Kaus was born in Vienna, Austria, as the first child of the writers Otto F. Kaus and Regina Weiner.[1][2] He was already attending school in Great Britain when the rest of his family fled the Nazis in the 1930s. Immigrating to the United States in 1940, his family settled in Los Angeles, California. He graduated from the University of California at Los Angeles in 1942 with a B.A., and then joined the U.S. Army, where he served until 1945.[3] Following his discharge, he graduated from Loyola Law School in 1949, and was admitted to the state bar that year. He then joined the law firm of Chase, Rotchford, Downen & Drukker, where he practiced for 11 years and became a partner.
Judicial and legal career
In December 1961, Kaus was appointed as a judge on the Los Angeles County Superior Court by Governor Pat Brown and, on December 28, 1964, Brown elevated Kaus to the California Court of Appeal, Second District, where he served until 1981. On the appellate court, Kaus served as an associate justice of Division Three until December 16, 1966, and then as Presiding Justice of Division Five until July 21, 1981.
In July 1981, Kaus was chosen to serve as Associate Justice of the California Supreme Court by Governor Jerry Brown, whose father had appointed Kaus to his previous post. He was confirmed with little trouble. In 1982, Kaus was on the ballot for retention by the voters, along with fellow justices Cruz Reynoso and Allen Broussard. However, the state Supreme Court had become controversial due to the growing perception by many that Brown's appointees, particularly Chief Justice Rose Bird, were liberal ideologues whose rulings were political. Although Kaus was considered the least ideological and most independent of Brown's appointees, he was reconfirmed by 57 percent of the voters, far less than expected, after a campaign was waged against Brown's appointees that year.
After being retained, Kaus was shaken by the campaign against him and feared for the independence of the state judiciary.[4][5] He later remarked, "You cannot forget the fact that you have a crocodile in your bathtub. You keep wondering whether you're letting yourself be influenced, and you do not know. You do not know yourself that well".[6] In addition, his mother-in-law was in failing health. So in October 1985, Kaus resigned from the court.[7] He was replaced by Edward A. Panelli.
While on the bench, his notable cases include his concurring opinion in National Audubon Society v. Superior Court (1983), concerning the conflict between the public trust doctrine and appropriative water rights. In 1984, he wrote the opinion for a unanimous court in People v. Bledsoe that rape trauma syndrome is inadmissible as evidence of the crime.[8][9]
After leaving the judiciary, Kaus resumed private practice, forming the law firm of Hufstedler & Kaus in 1986 (the other "name" partner was former U.S. Secretary of Education Shirley Hufstedler), where he occasionally argued cases before the state Supreme Court where he had once served. He also mentored then-associate Jeffrey Ehrlich, who would later rise to national prominence for arguing cases in the United States and California Supreme Court.[10]
Personal life
On January 12, 1943, he married Alice Jane Berta Huttenbach, known as Peggy Alice Kaus (February 8, 1923 – July 5, 2011), in Hyannis, Massachusetts, and they had two sons: Stephen and "Mickey".
Kaus retired from the practice of law in 1995, as he was diagnosed with lung cancer. On January 11, 1996, he died in Beverly Hills, California.[11] His wife and son, Mickey, were at his side.[12]
References
^Ullmann, Michaela. "Exiled German-speaking intellectuals in Southern California: Gina Kaus". USC Libraries. Retrieved August 24, 2017.
^"Obituary: Peter Kaus". The Daily Courier (Prescott, AZ). November 11, 2016. Retrieved August 24, 2017.
^"Otto Kaus '42, Professional Achievement Award". UCLA Alumni. Retrieved August 24, 2017.
^Reidinger, Paul (April 1, 1987). "The Politics of Judging". ABA Journal. 73: 58. Retrieved August 24, 2017.
^Miller, Kenneth P. (2009). Direct Democracy and the Courts. Cambridge University Press. p. 215. ISBN978-1139482776. Retrieved August 24, 2017.
^"Otto Kaus Dies; Former Justice on State High Court - Los Angeles Times". Articles.latimes.com. 2002-07-11. Retrieved 2014-02-24.
^Blum, Bill (January 1991). "Toward a Radical Middle, Has a Great Court Become Mediocre?". ABA Journal: 52. Retrieved August 24, 2017.
^People v. Bledsoe (1984), 36 Cal.3d 236, 203 Cal.Rptr. 450; 681 P.2d 291. Retrieved August 24, 2017.
^"The California Supreme Court rejected pleas of feminist and some law-and-order groups Thursday by ruling that testimony about 'rape trauma syndrome' may not be used to prove a witness was raped". UPI Archives. June 14, 1984. Retrieved August 24, 2017.
^"Jeffrey I. Ehrich, Appellate Lawyer | Bad Faith Insurance Law and Motion, Trial Lawyer, Appeals Attorney". Ehrlichfirm.com. Retrieved 2014-02-24.
^Chiang, Harriet (January 13, 1996). "Obituary--Justice Otto Kaus". San Francisco Gate. Retrieved August 24, 2017.
^Brown, Janelle (June 4, 2010). "For Mickey Kaus, Winning Isn't the Point". New York Times. Retrieved August 24, 2017.
Further reading
Hufstedler, Shirley M. (1997). "Tribute to Otto M. Kaus", 30 Loy. L.A. L. Rev. 937.
Uelmen, Gerald F. (1997). "Otto Kaus and the Crocodile". Loy. L.A. L. Rev. 30 (3): 971–975.
otto, kaus, otto, michael, kaus, january, 1920, january, 1996, austrian, born, american, lawyer, judge, from, state, california, otto, michael, kausassociate, justice, supreme, court, californiain, office, july, 1981, october, 1985appointed, bygovernor, jerry,. Otto Michael Kaus January 7 1920 January 11 1996 was an Austrian born American lawyer and judge from the State of California Otto Michael KausAssociate Justice of the Supreme Court of CaliforniaIn office July 22 1981 October 1985Appointed byGovernor Jerry BrownPreceded byWiley W ManuelSucceeded byEdward A PanelliPresiding Justice of the California Court of Appeal Second District Division FiveIn office December 16 1966 July 21 1981Appointed byGovernor Pat BrownAssociate Justice of the California Court of Appeal Second District Division ThreeIn office December 28 1964 December 16 1966Appointed byGovernor Pat BrownPersonal detailsBorn 1920 01 07 January 7 1920Vienna AustriaDiedJanuary 11 1996 1996 01 11 aged 76 Beverly Hills California U S SpousePeggy Alice Kaus m 1943 wbr RelativesGina Kaus mother Mickey Kaus son Stephen Kaus sonAlma materUniversity of California at Los Angeles B A Loyola Law School LL B Contents 1 Early life and education 2 Judicial and legal career 3 Personal life 4 References 5 Further reading 6 Video 7 External links 8 See alsoEarly life and education EditKaus was born in Vienna Austria as the first child of the writers Otto F Kaus and Regina Weiner 1 2 He was already attending school in Great Britain when the rest of his family fled the Nazis in the 1930s Immigrating to the United States in 1940 his family settled in Los Angeles California He graduated from the University of California at Los Angeles in 1942 with a B A and then joined the U S Army where he served until 1945 3 Following his discharge he graduated from Loyola Law School in 1949 and was admitted to the state bar that year He then joined the law firm of Chase Rotchford Downen amp Drukker where he practiced for 11 years and became a partner Judicial and legal career EditIn December 1961 Kaus was appointed as a judge on the Los Angeles County Superior Court by Governor Pat Brown and on December 28 1964 Brown elevated Kaus to the California Court of Appeal Second District where he served until 1981 On the appellate court Kaus served as an associate justice of Division Three until December 16 1966 and then as Presiding Justice of Division Five until July 21 1981 In July 1981 Kaus was chosen to serve as Associate Justice of the California Supreme Court by Governor Jerry Brown whose father had appointed Kaus to his previous post He was confirmed with little trouble In 1982 Kaus was on the ballot for retention by the voters along with fellow justices Cruz Reynoso and Allen Broussard However the state Supreme Court had become controversial due to the growing perception by many that Brown s appointees particularly Chief Justice Rose Bird were liberal ideologues whose rulings were political Although Kaus was considered the least ideological and most independent of Brown s appointees he was reconfirmed by 57 percent of the voters far less than expected after a campaign was waged against Brown s appointees that year After being retained Kaus was shaken by the campaign against him and feared for the independence of the state judiciary 4 5 He later remarked You cannot forget the fact that you have a crocodile in your bathtub You keep wondering whether you re letting yourself be influenced and you do not know You do not know yourself that well 6 In addition his mother in law was in failing health So in October 1985 Kaus resigned from the court 7 He was replaced by Edward A Panelli While on the bench his notable cases include his concurring opinion in National Audubon Society v Superior Court 1983 concerning the conflict between the public trust doctrine and appropriative water rights In 1984 he wrote the opinion for a unanimous court in People v Bledsoe that rape trauma syndrome is inadmissible as evidence of the crime 8 9 After leaving the judiciary Kaus resumed private practice forming the law firm of Hufstedler amp Kaus in 1986 the other name partner was former U S Secretary of Education Shirley Hufstedler where he occasionally argued cases before the state Supreme Court where he had once served He also mentored then associate Jeffrey Ehrlich who would later rise to national prominence for arguing cases in the United States and California Supreme Court 10 Personal life EditOn January 12 1943 he married Alice Jane Berta Huttenbach known as Peggy Alice Kaus February 8 1923 July 5 2011 in Hyannis Massachusetts and they had two sons Stephen and Mickey Kaus retired from the practice of law in 1995 as he was diagnosed with lung cancer On January 11 1996 he died in Beverly Hills California 11 His wife and son Mickey were at his side 12 References Edit Ullmann Michaela Exiled German speaking intellectuals in Southern California Gina Kaus USC Libraries Retrieved August 24 2017 Obituary Peter Kaus The Daily Courier Prescott AZ November 11 2016 Retrieved August 24 2017 Otto Kaus 42 Professional Achievement Award UCLA Alumni Retrieved August 24 2017 Reidinger Paul April 1 1987 The Politics of Judging ABA Journal 73 58 Retrieved August 24 2017 Miller Kenneth P 2009 Direct Democracy and the Courts Cambridge University Press p 215 ISBN 978 1139482776 Retrieved August 24 2017 Otto Kaus Dies Former Justice on State High Court Los Angeles Times Articles latimes com 2002 07 11 Retrieved 2014 02 24 Blum Bill January 1991 Toward a Radical Middle Has a Great Court Become Mediocre ABA Journal 52 Retrieved August 24 2017 People v Bledsoe 1984 36 Cal 3d 236 203 Cal Rptr 450 681 P 2d 291 Retrieved August 24 2017 The California Supreme Court rejected pleas of feminist and some law and order groups Thursday by ruling that testimony about rape trauma syndrome may not be used to prove a witness was raped UPI Archives June 14 1984 Retrieved August 24 2017 Jeffrey I Ehrich Appellate Lawyer Bad Faith Insurance Law and Motion Trial Lawyer Appeals Attorney Ehrlichfirm com Retrieved 2014 02 24 Chiang Harriet January 13 1996 Obituary Justice Otto Kaus San Francisco Gate Retrieved August 24 2017 Brown Janelle June 4 2010 For Mickey Kaus Winning Isn t the Point New York Times Retrieved August 24 2017 Further reading EditHufstedler Shirley M 1997 Tribute to Otto M Kaus 30 Loy L A L Rev 937 Uelmen Gerald F 1997 Otto Kaus and the Crocodile Loy L A L Rev 30 3 971 975 Video EditAppearances on C SPANExternal links EditIn Memoriam Justice Otto M Kaus California Supreme Court 1997 Former Justices and Otto Kaus biography California Court of Appeal Second District Articles sfgate com Opinions authored by Otto Kaus Courtlistener com Past amp Present Justices California State Courts See also EditList of justices of the Supreme Court of CaliforniaLegal officesPreceded byWiley W Manuel Associate Justice of the Supreme Court of California1981 1985 Succeeded byEdward A PanelliPreceded by Presiding Justice of the California Court of Appeal Second District Division Five1966 1981 Succeeded byPreceded by Associate Justice of the California Court of Appeal Second District Division Three1964 1966 Succeeded by Retrieved from https en wikipedia org w index php title Otto Kaus amp oldid 1128811646, wikipedia, wiki, book, books, library,
