Justice who replaced Bird on state court dies

Paul Clinton

Semi-retired state Supreme Court Justice Marcus M. Kaufman died

Wednesday at his Corona del Mar home.

Kaufman, 73, died after a long illness. He was still working on a

handful of cases as a part-time attorney with a Costa Mesa law firm.

Better known inside the legal community, Kaufman is perhaps best

remembered as one of three judges who were appointed to the state’s

highest court after an angry public recalled Chief Justice Rose Bird,

a death penalty opponent, and two other liberal jurists in the

mid-1980s.

“Justice Kaufman was universally recognized as a brilliant scholar

possessed by a strong work ethic and genuine love of the law,”

colleague Michael Weiland said. “But those who knew him best will

remember him for his many kindnesses, his gentle humility and the way

he inspired others through his example.”

Born in Norfolk, Va., Kaufman and his family moved to Los Angeles

early in his life. He grew up in the Hollywood area and earned a

bachelor’s from UCLA in 1951. He served as an Army lieutenant in the

Korean War.

After returning home, Kaufman enrolled in law school at the

University of Southern California. He graduated in 1956 first in his

class.

Over the next 14 years, Kaufman served as a law clerk to state

Supreme Court Justice Roger Traynor, taught at USC and went into

practice in San Bernardino.

In 1970, Gov. Ronald Reagan appointed Kaufman to the State Court

of Appeal, where he worked for 17 years.

Kaufman entered the limelight in March 1987 when Republican Gov.

George Deukmejian named him as one of three judges to replace Rose

Bird and two others who had opposed the death penalty. The political

fight surrounding their removal was major news during the 1986

election.

Kaufman upheld the death penalty and also wrote the majority

opinion when the state high court allowed police officers to set up

drunk-driving checkpoints.

He served as an associate justice until his retirement in 1990.

“He was an extremely intelligent and well-prepared judge,” said

Scott Bice, a professor and former dean at USC’s law school. “He was

generally regarded as one of the judges who gave great care to his

work [and was] very independent of mind.”

Shortly after retirement, Kaufman went back to work in the private

sector. In 1995, he agreed to join newly formed Albert, Weiland &

Golden in Costa Mesa.

In his last years, Kaufman wrote legal manuals about insurance

litigation, one of his specialties.

He is survived by his wife, Eileen; two daughters; and five

grandchildren. A funeral has been set for Sunday at the Congregation

Emanu El in San Bernardino.

* PAUL CLINTON covers the environment, business and politics. He

may be reached at (949) 764-4330 or by e-mail at

[email protected].