Maurice T. Dooling Jr.

Maurice Timothy Dooling Jr. (November 13, 1889 – October 18, 1965) was an Associate Justice of the Supreme Court of California from June 30, 1960 to June 30, 1962.

Maurice Timothy Dooling Jr.
Associate Justice of the California Supreme Court
In office
June 30, 1960 – June 30, 1962
Appointed byGovernor Pat Brown
Preceded byHomer R. Spence
Succeeded byMathew O. Tobriner
Associate Justice of the California Court of Appeal, First District
In office
1945 – June 29, 1960
Appointed byGovernor Earl Warren
Personal details
Born(1889-11-13)November 13, 1889
Hollister, California, US
DiedOctober 18, 1965(1965-10-18) (aged 75)
San Francisco, California, US
Spouse(s)
Mary Margaret Devlin
​
​
(m. 1916)​
RelativesMaurice Timothy Dooling Sr. (father)
Alma materStanford University (BA)
Stanford Law School (JD)

Early life and education

Dooling Jr. was born in Hollister, California, to Ida M. K. Wagner and the senior Maurice Timothy Dooling, an attorney who would later become a United States federal judge, appointed to the United States District Court for the Northern District of California by President Woodrow Wilson.[1][2] Dooling Jr. graduated from San Benito County High School. He entered the University of Santa Clara at the age of 16, graduating in 1909 with a B.A. and named as both the class treasurer and poet.[3][4][5] He received a second B.A. from Stanford University in 1911, and a J.D. from the Stanford Law School in 1913, where he was one of the top students.[6][5]

The Stanford Dean recommended that San Francisco city attorney George Lull hire Dooling, who then worked at the city attorney's office into the 1920s.[5] In 1921, he successfully represented the city before the Supreme Court of the United States in a case concerning the city's power to remove an unpermitted house built in the 1906 fire zone.[7] After leaving the city attorney, he began a private practice.[8]

In 1928, Governor C. C. Young appointed Dooling as a superior court judge of San Benito County, a position his father had held.[9][10][11][12][13] In December 1937, he upheld a union's right to picket in front of a business.[14] In June 1940, after the outbreak of World War II, Governor Culbert Olson appointed Dooling as San Benito county chairman of recruiting for the armed forces, should America join the conflict.[15]

In 1945, Dooling was named an Associate Justice in the California Court of Appeal, First District, by Governor Earl Warren.[9][16]

In June 1960, Governor Pat Brown appointed Dooling as Associate Justice to the California Supreme Court, to fill the vacancy from the resignation of Homer R. Spence.[9] Among the notable cases Dooling voted on is the pair in 1961 arising out of the American Civil Liberties Union of Southern California lawsuits against the Boards of Education of both the cities of Los Angeles and San Diego.[17][18] He joined the 4-3 majority opinion that held public school districts could not constitutionally require a loyalty oath, or "statement of information," from members of the public seeking to use a school building to hold meetings.[19][20] In October 1961, the U.S. Supreme Court declined to review the decision.[21] Dooling served on the court until June 30, 1962, when he resigned at 72 years of age.

After stepping down from the bench he continued to occasionally sit by designation on the Supreme Court.[22] On October 18, 1965, he died in San Francisco.

Personal life

In 1916, he married Mary Devlin, the daughter of a family friend, who was active in Democratic politics.[5][23] They had two daughters: Mary M. ("Marjorie") Dooling and Alma Dooling.[24]

See also

References
  1. Marjorie Pierce, East of the Gabilans: The Ranches, the Towns, the People—Yesterday and Today (1981), p. 91.
  2. Maurice Timothy Dooling at the Biographical Directory of Federal Judges, a public domain publication of the Federal Judicial Center.
  3. "Fifty-Eighth Class Ready to Graduate". San Francisco Call. 106 (12). California Digital Newspaper Collection. 12 June 1909. p. 6. Retrieved July 28, 2017.
  4. "Many Bright Numbers in Redwood for May". San Francisco Call. 105 (164). California Digital Newspaper Collection. 13 May 1909. p. 2. Retrieved July 29, 2017. Maurice T. Dooling Jr. '09 has brightened the magazine with the poem. 'Valedictory' and the short story 'By the Same Door.'
  5. In Memoriam. 63 Cal. 2d 833 (1966).
  6. "Collegians Are Granted Diplomas". San Francisco Call. 111 (45). California Digital Newspaper Collection. 14 January 1912. p. 52. Retrieved July 29, 2017.
  7. Maguire v. Reardon, 255 U.S. 271 (1921)(Messrs. Maurice T. Dooling Jr. and George Lull, both of San Francisco, Cal., for defendants in error).
  8. "Notice of Will of Julien Sossen". Marin Journal. 60 (16). California Digital Newspaper Collection. 21 April 1921. p. 6. Retrieved July 28, 2017.
  9. "Governor Picks Dooling for High Court". Madera Tribune (250). California Digital Newspaper Collection. 2 May 1960. p. 8. Retrieved July 28, 2017.
  10. "Judge from Ventura Presides". Los Angeles Herald (75). California Digital Newspaper Collection. 10 February 1911. p. 6. Retrieved July 28, 2017.
  11. Dunlap, Jack W. (20 June 1940). "Politically Speaking: Christmas Ends for 'Ellis'". Healdsburg Tribune, Enterprise and Scimitar (75). California Digital Newspaper Collection. p. 6. Retrieved July 28, 2017.
  12. "Jury Chief Linked with 'Ring of Gold'". San Bernardino Sun (43). California Digital Newspaper Collection. 3 March 1937. p. 4. Retrieved July 28, 2017.
  13. "Loan Firm Head Faces Judgment of $134,555". San Bernardino Sun (49). California Digital Newspaper Collection. 24 July 1943. p. 2. Retrieved July 28, 2017. Superior Judge Tooling, the fourth judge to preside in the long drawn out suit
  14. "Picketing by Union Upheld". San Bernardino Sun (44). California Digital Newspaper Collection. Associated Press. 19 December 1937. p. 1. Retrieved July 28, 2017.
  15. "County Forces to be Organized for Nation's Defense". San Bernardino Sun (46). California Digital Newspaper Collection. 21 June 1940. p. 13. Retrieved July 28, 2017.
  16. "Court Decision Favors City". Sausalito News (27). California Digital Newspaper Collection. 9 July 1954. p. 1. Retrieved July 28, 2017. upheld in the appellate court as written by Justice Maurice Dooling
  17. American Civil Liberties Union of Southern California v. Board of Education of the City of Los Angeles (1961), 59 Cal. 2d 207 (opinion Peters, J.)
  18. American Civil Liberties Union of Southern California v. Board of Education of the City of San Diego (1961), 55 Cal. 2d 167.(mem. opinion Dooling, J.)
  19. "Loyalty Oath Beaten With ACLU's Test". Desert Sun (154). California Digital Newspaper Collection. 27 January 1961. p. 3B. Retrieved July 28, 2017.
  20. "California Oath Barred by Court; A Loyalty-Declaration Law on Use of School Facilities Is Held Unconstitutional". New York Times. January 27, 1961. Retrieved July 28, 2017. (subscription required)
  21. "Supreme Court Refuses to Reconsider Communist Ruling". Madera Tribune (103). California Digital Newspaper Collection. 9 October 1961. p. 2. Retrieved July 29, 2017.
  22. "State Court Settles PB Slide Damage". Palos Verdes Peninsula News (VIII). California Digital Newspaper Collection. 28 January 1964. p. 1. Retrieved July 28, 2017. The State Supreme Court opinion was written by retired Justice Maurice T. Dooling Jr.
  23. "John Anson Ford to Seek Seat in Senate". San Bernardino Sun (46). California Digital Newspaper Collection. Associated Press. 10 March 1940. p. 2. Retrieved July 28, 2017. Directors of the committee are Mrs. Maurice T. Dooling Jr.
  24. Fritz, Christian G.; Griffith, Michael; Hunter, Janet (1985). A Judicial Odyssey: Federal Court in Santa Clara, San Benito, Santa Cruz and Monterey Counties. San Jose, CA: Advisory Committee, San Jose Federal Court. pp. 63–70. ISBN 0961369000. Article by Dettweiler, Alma Dooling. "Maurice T. Dooling, 1860-1924"

Further reading
  • Traynor, Chief Justice Roger J.; Duniway, Judge; Peters, Justice Raymond (May 1966). "Justice Maurice T. Dooling Jr". Stanford Law Review. 18 (6): 967–973. JSTOR 1227120.
Legal offices
Preceded by
Homer R. Spence		 Associate Justice of the California Supreme Court
1960 – 1962		 Succeeded by
Mathew O. Tobriner
Preceded by
 Associate Justice of the California Court of Appeal, First District
1945 – 1960		 Succeeded by
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