Friends recall judge on bench, beach

To those who regularly read legal opinions, Judge Robert Gardner’s

writings were a breath of fresh air.

That’s because a Gardner decision was light on legalese and often

garnished with a heavy helping of descriptive language.

“He had a unique writing style and was clever with metaphors,”

said William Rylaarsdam, an appellate court justice familiar with

Gardner’s work. “He was very to-the-point. His appellate opinions I

consider a model to emulate.”

Gardner, whose judicial career spanned seven decades, displayed

the same stylish writing and historical perspective in Daily Pilot

columns and in his two books, “The Art of Body Surfing” and “Bawdy

Balboa.”

An avid surfer and history buff known to some as the “mayor of the

beach,” Gardner died Saturday in Corona del Mar at the age of 93.

Gardner spent most of his judicial career in the Orange County

Superior Court and the Fourth District Court of Appeal. He also

served a three-year stint as a Samoan chief justice.

If not for an uncle’s benevolence, though, Gardner might never

have found himself in the legal profession.

Gardner was born in Washington state and later lived in Wyoming,

where his father worked on the railroad. After opposing a union

strike and receiving subsequent death threats, Gardner’s father sent

his 8-year-old son on a train to Balboa, where the boy’s aunt lived.

The family had little money, and Gardner worked multiple jobs

while living most of the year in Los Angeles. He attended USC as an

undergraduate and continued his education there when his uncle

offered to pay his way through law school.

“He was quite ambitious,” said Nancy Gardner, Robert Gardner’s

daughter who founded the Newport Beach chapter of the Surfrider

Foundation. “My dad had come from nothing and was determined to reach

a certain level.”

Upon graduation, Robert Gardner moved to Newport Beach, where he

had spent summers working at the Rendezvous Ballroom. In 1942, he

married Kathryn Harris.

Robert Gardner worked as a deputy district attorney and was

appointed as the city of Newport Beach’s town judge from 1938 to ’41

and from 1945 to ’47.

In between those tenures, he served in World War II as a

lieutenant commander for the U.S. Naval Reserve. He traveled aboard

ships throughout the Pacific, monitoring press clippings to ensure no

secret government information was leaked.

Robert Gardner was named to the Orange County Superior Court in

1947.

“He was always very candid,” Rylaarsdam said. “He wasn’t afraid to

go against a higher court opinion or challenge a lawyer when he felt

he was out of step.”

Added Nancy Gardner: “He loved being a judge. I didn’t realize

growing up there were people who had jobs they didn’t like.”

Robert Gardner was a champion of women’s causes and fought for

increased civil rights for minors when he presided over the juvenile

court.

A consummate Southern Californian, Gardner was just as comfortable

on the beach as he was on the bench. In the early 1970s, Gardner

penned one of the first books about bodysurfing, his favorite leisure

activity.

Rick Othmer, a former lifeguard at Little Corona beach, said

lifeguards there would often call Gardner’s courtroom during the day

to update him on beach conditions.

Gardner built a house in Corona del Mar, only a short walk from

the beach. Throughout the year, he came to Little Corona with his

duck-feet fins and a large straw hat.

Needing a change of pace in the early 1980s, Gardner accepted a

position on the high court in Samoa, where he was named an honorary

tribal chief.

“He felt like a character in a novel,” Nancy Gardner said. “He was

a really big deal here. He wore lava-lava sarongs and was given a

number of gifts when he left.”

After returning to Corona del Mar, Gardner continued to work on

assignment in the Superior Court.

He retired in the late 1990s and continued to stay active in a

number of social clubs, including Amigos Viejos, a group comprised of

Newport Beach residents, including Othmer.

Gardner stopped surfing at the end of his life due to health

concerns. But friends said he never ceased to be a beach bum.

“You’d never know he was a judge talking to him,” Othmer said. “He

was so casual -- just like a regular guy on the beach. He never put

himself above anything.”

* ELIA POWERS is the enterprise and general assignment reporter.

He may be reached at (714) 966-4623.