Justice Ming Chin Announces Retirement From California Supreme Court
"The judicial system has faced some major challenges in my time on the bench, but I believe the branch is now in a strong position," Justice Ming Chin said.
January 15, 2020 at 12:56 PM
5 minute read
Ming Chin, the longest-tenured and one of the most conservative members of the California Supreme Court, has announced he will retire at the end of August, giving Gov. Gavin Newsom his first opportunity to shape the court.
Chin, 77, notified the governor's office of his plans this week and informed his colleagues Wednesday at the court's weekly conference in San Francisco. Chin was not immediately available for comment, but he said in a statement released by the court that he's had "the honor and privilege to serve with three very different but spectacular chief justices" during his nearly 24 years as an associate justice.
"The judicial system has faced some major challenges in my time on the bench, but I believe the branch is now in a strong position," he said. "Justice Chuck Vogel once said my opinions are characterized by clarity and courage. If that is what is written about me in 50 years, I would be happy."
Chin's departure will give Newsom his first nomination to the high court and will likely expand the center-left majority created by former Gov. Jerry Brown's four appointments.
The son of immigrant Oregon potato farmers, Chin became California's first Chinese American Supreme Court justice and a renowned expert on DNA science. He is a prolific writer, having authored more than 350 majority opinions and 100 separate opinions over three decades. He wrote two legal practice guides, one on employment litigation and the other on forensic DNA evidence, and chaired Judicial Council and court committees focused on technology, science and the law and judicial impartiality.
"I have long admired Justice Chin, and his loss to this court will be incalculable," Chief Justice Tani Cantil-Sakauye said in a statement. "He has been a valuable mentor who took me under his wing when I first became chief justice … His signature mix of intelligence, wisdom and practicality will be greatly missed."
Chin was an Alameda County prosecutor and later a partner at the Oakland firm of Aiken, Kramer & Cummings. He was named to the Alameda County Superior Court bench in 1988 and nominated to the First District Court of Appeal two years later. In 1996, Republican Gov. Pete Wilson selected Chin to succeed Armand Arabian as an associate justice on the California Supreme Court.
Viewed as a political moderate, particularly when compared to the conservative Arabian, Chin immediately drew criticism from the right when he told reporters before his confirmation hearing that he personally supported abortion rights. Chin assured the three members of the Commission on Judicial Appointments that his personal views would not influence his rulings. His nomination was confirmed unanimously.
"I've learned something," Chin said after the proceedings, according to an account in the San Francisco Chronicle. With a smile, he added: "I'm not going to say in public what it is."
Generally considered pro-prosecution and pro-business, Chin was the lone dissent in the 2019 case of OTO LLC v. Kho, in which the majority held that a workplace arbitration agreement was procedurally unconscionable.
"Today, the majority holds that an arbitration agreement is substantively unconscionable—and therefore unenforceable—precisely because it prescribes procedures that, according to the majority, have been 'carefully crafted to ensure fairness to both sides,'" Chin wrote. "If you find that conclusion hard to grasp and counterintuitive, so do I."
The employer in the case, OTO LLC, represented by lawyers from Paul, Weiss Rifkind, Wharton & Garrison, repeatedly cited Chin's dissent in asking the U.S. Supreme Court to take up the case.
Chin also joined the dissent in In Re Marriage Cases, the 2008 opinion that held that California's constitution guarantees the rights of all residents, including same-sex couples, to marry. Chin and Associate Justice Marvin Baxter called the majority's opinion an "exercise in legal jujitsu" that will "create a constitutional right from whole cloth."
But Chin's judicial record can't always be neatly classified. In 1997, he was part of the Supreme Court majority that struck down a law requiring a teenager to obtain her parent's consent before having an abortion. He also joined the unanimous court in Dynamex, the 2018 ruling overhauling California's worker classification rules.
Chin and his wife of 48 years, Carol, have two children. Jennifer Chin is a senior counsel for the University of California's Office of the President. Jason Chin, like his father before, is an Alameda County Superior Court judge.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllNewsom Names Two Judges to Appellate Courts in San Francisco, Orange County
5 minute readAdvisory Opinion Offers 'Road Map' for Judges Defending Against Campaign Attacks
3 minute readSanta Clara County Superior Court Authorizes Electronic Recording of Proceedings
4 minute readLaw Firms Mentioned
Trending Stories
- 1Gibson Dunn Sued By Crypto Client After Lateral Hire Causes Conflict of Interest
- 2Trump's Solicitor General Expected to 'Flip' Prelogar's Positions at Supreme Court
- 3Pharmacy Lawyers See Promise in NY Regulator's Curbs on PBM Industry
- 4Outgoing USPTO Director Kathi Vidal: ‘We All Want the Country to Be in a Better Place’
- 5Supreme Court Will Review Constitutionality Of FCC's Universal Service Fund
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250