Carlos Moreno
Encyclopedia
Carlos Roberto Moreno is a Mexican-American
jurist
. Following his retirement from the Supreme Court of California
, Moreno is currently of counsel with the California-based law firm Irell & Manella
. Moreno was considered to be a leading candidate to replace retiring Justice David Souter
on the U.S. Supreme Court.
When he was sworn in as an Associate Justice of the Supreme Court of California in 2001, Justice Carlos Moreno chose to relinquish his lifetime seat on the U.S. District Court where he had presided over a broad range of complex civil and criminal matters since his appointment in 1998 by President Bill Clinton
. On the state's highest court, he has the opportunity to "really address critical cutting-edge issues involving social policy," and his service allows him to contribute to "decisions about what direction the law is going to take."
As an Associate Justice of the California Supreme Court, Justice Moreno reviewed on appeal a wide range of civil and criminal cases, which have substantial state and federal constitutional implications. With his appointment to the Supreme Court of California, he became only the third judge of Hispanic heritage to serve in the Court's nearly 150-year history, and the first in more than a decade. Apart from raising his family, he considers his appointment to the Supreme Court as his proudest accomplishment. "The appointment to California's highest court is the dream of a lifetime for any lawyer who loves the law."
Justice Moreno's service in the judiciary began with his appointment in 1986 to the Municipal Court, Compton Judicial District, by Governor George Deukmejian
. In that capacity, he adjudicated criminal matters, with an emphasis on serious felony offenses, and supervised the court's civil department until 1993, when Governor Pete Wilson
elevated him to the Los Angeles County Superior Court, where he presided over felony trials. Justice Moreno is unique in that he has been nominated to judgeships by four different appointing executive authorities, two of whom are Democrats, and two who are Republicans.
immigrant mother who arrived in the country with few skills and no resources after the death of his father. He grew up in a home where Spanish was the first language and where no family member had an education beyond high school. In a recent speech at the UC Davis School of Law
(King Hall
), he told students, "I never in my wildest dreams thought that I could become one of seven judges on the highest court in the state. I want to emphasize to you the idea that no matter what your dreams may be, you can follow them."
A native of Los Angeles
, Justice Moreno grew up in a small community in Elysian Park known as Solano Canyon. He attended local public schools before going east to Yale University
, from which he graduated in 1970. He realized early in his education that he had a skill which enabled him to navigate through complex procedures as he assisted various relatives in responding to requests for additional information regarding insurance claims and applications for benefits. He was later drawn to the study of law so that he could help others on a larger scale and with a broader range of issues.
in political science
from Yale University
in 1970 and his J.D.
from Stanford Law School
in 1975. After graduating from Stanford Law School
and being admitted to the Bar in 1975, he served in the Los Angeles City Attorney's Office. As Deputy City Attorney, he prosecuted criminal and civil consumer protection cases, and handled politically sensitive and legislative matters for the City Attorney. In 1979, he joined the firm of Mori & Ota (which became part of Kelley Drye & Warren) representing the firm's business clients in its general commercial litigation practice.
George Deukmejian
appointed Moreno to the criminal court in Compton
. In 1993, Governor Pete Wilson
appointed him to the Superior Court of Los Angeles County
. President
Bill Clinton
nominated him for a federal judgeship on the United States District Court for the Central District of California
, a position for which he was confirmed in 1998.
Moreno resigned from the Central District of California on October 18, 2001, when he was appointed to the Supreme Court of California following his nomination by Governor Gray Davis
. In November 2002, California voters confirmed Justice Moreno for the remainder of the term of his deceased predecessor, Justice Stanley Mosk
. In 2010, California voters confirmed Justice Moreno to a full 12-year term.
On January 6, 2011, Justice Moreno announced his intention to retire from the California Supreme Court effective February 28, 2011.
Justice Moreno was honored with the Criminal Justice Superior Court Judge of the Year Award in 1997, from the Los Angeles County Bar Association, and was presented with the "For God, For Country, and For Yale" Award in 2001, recognizing him as a distinguished alumnus of Yale University. He also received an honorary degree from Southwestern University School of Law in May 2002 for his devotion to the justice system, young people and the community.
reported that President Barack Obama
was considering Moreno, among others, for possible appointment to the United States Supreme Court. Despite the potential nomination, he held firm to his controversial dissent in Strauss v. Horton and did not change his vote. Obama's nomination of Sonia Sotomayor
as the new Justice happened on the same day as the release of his dissent.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
jurist
Jurist
A jurist or jurisconsult is a professional who studies, develops, applies, or otherwise deals with the law. The term is widely used in American English, but in the United Kingdom and many Commonwealth countries it has only historical and specialist usage...
. Following his retirement from the Supreme Court of California
Supreme Court of California
The Supreme Court of California is the highest state court in California. It is headquartered in San Francisco and regularly holds sessions in Los Angeles and Sacramento. Its decisions are binding on all other California state courts.-Composition:...
, Moreno is currently of counsel with the California-based law firm Irell & Manella
Irell & Manella
Irell & Manella LLP was founded in 1941 by lawyers Lawrence E. Irell and Arthur Manella , and has grown to 220 lawyers. It currently has two locations in Southern California: Century City and Newport Beach. Irell is well known for both intellectual property litigation and general business...
. Moreno was considered to be a leading candidate to replace retiring Justice David Souter
David Souter
David Hackett Souter is a former Associate Justice of the Supreme Court of the United States. He served from 1990 until his retirement on June 29, 2009. Appointed by President George H. W. Bush to fill the seat vacated by William J...
on the U.S. Supreme Court.
When he was sworn in as an Associate Justice of the Supreme Court of California in 2001, Justice Carlos Moreno chose to relinquish his lifetime seat on the U.S. District Court where he had presided over a broad range of complex civil and criminal matters since his appointment in 1998 by President Bill Clinton
Bill Clinton
William Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation...
. On the state's highest court, he has the opportunity to "really address critical cutting-edge issues involving social policy," and his service allows him to contribute to "decisions about what direction the law is going to take."
As an Associate Justice of the California Supreme Court, Justice Moreno reviewed on appeal a wide range of civil and criminal cases, which have substantial state and federal constitutional implications. With his appointment to the Supreme Court of California, he became only the third judge of Hispanic heritage to serve in the Court's nearly 150-year history, and the first in more than a decade. Apart from raising his family, he considers his appointment to the Supreme Court as his proudest accomplishment. "The appointment to California's highest court is the dream of a lifetime for any lawyer who loves the law."
Justice Moreno's service in the judiciary began with his appointment in 1986 to the Municipal Court, Compton Judicial District, by Governor George Deukmejian
George Deukmejian
Courken George Deukmejian, Jr. born June 6, 1928) is an Armenian American politician from California who as a Republican served as the 35th Governor of California and as California Attorney General .-Early life:...
. In that capacity, he adjudicated criminal matters, with an emphasis on serious felony offenses, and supervised the court's civil department until 1993, when Governor Pete Wilson
Pete Wilson
Peter Barton "Pete" Wilson is an American politician from California. Wilson, a Republican, served as the 36th Governor of California , the culmination of more than three decades in the public arena that included eight years as a United States Senator , eleven years as Mayor of San Diego and...
elevated him to the Los Angeles County Superior Court, where he presided over felony trials. Justice Moreno is unique in that he has been nominated to judgeships by four different appointing executive authorities, two of whom are Democrats, and two who are Republicans.
Early life and family
Moreno is the son of a MexicanMexican people
Mexican people refers to all persons from Mexico, a multiethnic country in North America, and/or who identify with the Mexican cultural and/or national identity....
immigrant mother who arrived in the country with few skills and no resources after the death of his father. He grew up in a home where Spanish was the first language and where no family member had an education beyond high school. In a recent speech at the UC Davis School of Law
UC Davis School of Law
The University of California Davis School of Law , referred to as UC Davis School of Law and commonly known as King Hall and UC Davis Law, is an American Bar Association approved law school located in Davis, California on the campus of the University of California, Davis. The school received ABA...
(King Hall
King Hall
King Hall may refer to*Charles King Hall, a British composer;*UC Davis School of Law ; and*The mess hall at the United States Naval Academy....
), he told students, "I never in my wildest dreams thought that I could become one of seven judges on the highest court in the state. I want to emphasize to you the idea that no matter what your dreams may be, you can follow them."
A native of Los Angeles
Los Ángeles
Los Ángeles is the capital of the province of Biobío, in the commune of the same name, in Region VIII , in the center-south of Chile. It is located between the Laja and Biobío rivers. The population is 123,445 inhabitants...
, Justice Moreno grew up in a small community in Elysian Park known as Solano Canyon. He attended local public schools before going east to Yale University
Yale University
Yale University is a private, Ivy League university located in New Haven, Connecticut, United States. Founded in 1701 in the Colony of Connecticut, the university is the third-oldest institution of higher education in the United States...
, from which he graduated in 1970. He realized early in his education that he had a skill which enabled him to navigate through complex procedures as he assisted various relatives in responding to requests for additional information regarding insurance claims and applications for benefits. He was later drawn to the study of law so that he could help others on a larger scale and with a broader range of issues.
Education and early legal career
Moreno received his B.A.Bachelor of Arts
A Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...
in political science
Political science
Political Science is a social science discipline concerned with the study of the state, government and politics. Aristotle defined it as the study of the state. It deals extensively with the theory and practice of politics, and the analysis of political systems and political behavior...
from Yale University
Yale University
Yale University is a private, Ivy League university located in New Haven, Connecticut, United States. Founded in 1701 in the Colony of Connecticut, the university is the third-oldest institution of higher education in the United States...
in 1970 and his J.D.
Juris Doctor
Juris Doctor is a professional doctorate and first professional graduate degree in law.The degree was first awarded by Harvard University in the United States in the late 19th century and was created as a modern version of the old European doctor of law degree Juris Doctor (see etymology and...
from Stanford Law School
Stanford Law School
Stanford Law School is a graduate school at Stanford University located in the area known as the Silicon Valley, near Palo Alto, California in the United States. The Law School was established in 1893 when former President Benjamin Harrison joined the faculty as the first professor of law...
in 1975. After graduating from Stanford Law School
Stanford Law School
Stanford Law School is a graduate school at Stanford University located in the area known as the Silicon Valley, near Palo Alto, California in the United States. The Law School was established in 1893 when former President Benjamin Harrison joined the faculty as the first professor of law...
and being admitted to the Bar in 1975, he served in the Los Angeles City Attorney's Office. As Deputy City Attorney, he prosecuted criminal and civil consumer protection cases, and handled politically sensitive and legislative matters for the City Attorney. In 1979, he joined the firm of Mori & Ota (which became part of Kelley Drye & Warren) representing the firm's business clients in its general commercial litigation practice.
Judicial service
In 1986, GovernorGovernor of California
The Governor of California is the chief executive of the California state government, whose responsibilities include making annual State of the State addresses to the California State Legislature, submitting the budget, and ensuring that state laws are enforced...
George Deukmejian
George Deukmejian
Courken George Deukmejian, Jr. born June 6, 1928) is an Armenian American politician from California who as a Republican served as the 35th Governor of California and as California Attorney General .-Early life:...
appointed Moreno to the criminal court in Compton
Compton, California
Compton is a city in southern Los Angeles County, California, United States, southeast of downtown Los Angeles. The city of Compton is one of the oldest cities in the county and on May 11, 1888, was the eighth city to incorporate. The city is considered part of the South side by residents of Los...
. In 1993, Governor Pete Wilson
Pete Wilson
Peter Barton "Pete" Wilson is an American politician from California. Wilson, a Republican, served as the 36th Governor of California , the culmination of more than three decades in the public arena that included eight years as a United States Senator , eleven years as Mayor of San Diego and...
appointed him to the Superior Court of Los Angeles County
Los Angeles County, California
Los Angeles County is a county in the U.S. state of California. As of 2010 U.S. Census, the county had a population of 9,818,605, making it the most populous county in the United States. Los Angeles County alone is more populous than 42 individual U.S. states...
. President
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
Bill Clinton
Bill Clinton
William Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation...
nominated him for a federal judgeship on the United States District Court for the Central District of California
United States District Court for the Central District of California
The United States District Court for the Central District of California serves over 18 million people in southern and central California, making it the largest federal judicial district by population...
, a position for which he was confirmed in 1998.
Moreno resigned from the Central District of California on October 18, 2001, when he was appointed to the Supreme Court of California following his nomination by Governor Gray Davis
Gray Davis
Joseph Graham "Gray" Davis, Jr. is an American Democratic politician who served as California's 37th Governor from 1999 until being recalled in 2003...
. In November 2002, California voters confirmed Justice Moreno for the remainder of the term of his deceased predecessor, Justice Stanley Mosk
Stanley Mosk
Stanley Mosk was an Associate Justice of the California Supreme Court for 37 years , and holds the record for the longest-serving justice on that court. Before sitting on the Supreme Court, he served as Attorney General of California and as a trial court judge, among other governmental positions...
. In 2010, California voters confirmed Justice Moreno to a full 12-year term.
On January 6, 2011, Justice Moreno announced his intention to retire from the California Supreme Court effective February 28, 2011.
Awards and honors
Formerly the president of the Mexican American Bar Association, Justice Moreno serves the community in a variety of ways. He has been a member of the California Judges Association, the Presiding Judges Association and the Municipal Court Judges Association of Los Angeles County and was also the president of the Yale Club of Southern California, and a member of the Stanford University Law School Board of Visitors. He currently serves as a director of the Arroyo Vista Family Health Center and the Western Justice Center Foundation.Justice Moreno was honored with the Criminal Justice Superior Court Judge of the Year Award in 1997, from the Los Angeles County Bar Association, and was presented with the "For God, For Country, and For Yale" Award in 2001, recognizing him as a distinguished alumnus of Yale University. He also received an honorary degree from Southwestern University School of Law in May 2002 for his devotion to the justice system, young people and the community.
Possible nomination to the U.S. Supreme Court
On May 13, 2009, the Associated PressAssociated Press
The Associated Press is an American news agency. The AP is a cooperative owned by its contributing newspapers, radio and television stations in the United States, which both contribute stories to the AP and use material written by its staff journalists...
reported that President Barack Obama
Barack Obama
Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...
was considering Moreno, among others, for possible appointment to the United States Supreme Court. Despite the potential nomination, he held firm to his controversial dissent in Strauss v. Horton and did not change his vote. Obama's nomination of Sonia Sotomayor
Sonia Sotomayor
Sonia Maria Sotomayor is an Associate Justice of the Supreme Court of the United States, serving since August 2009. Sotomayor is the Court's 111th justice, its first Hispanic justice, and its third female justice....
as the new Justice happened on the same day as the release of his dissent.
Cases
Notable California Supreme Court opinions authored by Justice Moreno include:- Elisa B. v. Superior Court (2005) 37 Cal.4th 108, in which the court concluded that California law recognized parental relationships involving two women; "We perceive no reason why both parents of a child cannot be women."
- Koebke v. Bernardo Heights Country Club (2005) 36 Cal.4th 824, in which the court determined that state anti-discrimination law barred businesses from treating registered domestic partnersDomestic partnershipA domestic partnership is a legal or personal relationship between two individuals who live together and share a common domestic life but are neither joined by marriage nor a civil union...
differently from marriedMarriageMarriage is a social union or legal contract between people that creates kinship. It is an institution in which interpersonal relationships, usually intimate and sexual, are acknowledged in a variety of ways, depending on the culture or subculture in which it is found...
couples.
- Korea Supply Co. v. Lockheed Martin Corp. (2003) 29 Cal.4th 1134, in which the court concluded that nonrestitutionary disgorgement of profits was not an available remedy in an individual action brought under the state unfair competition law (California Business and Professions Code section 17200 et seq.).
External links
- Biography from the Judicial Council of California.