History is complicated. As Asian-Americans, we are well aware of our mythological status as a so-called model minority. But, simply because of the way we look—even when our ancestors were born here decades ago—we are branded consciously or subconsciously as foreigners. As lawyers and judges, our competency as advocates and English fluency are not rebuttable presumptions, but rather things that must be proven 24/7. So too must our right to live and work in the United States our loyalty to the United States be substantiated time and time again. How do we respond?

The Legacy of Judge William Marutani

For inspiration, we can turn to the legacy of the late Judge William Marutani, the distinguished and courageous jurist who served on the Court of Common Pleas in Philadelphia, after a brilliant career as a lawyer and civil rights advocate. Judge Marutani was a second-generation American teenager studying pre-law at the University of Washington when World War II broke out. The U.S. government ordered Japanese-Americans, including Judge Marutani and his family, to relocate to a camp in Tule Lake in northern California where he was incarcerated for six months until government officials released him to attend college.

As reported in an interview with the Philadelphia Inquirer in 2000, this injustice was mind-boggling to Marutani: “My mind would not accept the fact that my own country was doing this to me … to have your country against you, you wonder if something is wrong with you. I was insulted … the paranoia in this country was absolutely staggering.”

Instead of falling into despair, Judge Marutani joined the Army and later became part of the Military Intelligence Service in Japan, after several futile attempts to enlist with the Navy, which prohibited the enlistment of Japanese-Americans during World War II. He, like many other incarcerated Japanese-Americans who served in the U.S. military during World War II, fought for the United States because they had an abiding faith in democracy and the ability of our country to overcome the damage caused by the fear and paranoia of prejudice. It was during this stint for the Army in Japan that Judge Marutani met his wife, Victoria, and reunited with his sister who was in Hiroshima when the first bomb fell in August 1945.

After World War II, Judge Marutani graduated from the University of Chicago Law School and worked at a law firm while volunteering his time on school desegregation and voting rights cases, which exposed him to substantial personal risk. He joined the Japanese American Citizens League, serving as both president of the Philadelphia chapter and as the organization's national legal counsel. Marutani's passion for civil rights for all took him to Louisiana after passage of the Voting Rights Act of 1965 where his temporary office was bombed as a warning when he served as chief counsel in a successful desegregation case in Louisiana. Marutani's role as the JACL's general counsel also took him before the Supreme Court in 1967 where he represented the group as an amicus curiae petitioner in the landmark case, Loving v. Virginia. For years, the JACL fought against interracial marriage bans throughout the United States. The first Japanese-American to argue before the Supreme Court, Marutani argued for the reversal of anti-miscegenation laws in 17 states. In a unanimous decision, the Supreme Court held that Virginia's anti-miscegenation statute violated the Fourteenth Amendment.

A vocal advocate for reparations to Japanese-Americans, who like him, had been interned by the United States during World War II, Judge Marutani was appointed by President Jimmy Carter to serve on the Commission on Wartime Relocation and Internment of Civilians. The only Japanese-American on the commission, Judge Marutani played a critical role in issuing its recommendations and finding that executive order 9066, which authorized the forced relocation and internment of Japanese-Americans, was not justified by military necessity, but rather was motivated by race prejudice, war hysteria and a failure of political leadership. The commission's recommendations led to the passage of the Civil Liberties Act of 1988 through which the U.S. government made a formal apology to Japanese-Americans incarcerated during World War II and granted them reparations. Marutani recused himself early on from receiving any compensation.

When Gov. Milton Shapp appointed Judge Marutani to serve on the Court of Common Pleas in 1975, he became the first Asian-American outside the Pacific coast states to serve as a judge of a court of general jurisdiction. In 1977, he was elected in his own right to serve a 10-year term. He had earned a fine reputation as a jurist, and certainly deserved election to the bench, but often joked about the fact that his last name ended in a vowel so it sounded Italian and could have earned him some votes.

A Paragon of Justice and Virtue

Phoebe Haddon, now chancellor at Rutgers University-Camden, wrote that Judge Marutani used his position as a judge (and lawyer) to ensure equal access to justice and fairness. Numerous sitting judges, including Judge Leon Tucker and Judge Doris Pechkurow, who tried cases before Judge Marutani, echo this observation and remember fondly his sound judgment, fairness and dignity as a jurist. Judge Marutani controlled the courtroom without raising his voice. He also took care to ensure there was more diversity in court appointments, asking Judge Idee Fox to serve as a master when she first practiced as a lawyer in the late 1970s, when there were far fewer women in the legal profession.

While quite dignified and reserved on the bench, Judge Marutani had a wicked sense of humor which occasionally surfaced in his opinions. For example, in Carter v. Weiner, an unfortunate lawyer mistakenly used the word “perpetuate” after which Judge Marutani inserted [perpetrate?] in granting his adversary's request for relief.

As decorum is essential to ensure the dispensation of justice in the courtroom, Judge Marutani did not tolerate the antics of attorneys whose over-zealous advocacy disrupted the serious work of our democracy. In Mueller v. Bracey, Marutani fined an attorney for contempt no fewer than six times during one trial for “ignoring the court's numerous admonitions—administered both at sidebar and in the presence of the jury—and continued to: characterize the testimony while purporting to interpose objections … engage in highly improper conduct in the presence of the jury … revealing the counsel's blatant disregard for the court's authority in front of the jury.” The Superior Court reversed this decision, but Marutani was later vindicated when the attorney in question was disbarred for his contumacious conduct.

Judge Marutani did what he determined to be just and did not recoil from controversy. He displayed immense courage in issuing the landmark decision in Newberg v. Board of Public Education in 1984 when he enjoined the School District of Philadelphia from excluding female students from admission to Central High School based on their sex alone. To reach his decision, Judge Marutani relied on the empirical data provided by a former single sex institution which became co-educational after 337 years, impatient with opinions and predictions of theorists. This empirical evidence showed no regression in the quality in academic programs, an increased involvement in school activities, and more respect for students of opposite sex. As Marutani observed: “it would be obdurate folly to evaluate the evidence otherwise.”

Striking down the gender barrier required Judge Marutani to tackle an adverse 1977 U.S. Court of Appeals for the Third Circuit decision, Vorchheimer v. School District of Philadelphia, which denied relief to girls seeking admission to Central High School. In Newberg, Judge Marutani methodically eviscerated the factual and procedural underpinnings of Vorchheimer. He then resolved the issue of gender discrimination based upon the equal protection clause of the Fourteenth Amendment and struck down the single sex admission policy under Pennsylvania's Equal Rights Amendment for good measure: “lest our perceived resolution be subsequently deemed unfounded.” The school district did not take an appeal. Justice was done.

Conclusion

To Judge Marutani, the fight for democracy and our democratic values extended far beyond his own interests. Even though the U.S. government unjustly incarcerated Marutani during World War II, he did not abandon the United States. He chose to join the fight on behalf of the United States because he believed that democracy and our democratic principles will ultimately prevail over persecution or policy that arises from fear and prejudice. In November 2004, shortly after Judge Marutani passed away, California Rep. Michael M. Honda addressed the Speaker of the House of Representatives and highlighted Judge Marutani's significant impact to the betterment of our country. He also honored Judge Marutani's legacy with the following words: “Judge Marutani's passion for human rights and the advancement of social equality in our nation will not be forgotten. As a proud advocate of civil rights, he serves as a role model to the local and national communities on whose behalf he selflessly served.”

No matter how tough things got for Judge Marutani, he never lost faith in our democracy or the United States. Neither should we.

John S. Yi is a commercial litigation associate in the Philadelphia office of Drinker Biddle & Reath. His practice focuses on representing clients in class actions, civil and criminal white collar matters, and merger and conduct investigations brought by state and federal enforcement authorities. He is also a past recipient of the Judge William M. Marutani Fellowship awarded by APABA-PA.

Stella M. Tsai is a judge on the Philadelphia Court of Common Pleas. Prior to joining the bench, Judge Tsai was a distinguished business litigation partner in the Philadelphia office of Archer & Greiner concentrating in regulatory compliance, land use, and ethics.