Wilson Aide Named to Appeals Panel

SACRAMENTO —  Moving to further cement his legacy, Gov. Pete Wilson on Tuesday named his chief legal advisor, Daniel Kolkey, to the state appellate court here.

Kolkey is the second Court of Appeal justice Wilson has appointed in the past two weeks, and is likely to be the governor’s final appellate appointment.

During eight years in office, Wilson has named 664 of California’s 1,580 judges, including four of the seven Supreme Court justices and 51 of the state’s 88 appellate court justices.

Kolkey, a former partner in the Los Angeles law firm of Gibson, Dunn & Crutcher, must be confirmed by the Commission on Judicial Appointments, though he is expected to easily win that panel’s approval.

Kolkey, whose salary will be $126,580 a year, will fill the position vacated by Justice Arthur Scotland. Wilson elevated Scotland to presiding justice of the 3rd District Court of Appeal, replacing Robert Puglia.

Puglia, appointed to the appellate court in 1974 by then-Gov. Ronald Reagan, timed his retirement so that Wilson, a fellow Republican, could name his successor.

Kolkey, 46, has been Wilson’s legal affairs secretary since 1995. He took a lead role in negotiating gambling compacts with Indian tribes and advised the governor on major issues such as affirmative action, the future of the State Bar, and various lawsuits in which Wilson became embroiled.

Talks between Wilson and some of the major gambling tribes broke down, leading in large part to Proposition 5, which passed in November, giving Native Americans the right to run casinos on their reservations as they see fit. The political fight aside, however, lawyers who represented backers of Proposition 5 praised Kolkey.

“He was very professional,” said Jerome Levine, a Los Angeles attorney who represented the Pechanga and San Manuel tribes. “I’m sure sitting on the court he will be fair-minded and bring a high level of professionalism.”

In a prepared statement, Wilson said: “Dan has a brilliant legal mind and is one of the most thoughtful and talented lawyers I have had the privilege of working with in my long service in government. I am confident that Dan will set a new standard for fair, thorough and thoughtful legal analysis.”

Wilson’s decision to name his legal affairs secretary to the appellate court follows something of a gubernatorial tradition. The governor appointed another of his chief lawyers, Janice Rogers Brown, to the state Supreme Court in 1996.

Gov. George Deukmejian appointed one of his top aides, Marvin Baxter, to the appellate court and later to the Supreme Court. Gov. Edmund G. “Jerry” Brown Jr. placed his legal affairs secretary, J. Anthony Kline, on the appellate court in San Francisco.

Wilson’s other late nominee to the state Court of Appeal, San Diego County Superior Court Judge Terry O’Rourke, is awaiting confirmation. O’Rourke and Wilson worked together as lawyers in San Diego in the mid-1960s.