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Louis H. Burke

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Louis Harry Burke
Associate Justice of the Supreme Court of California
In office
November 20, 1964 – November 30, 1974
Appointed byGovernor Pat Brown
Preceded byB. Rey Schauer
Succeeded byFrank K. Richardson
Presiding Justice of the California Court of Appeal, Second Appellate District, Division Four
In office
October 1, 1961 – November 18, 1964
Personal details
Born(1905-01-04)January 4, 1905
Montebello, California, U.S.
DiedApril 28, 1986(1986-04-28) (aged 81)
Mendocino, California, U.S.
SpouseRuth Ann Carnfield (m. 1933)
Children5
Alma materLoyola Marymount University (B.Phil.)
Loyola Law School (LL.B.)

Louis Harry Burke (January 4, 1905 – April 28, 1986)[1] was an American lawyer who served as Associate Justice of the Supreme Court of California from November 20, 1964, to November 30, 1974.

Early life and education

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Burke was born in Montebello, California, to Joseph Burke (1870-1919) and Mie Anne Lucie Dion (April 13, 1881 – September 26, 1968), who had emigrated from Quebec, Canada, just prior to Louis' birth.

Burke attended Montebello High School, received a Ph.B. from Loyola Marymount University, and LL.B. from Loyola Law School in 1926.[2][3]

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In 1927, Burke and his brother, Martin Joseph Burke (November 24, 1903 – October 4, 1997),[4] with Thomas P. White, founded the firm of Burke, Williams & Sorensen, LLP, also in its history called Burke, Hickson, Burke & Marshall.[5][6] Both Burke and White went on to serve as California Supreme Court justices. Burke was appointed Montebello city attorney in 1928, and also served as general counsel for the League of California Cities. In 1942, he ran unsuccessfully for election as state attorney general against Robert W. Kenny.[7]

In 1942, he volunteered for the U.S. Army.[7] He served in the interim government and as a military judge in occupied Germany until his discharge from the Army in 1946.[2]

Returning to California, he served as chairman of the California Veterans Welfare Board, and in 1951 was appointed to the Los Angeles County Superior Court bench. In 1952, he issued an arrest warrant for Judy Garland to compel her to testify in the divorce trial of her boyfriend, Sid Luft, from his wife, the actress Lynn Bari.[8] In 1953, he was assigned to the Conciliation Court, where he fashioned a reconciliation agreement for couples.[9][10][11] In 1958, he was appointed presiding judge of the Los Angeles County Superior Court,[12] and published a book on divorce, With This Ring.[13]

In 1961, Governor Edmund G. (Pat) Brown named Burke to the Court of Appeal and to the Supreme Court in 1964.[14] In 1966, he stood for election and was retained with 64.7% of the vote.[15] In 1974, he stepped down from the bench. He continued to sit as a judge pro tem on the Supreme Court, Court of Appeals and the Superior Courts.[16][17]

Among Burke's notable cases were those involving the death penalty, including In re Anderson (1968),[18][19] upholding the constitutionality of execution, followed by People v. Anderson (1974), striking it down.[20][21]

Burke helped to create the National College for State Judges and its California counterpart; he served as chairman of the Section on Judicial Administration of the American Bar Association[22] and of the Appellate Judges' Conference; and was an officer of the American Judicature Society.

In 1970, Burke was considered for appointment to the U.S. Supreme Court and as a candidate for California chief justice.[23][24]

Honors and awards

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In 1961, Burke was awarded the St. Thomas More Award from the St. Thomas More Society.[25][26] In 1962, Burke was recognized by the Southern California Chapter of the American Society for Public Administration with The Earl Warren Outstanding Public Service Award.[27]

Personal life

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In 1933, Burke married Ruth Ann Horsfall (September 30, 1909 – October 10, 1997), and they had five children.[2][21] The family lived in Montebello next to Burke's brother and law partner, Martin, and their mother, Lucie.[28]

References

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  1. ^ "Justice Louis H. Burke". Robert Crown Library, Stanford Law School. Retrieved June 13, 2017.
  2. ^ a b c Morain, Dan; Thackrey, Jr., Ted (April 29, 1986). "Louis Burke, Retired High Court Justice, Dies". Los Angeles Times. Retrieved June 13, 2017.
  3. ^ Fletcher, Russell Holmes (1943). "Who's who in California (Volume 1942-43)". Los Angeles, CA: Who's Who Pub. Co. p. 131. Retrieved June 13, 2017.
  4. ^ "Entry for Martin J. Burke". San Francisco Genealogy.com. Retrieved June 13, 2017.
  5. ^ "Our Firm History". Burke, Williams & Sorensen, LLP. Retrieved June 13, 2017.
  6. ^ "The Advocates 1973, entry for Louis H. Burke, Martin J. Burke, and Dennis P. Burke" (PDF). Loyola Law School Alumni Bulletin. Winter 1974. Retrieved June 13, 2017.
  7. ^ a b Phillips, Herbert (July 17, 1942). "Burke States Policy In His Race For Attorney General". The Fresno Bee The Republican. McClatchy News Service. p. 2. Retrieved June 13, 2017.
  8. ^ "Judy Garland and Sid Luft Photo". Getty Images. May 18, 1952. Retrieved June 13, 2017. Judy Garland and her manager and boyfriend, Sid Luft, don't look too ill at ease, as they are pictured in Los Angeles Superior Court on Thursday, minutes after an order for Miss Garland's arrest was issued by Judge Louis Burke.
  9. ^ Fisher, William (2013). Therapists, Lawyers, and Divorcing Spouses. Routledge. p. 40. ISBN 978-1135817442. Retrieved June 13, 2017.
  10. ^ Hurley, Lynn (March 26, 1961). "Heart to Heart: Why Are Men So Dense?". Chicago Tribune. Retrieved June 13, 2017.
  11. ^ Grossman, Joanna L.; Friedman, Lawrence M. (2011). Inside the Castle: Law and the Family in 20th Century America. Princeton, NJ: Princeton University Press. p. 174. ISBN 978-1400839773. Retrieved June 13, 2017.
  12. ^ Frankel, Jack E. (February 1966). "What's in a Name?-California Sets the Style". Los Angeles Bar Bulletin. UC Hastings Scholarship Repository: 191. Retrieved June 13, 2017.
  13. ^ Munter, Godfrey L. (September 1958). "Book Review of: With This Ring". ABA Journal. 44: 874. Retrieved June 13, 2017.
  14. ^ "Happy Trails, Justice Werdegar". SCOCAblog. March 10, 2017. Retrieved June 13, 2017.
  15. ^ Uelmen, Gerald F. (1988). "California Judicial Retention Elections". Santa Clara Law Review. 28 (2): 333–377, 345. Retrieved June 13, 2017.
  16. ^ Breiner, Richard. "1977 MCBA President: Hon. Richard Breiner (Ret.)". Marin County Bar Association. Retrieved June 13, 2017. The Superior Court was fortunate to have the retired California Supreme Court Justice, Louis H. Burke, volunteer to sit and hear cases for many years.
  17. ^ Kaufman v. Court of Appeal, 31 Cal.3d 933, 647 P. 2d 1081 (1982). Retrieved June 13, 2017.
  18. ^ In re Anderson, 69 Cal. 2d 613, 447 P.2d 117, 73 Cal. Rptr. 152 (1968).
  19. ^ Meltsner, Michael (2011). Cruel and Unusual: The Supreme Court and Capital Punishment. Quid Pro Books. ISBN 978-1610270977. Retrieved June 13, 2017.
  20. ^ People v. Anderson, 6 Cal. 3d 628, 493 P.2d 880, 100 Cal. Rptr. 152 (1972).
  21. ^ a b Tobriner, Matthew O. (1975). "Justice Louis H. Burke-A Tribute". Loy. L.A. L. Rev. 9: 3.
  22. ^ Burke, Louis H. (July 1972). "Chairman's Column". Oyez! Oyez! Bulletin of the ABA Section of Judicial Administration. 15 (3).
  23. ^ LaBerge, Germaine. "Oral History Interview with Honorable Stanley Mosk" (PDF). California State Archives, State Government Oral History Program. p. 38. Retrieved June 13, 2017.
  24. ^ "Nixon Remains Open on Court Choice: Baker". Chicago Tribune. January 14, 1970. Retrieved June 13, 2017.
  25. ^ "Past Recipients". St. Thomas More Society of San Francisco. Retrieved June 13, 2017.
  26. ^ "St. Thomas More Society" (PDF). Loyola Lawyer: 5. Spring 1976.
  27. ^ "Past Recipients of The Earl Warren Outstanding Public Service Award". Southern California Chapter of the American Society for Public Administration. Retrieved June 13, 2017.
  28. ^ Ancestry.com. U.S. City Directories, 1822-1995 [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2011: Montebello, California, City Directory, 1950, p 7, entries for Louis H. Burke (140 North 21st Street), Lucie D. Burke (148 North 21st Street), and Martin J. Burke (134 North 21st Street); compare same addresses, 1940 U.S. Census, Montebello, Los Angeles, California; Roll: T627_238; Page: 9A; Enumeration District: 19-860, accessed via Ancestry.com.

Selected publications

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Further reading

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See also

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Legal offices
Preceded by Associate Justice of the California Supreme Court
1964 – 1974 		Succeeded by
Preceded by
 Presiding Justice of the California Court of Appeal, Second Appellate District, Division Four
1961 – 1964 		Succeeded by
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