Mathew Tobriner
Encyclopedia
Mathew Oscar Tobriner was an Associate Justice on the California Supreme Court from July 1962–January 1982. An appointee of Democratic Governor Pat Brown
, he had worked as a labor
lawyer until 1959, when Brown appointed him to the California Court of Appeal. After three years on the Court of
Appeal, Tobriner was appointed by Brown to the Supreme Court. As one of the three members on the California Commission on Judicial Appointments, Tobriner cast the deciding vote in approving the nomination of Rose Bird
as the first female Chief Justice on the California Supreme Court.
Tobriner was admitted before the California Bar in April 1928.
Tobriner wrote the 1974 decision of Green v. Superior Court, 517 P.2d 1168, that established the doctrine of implied warranty of habitability in residential lease
s in California, which requires landlords to maintain leased dwellings in a habitable condition.
Tobriner wrote the 1976 decision of Tarasoff v. Regents of the University of California
, 17 Cal. 3d 425, 551 P.2d 334, 131 Cal. Rptr. 14 (Cal. 1976), the ruling that held that mental health professionals have a duty to protect individuals who are being threatened with bodily harm by a patient. He famously wrote, "...the confidential character of patient-psychotherapist communications must yield to the extent that disclosure is essential to avert danger to others. The protective privilege ends where the public peril begins..."
Tobriner also wrote the majority opinion in People v. Woody, 394 P.2d 813 (Cal. 1964), overturning a conviction for peyote
use by a Native American Church member on First Amendment
grounds. Weighing the asserted compelling state interest in controlling drug abuse with the Free Exercise Clause
, he found that the balance favored constitutional protection of the peyote use and practice, stating:
A native of San Francisco, Tobriner attended Lowell High School
and was a member of its famed Lowell Forensic Society
, the nation's oldest high school debate team.
One of Tobriner's law clerk
s was Jerry Brown
, the son of Governor Pat Brown, who had appointed Tobriner to the Court and who was still Governor when the younger Brown clerked for Tobriner. Jerry Brown would serve as Governor of California
from 1975–1983 and again in 2011, and Attorney General of California
from 2007 to 2011.
Another of Tobriner's law clerks, Laurence Tribe
, became a professor of law at Harvard University
and a preeminent expert on United States constitutional law
.
Tobriner's grandson, Ben Wildman-Tobriner
, is the 2007 World Aquatics Champion in 50-meter freestyle swimming
and won a gold medal at the 2008 Summer Olympics
.
Pat Brown
Edmund Gerald "Pat" Brown, Sr. was the 32nd Governor of California, serving from 1959 to 1967, and the father of current Governor of California Jerry Brown.-Background:...
, he had worked as a labor
Labor relations
Industrial relations is a multidisciplinary field that studies the employment relationship. Industrial relations is increasingly being called employment relations because of the importance of non-industrial employment relationships. Many outsiders also equate industrial relations to labour relations...
lawyer until 1959, when Brown appointed him to the California Court of Appeal. After three years on the Court of
Appeal, Tobriner was appointed by Brown to the Supreme Court. As one of the three members on the California Commission on Judicial Appointments, Tobriner cast the deciding vote in approving the nomination of Rose Bird
Rose Bird
Rose Elizabeth Bird served for 10 years as the 25th Chief Justice of California. She was the first female Justice, and first female Chief Justice, on that court, appointed by then Governor Jerry Brown...
as the first female Chief Justice on the California Supreme Court.
Tobriner was admitted before the California Bar in April 1928.
Tobriner wrote the 1974 decision of Green v. Superior Court, 517 P.2d 1168, that established the doctrine of implied warranty of habitability in residential lease
Lease
A lease is a contractual arrangement calling for the lessee to pay the lessor for use of an asset. A rental agreement is a lease in which the asset is tangible property...
s in California, which requires landlords to maintain leased dwellings in a habitable condition.
Tobriner wrote the 1976 decision of Tarasoff v. Regents of the University of California
Tarasoff v. Regents of the University of California
Tarasoff v. Regents of the University of California, 17 Cal. 3d 425, 551 P.2d 334, 131 Cal. Rptr. 14 , was a case in which the Supreme Court of California held that mental health professionals have a duty to protect individuals who are being threatened with bodily harm by a patient...
, 17 Cal. 3d 425, 551 P.2d 334, 131 Cal. Rptr. 14 (Cal. 1976), the ruling that held that mental health professionals have a duty to protect individuals who are being threatened with bodily harm by a patient. He famously wrote, "...the confidential character of patient-psychotherapist communications must yield to the extent that disclosure is essential to avert danger to others. The protective privilege ends where the public peril begins..."
Tobriner also wrote the majority opinion in People v. Woody, 394 P.2d 813 (Cal. 1964), overturning a conviction for peyote
Peyote
Lophophora williamsii , better known by its common name Peyote , is a small, spineless cactus with psychoactive alkaloids, particularly mescaline.It is native to southwestern Texas and Mexico...
use by a Native American Church member on First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
grounds. Weighing the asserted compelling state interest in controlling drug abuse with the Free Exercise Clause
Free Exercise Clause of the First Amendment
The Free Exercise Clause is the accompanying clause with the Establishment Clause of the First Amendment to the United States Constitution. The Establishment Clause and the Free Exercise Clause together read:...
, he found that the balance favored constitutional protection of the peyote use and practice, stating:
"On the other hand, the right to free religious expression embodies a precious heritage of our history. In a mass society, which presses at every point toward conformity, the protection of a self-expression, however unique, of the individual and the group becomes ever more important. The varying current of the subcultures that flow into the mainstream of our national life give it depth and beauty. We preserve a greater value than an ancient tradition when we protect the rights of the Indians who honestly practiced an old religion in using peyote one night at a meeting in a desert hogan near Needles, California."
A native of San Francisco, Tobriner attended Lowell High School
Lowell High School (San Francisco)
Lowell High School is a public magnet school in San Francisco, California. The school opened in 1856 as the Union Grammar School and attained its current name in 1896. Lowell moved to its current location in the Merced Manor neighborhood in 1962....
and was a member of its famed Lowell Forensic Society
Lowell Forensic Society
The Lowell Forensic Society, founded in 1892, is the oldest high school speech and debate team in the United States and also the largest organization at Lowell High School in San Francisco, California. The society occupies Room 135, also known as "Leland Room," named after former Deputy Under...
, the nation's oldest high school debate team.
One of Tobriner's law clerk
Law clerk
A law clerk or a judicial clerk is a person who provides assistance to a judge in researching issues before the court and in writing opinions. Law clerks are not court clerks or courtroom deputies, who are administrative staff for the court. Most law clerks are recent law school graduates who...
s was Jerry Brown
Jerry Brown
Edmund Gerald "Jerry" Brown, Jr. is an American politician. Brown served as the 34th Governor of California , and is currently serving as the 39th California Governor...
, the son of Governor Pat Brown, who had appointed Tobriner to the Court and who was still Governor when the younger Brown clerked for Tobriner. Jerry Brown would serve as Governor of California
Governor of California
The Governor of California is the chief executive of the California state government, whose responsibilities include making annual State of the State addresses to the California State Legislature, submitting the budget, and ensuring that state laws are enforced...
from 1975–1983 and again in 2011, and Attorney General of California
California Attorney General
The California Attorney General is the State Attorney General of California. The officer's duty is to ensure that "the laws of the state are uniformly and adequately enforced" The Attorney General carries out the responsibilities of the office through the California Department of Justice.The...
from 2007 to 2011.
Another of Tobriner's law clerks, Laurence Tribe
Laurence Tribe
Laurence Henry Tribe is a professor of constitutional law at Harvard Law School and the Carl M. Loeb University Professor at Harvard University. He also works with the firm Massey & Gail LLP on a variety of matters....
, became a professor of law at Harvard University
Harvard University
Harvard University is a private Ivy League university located in Cambridge, Massachusetts, United States, established in 1636 by the Massachusetts legislature. Harvard is the oldest institution of higher learning in the United States and the first corporation chartered in the country...
and a preeminent expert on United States constitutional law
Constitutional law
Constitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature and the judiciary....
.
Tobriner's grandson, Ben Wildman-Tobriner
Benjamin Wildman-Tobriner
Benjamin Marshall Wildman-Tobriner is a competitive swimmer and was until recently a member of the Stanford Men's Swim team....
, is the 2007 World Aquatics Champion in 50-meter freestyle swimming
Swimming at the 2007 World Aquatics Championships - Men's 50 m freestyle
The men's 50 metre freestyle event was the 28th event contested of the swimming events at the 2007 World Aquatics Championships at the Rod Laver Arena, Melbourne, Australia. The heats were held in the morning session of the meet on 30 March 2007, with the semifinals in the evening session of the...
and won a gold medal at the 2008 Summer Olympics
2008 Summer Olympics
The 2008 Summer Olympics, officially known as the Games of the XXIX Olympiad, was a major international multi-sport event that took place in Beijing, China, from August 8 to August 24, 2008. A total of 11,028 athletes from 204 National Olympic Committees competed in 28 sports and 302 events...
.