''
Los Angeles Times
The ''Los Angeles Times'' (abbreviated as ''LA Times'') is a daily newspaper that started publishing in Los Angeles in 1881. Based in the LA-adjacent suburb of El Segundo since 2018, it is the sixth-largest newspaper by circulation in the ...
'' described him as having an "emerging reputation among court observers as cautious, conservative and competent". Observers split between those who considered him a solid part of the Court's conservative majority (led by
Malcolm M. Lucas), and others who considered him harder to pin down.
Baxter's notable case opinions include ''
People v. Superior Court (Decker)
''The People of the State of California v. Superior Court (Decker)'', 41 Cal. 4th 1 (2007), is a criminal case decided by the Supreme Court of California that distinguished between solicitation and attempt.''Criminal Law - Cases and Materials'' ...
'', in which he wrote the majority opinion finding the hiring of a "hit man" to kill constituted attempted murder. Baxter voted with the majority in: ''
Randall v. Orange County Council
''Randall v. Orange County Council'', 17 Cal.4th 736, 952 P.2d 261, 72 Cal.Rptr.2d 453 (1998), was a case before the Supreme Court of California that established that groups such as the Boy Scouts of America are not considered "business establish ...
'' (1998), concerning the applicability of a civil rights statute to the
Boy Scouts of America
The Boy Scouts of America (BSA, colloquially the Boy Scouts) is one of the largest scouting organizations and one of the largest List of youth organizations, youth organizations in the United States, with about 1.2 million youth partici ...
; ''
Strauss v. Horton'' (2009), regarding
Proposition 8
Proposition 8, known informally as Prop 8, was a California ballot proposition and a state constitutional amendment intended to ban same-sex marriage; it passed in the November 2008 California state elections and was later overturned in court ...
and same-sex marriage; and ''
People v. Diaz'' (2011), finding police may search a cell phone obtained during an arrest without a warrant. He joined the concurrence and dissent of Justice
Edward A. Panelli
Edward Alexander Panelli (born November 23, 1931) is a former Associate Justice of the Supreme Court of California who served from December 24, 1985, to May 3, 1994.
Biography
Panelli was born in Santa Clara, California, received his B.S. Degree ...
in ''
Knight v. Jewett'' (1992), holding assumption of risk could still bar a claim for negligence. In 2008, he was part of the dissenting minority in ''
In re Marriage Cases
''In re Marriage Cases'', 43 Cal. 4th 757 (Cal. 2008) was a California Supreme Court case where the court held that laws treating classes of persons differently based on sexual orientation should be subject to strict judicial scrutiny, and that ...
'', a 4–3 decision legalizing
same-sex marriage in California
Same-sex marriage in California has been legal since June 28, 2013. The U.S. state first issued marriage licenses to same-sex couples on June 16, 2008 as a result of the Supreme Court of California finding in the case of ''In re Marriage Cases'' ...
.
Honors and awards
On May 16, 2015, Baxter received an honorary
Doctor of laws
A Doctor of Law is a degree in law. The application of the term varies from country to country and includes degrees such as the Doctor of Juridical Science (J.S.D. or S.J.D), Juris Doctor (J.D.), Doctor of Philosophy (Ph.D.), and Legum Doctor ( ...
degree from California State University, Fresno.
See also
*
List of justices of the Supreme Court of California
The Supreme Court of California is the highest judicial body in the state and sits at the apex of the judiciary of California. Its membership consists of the Chief Justice of California and six associate justices who are nominated by the Governo ...
*
Armand Arabian
References
External links
Marvin R. Baxter California Supreme Court Historical Society.
Opinions written by Marcus Baxter Courtlistener.com
*
California State Courts.
{{DEFAULTSORT:Baxter, Marvin R.
1940 births
Living people
Justices of the Supreme Court of California
Judges of the California Courts of Appeal
California State University, Fresno alumni
University of California College of the Law, San Francisco alumni
American people of Armenian descent
People from Fowler, California
Lawyers from Fresno, California
20th-century American judges
20th-century American lawyers
21st-century American judges