Martin J. Jenkins

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Martin J. Jenkins
Image of Martin J. Jenkins
California Supreme Court
Tenure

2020 - Present

Term ends

2035

Years in position

3

Prior offices
United States District Court for the Northern District of California
Successor: Edward Chen

California 1st District Court of Appeal Division 3

Compensation

Base salary

$291,094

Elections and appointments
Last elected

November 8, 2022

Appointed

October 5, 2020

Education

Bachelor's

Santa Clara University, 1977

Law

University of San Francisco, 1980

Personal
Birthplace
San Francisco, Calif.
Contact

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Martin J. Jenkins is a judge of the California Supreme Court. He assumed office on December 4, 2020. His current term ends on January 8, 2035.

Jenkins ran for re-election for judge of the California Supreme Court. He won in the retention election on November 8, 2022.

Jenkins was appointed to the court by Gov. Gavin Newsom (D) on October 5, 2020, to replace retiring Justice Ming W. Chin.[1] The Commission on Judicial Appointments confirmed Jenkins' appointment on November 10, 2020.[2] To read more about judicial selection in California, click here.

Prior to his appointment to the state supreme court, Jenkins served as a judge on the Oakland Municipal Court, the Superior Court of Alameda County, the United States District Court for the Northern District of California, and the California First District Court of Appeal.[3]

Jenkins is the first openly gay justice to serve on the California Supreme Court.[1]

Biography

Jenkins was born in 1953 in San Francisco, California. He received a bachelor's degree from Santa Clara University in 1977 and a law degree from the University of San Francisco in 1980.[4] Between his degrees, Jenkins played two non-regular season games with the Seattle Seahawks in the professional football league.[4]

Jenkins began his legal career as a law clerk with the Alameda County district attorney's office before becoming a deputy district attorney in 1981.[5] He worked as a trial attorney in the U.S. Department of Justice's Civil Rights Division from 1983 to 1985 before joining the Pacific Bell legal department as a civil litigator.[5]

Gov. George Deukmejian (R) appointed Jenkins to the Oakland Municipal Court in 1989.[3] In 1992, Gov. Pete Wilson (R) elevated Jenkins to the Superior Court of Alameda County, where he served until 1997 when President Bill Clinton (D) appointed him to the United States District Court for the Northern District of California.[3] In 2008, Gov. Arnold Schwarzenegger (R) appointed Jenkins to the third division of the California First District Court of Appeal.[4] In 2019, Jenkins became California's judicial appointments secretary following his appointment by Gov. Gavin Newsom (D)[6]

Elections

California Supreme Court retention election (2022)

See also:  California Supreme Court elections, 2022

California Supreme Court, Martin Jenkins' seat

Martin J. Jenkins was retained to the California Supreme Court on November 8, 2022 with 69.3% of the vote.

Retention
 Vote
%
Votes
Yes
 
69.3
 
5,825,582
No
 
30.7
 
2,576,601
Total Votes
8,402,183

California Supreme Court gubernatorial appointment (2020)

See also: California Supreme Court justice vacancy (August 2020)

Gov. Gavin Newsom (D) appointed Jenkins to the California Supreme Court on October 5, 2020, to replace retiring Justice Ming W. Chin.[1] The Commission on Judicial Appointments confirmed Jenkins' appointment on November 10, 2020.[2]

California First District Court of Appeal, Division Three (2008-2019)

Gov. Arnold Schwarzenegger (R) appointed Jenkins to the Third Division of the California First District Court of Appeal on January 25, 2008, to replace retiring justice Joanne Parrilli.[7] The Commission on Judicial Appointments confirmed Jenkins' appointment on April 4, 2008.[4]

2014

See also: California judicial elections, 2014

Jenkins was retained to the California First District Court of Appeal with 77.6% of the vote on November 4, 2014.[8]

California First District Court of Appeals, Division 3
2014 general election results
Candidates Votes Percent
Martin J. Jenkins Green check mark transparent.png 681,706 77.6%
Against retention 196,509 22.4%

2010

See also: California judicial elections, 2010

On November 2, 2010, Jenkins was retained to the California First District Court of Appeal with 76.4% of the vote.[9]

California First District Court of Appeals, Division 3
2010 general election results
Candidates Votes Percent
Martin J. Jenkins Green check mark transparent.png 853,636 76.4%
Against retention 264,064 23.6%

Campaign themes

2022

Ballotpedia survey responses

See also: Ballotpedia's Candidate Connection

Martin J. Jenkins did not complete Ballotpedia's 2022 Candidate Connection survey.

United States District Court for the Northern District of California (1997-2008)

President Bill Clinton (D) nominated Jenkins to the United States District Court for the Northern District of California on July 24, 1997, to a seat vacated by Eugene Lynch. He was confirmed by the United States Senate on November 9, 1997, and received the commission on November 12, 1997. Jenkins served on the United States District Court for the Northern District of California until his resignation on April 3, 2008.[10]

Noteworthy cases

California v. General Motors Corp. (2007)

On September 17, 2007, Judge Martin Jenkins dismissed a lawsuit filed by the State of California against six automakers.[11] In the underlying case, the State of California, represented by Attorney General Jerry Brown (D), sued the automakers, alleging they were liable for contributing to climate change. In his ruling, Jenkins said that it was the responsibility of lawmakers to determine how or if automakers should be held liable in such situations.

Articles:

State supreme court judicial selection in California

See also: Judicial selection in California

The seven justices of the California Supreme Court are appointed by the governor and confirmed by the Commission on Judicial Appointments. The state bar's Commission on Judicial Nominee Evaluation—also known as the "Jenny Commission"—is required to perform an extensive investigation on prospective appointees. The commission recommends candidates to the governor after examining their qualifications and fitness, ranking them as exceptionally well qualified, well qualified, qualified, or not qualified. The commission is composed of attorneys and public members.[12][13] Although the governor is not bound to these recommendations, the Commission on Judicial Appointments can approve or veto the appointment by majority vote.[14]

Following confirmation from the Commission on Judicial Appointments, the appointed justice is sworn into office and is subject to voter approval at the next gubernatorial election. The appointed justice must be confirmed by voters via a yes-no retention election. According to the California Constitution, the term for a supreme court justice is 12 years. If retained by the voters, the appointed justice remains in office but their term may depend on their predecessor's term. If the predecessor served part of their term before leaving office, the appointed justice would be retained to serve the remainder of their predecessor's term. This would be for either four or eight years. At the end of that term, the justice again must be confirmed by the voters at a gubernatorial election to begin a new 12-year term.[15][16] If a justice has been appointed to a seat where the predecessor's term would have expired the January 1 immediately after that November gubernatorial election, then the justice would serve a full 12-year term.[17]

Qualifications

To serve as a justice, a candidate must have practiced law for at least 10 years in California or served as a judge in California for at least 10 years.[17]

Chief justice

The court uses the same process described above for selecting its chief justice. The governor, with commission approval, appoints a chief justice for a full 12-year term.[18]

Vacancies

See also: How vacancies are filled in state supreme courts

Vacancies are filled by gubernatorial appointment. Appointed judges are required to participate in yes-no retention elections occurring at the time of the next gubernatorial race, which is held every four years.[17]

The map below highlights how vacancies are filled in state supreme courts across the country.


See also


External links

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Footnotes

  1. 1.0 1.1 1.2 The Sacramento Bee, "Gavin Newsom appoints first openly gay, third Black man for California Supreme Court," October 5, 2020
  2. 2.0 2.1 LATimes.com, "First openly gay justice confirmed to serve on California Supreme Court," accessed November 11, 2020
  3. 3.0 3.1 3.2 California Courts, "Martin J. Jenkins," accessed June 17, 2021
  4. 4.0 4.1 4.2 4.3 Metropolitan News, "Commission Confirms Judge Martin Jenkins as Court of Appeal Justice," April 7, 2008
  5. 5.0 5.1 Court Listener, "Martin J. Jenkins (N.D. California)," accessed June 17, 2021
  6. Office of Governor Gavin Newsom, "Governor Newsom Selects Justice Martin Jenkins (Ret.) for California Supreme Court," Oct. 5, 2020
  7. Office of the Governor, "Governor Schwarzenegger Appoints Martin Jenkins to First District Court of Appeal," Jan. 25, 2008
  8. California Secretary of State, "Statement of Vote," accessed June 17, 2021
  9. California Secretary of State, "Statement of Vote Summary Pages," accessed June 17, 2021
  10. Federal Judicial Center, "Jenkins, Martin J.," accessed June 17, 2021
  11. Climate Case Chart, "California v. General Motors Corp.," accessed June 17, 2021
  12. The State Bar of California, "Background," accessed March 27, 2023
  13. The State Bar of California, "Commission on Judicial Nominees Evaluation," accessed March 27, 2023
  14. Brennan Center for Justice, "Judicial Selection: An Interactive Map," accessed March 23, 2023
  15. California Legislative Information, "Article VI Judicial Sec. 16.," accessed March 27, 2023
  16. California Secretary of State, "Justices of the Supreme Court," accessed March 27, 2023
  17. 17.0 17.1 17.2 California Courts, "Judicial Selection: How California Chooses Its Judges and Justices," accessed March 27, 2023
  18. Justia, "Supreme Court of California Decisions," accessed March 27, 2023