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Paul Peek (politician)
Encyclopedia
Paul Peek was an American attorney
, Democratic
politician
and jurist
. Peek practiced law in southern California
prior to his election in 1936 to the California Assembly
, where he served as Speaker during the 1939 session. He was appointed Secretary of State
in 1940 and then to the Court of Appeal, in December 1942, where he served for 20 years. In 1962, Governor Pat Brown
appointed Peek to the California Supreme Court. Justice Peek retired from the bench
in 1966, but continued to work as a consulting attorney and teacher
. He died in Sacramento
.
, Peek moved to California at age 6. He attended Oregon State University
and the University of Oregon
before obtaining his legal education at Southwestern University School of Law
in Los Angeles
.
Peek was admitted to the State Bar of California
in 1930. He practiced law in Long Beach and Los Angeles and was a member of the Long Beach Junior Chamber of Commerce
(president, 1935) and the State Junior Chamber of Commerce (vice-president, 1936)
, District 71, in Los Angeles County in 1936 where he served until 1940. (Speaker, 1939 session) He worked with Senator Culbert Olson
to oppose legislation
sponsored by the administration of Republican Governor Frank Merriam
to treat oil on state lands in Long Beach and Huntington Beach in a manner favored by the oil industry. “It looks very much like we’re turning the oil pool over to private interests lock, stock and barrel,” Peek said.,
Peek was appointed Secretary of State by Democratic Governor Culbert L. Olson in 1940, after the death of the long-time Republican incumbent, Frank C. Jordan. He did not win the general election in 1942, when Republican Frank M. Jordan won back the office that his father had held.
After Jordan won the 1942 election, Governor Olson appointed Peek to the California Court of Appeal
's Third Appellate District in Sacramento. He served as Associate Justice from January 1943 to October 1961 and as Presiding Justice from October 1961 to December 1962.
Peek was the author of the 1951 appellate decision overturning California’s loyalty oath. According to the Daily Bruin
, the Court ruled that The Regents' action to require faculty members to sign an affirmation of non-membership in any subversive organization was a violation of the State Constitution and "That the pledge is the highest loyalty that can be demonstrated by any citizen, and that the exacting of any other test of loyalty would be antithetical to our fundamental concept of freedom.... [any other decision would] approve that which from the beginning of our government has been denounced as the most effective means by which one special brand of political or economic philosophy can entrench and perpetuate itself to the eventual exclusion of all others . . ."
Any "more inclusive" test of loyalty would be the "forerunner of tyranny and oppression," the document added.
Peek was appointed Associate Justice of the California Supreme Court by Governor Pat Brown
in 1962. He retired from the bench in 1966. After retiring from the Supreme Court, Peek practiced law in Sacramento, with the firm of Wilkie & Fleury.
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
, Democratic
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
politician
Politician
A politician, political leader, or political figure is an individual who is involved in influencing public policy and decision making...
and jurist
Jurist
A jurist or jurisconsult is a professional who studies, develops, applies, or otherwise deals with the law. The term is widely used in American English, but in the United Kingdom and many Commonwealth countries it has only historical and specialist usage...
. Peek practiced law in southern California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
prior to his election in 1936 to the California Assembly
California State Assembly
The California State Assembly is the lower house of the California State Legislature. There are 80 members in the Assembly, representing an approximately equal number of constituents, with each district having a population of at least 420,000...
, where he served as Speaker during the 1939 session. He was appointed Secretary of State
Secretary of State
Secretary of State or State Secretary is a commonly used title for a senior or mid-level post in governments around the world. The role varies between countries, and in some cases there are multiple Secretaries of State in the Government....
in 1940 and then to the Court of Appeal, in December 1942, where he served for 20 years. In 1962, Governor Pat Brown
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:...
appointed Peek to the California Supreme Court. Justice Peek retired from the bench
Bench (law)
Bench in legal contexts means simply the location in a courtroom where a judge sits. The historical roots of that meaning come from the fact that judges formerly sat on long seats or benches when presiding over a court...
in 1966, but continued to work as a consulting attorney and teacher
Teacher
A teacher or schoolteacher is a person who provides education for pupils and students . The role of teacher is often formal and ongoing, carried out at a school or other place of formal education. In many countries, a person who wishes to become a teacher must first obtain specified professional...
. He died in Sacramento
Sacramento
Sacramento is the capital of the state of California, in the United States of America.Sacramento may also refer to:- United States :*Sacramento County, California*Sacramento, Kentucky*Sacramento – San Joaquin River Delta...
.
Early years
Born in West Union, IowaWest Union, Iowa
West Union is a city in Fayette County, Iowa, United States. The population was 2,549 at the 2000 census. It is the county seat of Fayette County...
, Peek moved to California at age 6. He attended Oregon State University
Oregon State University
Oregon State University is a coeducational, public research university located in Corvallis, Oregon, United States. The university offers undergraduate, graduate and doctoral degrees and a multitude of research opportunities. There are more than 200 academic degree programs offered through the...
and the University of Oregon
University of Oregon
-Colleges and schools:The University of Oregon is organized into eight schools and colleges—six professional schools and colleges, an Arts and Sciences College and an Honors College.- School of Architecture and Allied Arts :...
before obtaining his legal education at Southwestern University School of Law
Southwestern University School of Law
Southwestern Law School is a private ABA-accredited law school located in Los Angeles, California , with about 1,000 students. Its campus includes the Bullocks Wilshire building, an admired art deco National Register of Historic Places landmark built in 1929...
in Los Angeles
Los Ángeles
Los Ángeles is the capital of the province of Biobío, in the commune of the same name, in Region VIII , in the center-south of Chile. It is located between the Laja and Biobío rivers. The population is 123,445 inhabitants...
.
Peek was admitted to the State Bar of California
State Bar of California
The State Bar of California is California's official bar association. It is responsible for managing the admission of lawyers to the practice of law, investigating complaints of professional misconduct, and prescribing appropriate discipline...
in 1930. He practiced law in Long Beach and Los Angeles and was a member of the Long Beach Junior Chamber of Commerce
United States Junior Chamber
The United States Junior Chamber is a leadership training and civic organization for people between the ages of 18 and 41. Areas of emphasis are business development, management skills, individual training, community service, and international connections. The U.S...
(president, 1935) and the State Junior Chamber of Commerce (vice-president, 1936)
Career
Peek was elected to the California State AssemblyCalifornia State Assembly
The California State Assembly is the lower house of the California State Legislature. There are 80 members in the Assembly, representing an approximately equal number of constituents, with each district having a population of at least 420,000...
, District 71, in Los Angeles County in 1936 where he served until 1940. (Speaker, 1939 session) He worked with Senator Culbert Olson
Culbert Olson
Culbert Levy Olson was an American lawyer and politician. A Democrat, Olson was involved in Utah and California politics and was elected as the 29th Governor of California from 1939 to 1943.-Personal background:...
to oppose legislation
Legislation
Legislation is law which has been promulgated by a legislature or other governing body, or the process of making it...
sponsored by the administration of Republican Governor Frank Merriam
Frank Merriam
Frank Finley Merriam was an American politician who served as the 28th governor of California from June 2, 1934 until January 2, 1939...
to treat oil on state lands in Long Beach and Huntington Beach in a manner favored by the oil industry. “It looks very much like we’re turning the oil pool over to private interests lock, stock and barrel,” Peek said.,
Peek was appointed Secretary of State by Democratic Governor Culbert L. Olson in 1940, after the death of the long-time Republican incumbent, Frank C. Jordan. He did not win the general election in 1942, when Republican Frank M. Jordan won back the office that his father had held.
After Jordan won the 1942 election, Governor Olson appointed Peek to the California Court of Appeal
California Court of Appeal
The California Courts of Appeal are the state intermediate appellate courts in the U.S. state of California. The state is geographically divided into six appellate districts...
's Third Appellate District in Sacramento. He served as Associate Justice from January 1943 to October 1961 and as Presiding Justice from October 1961 to December 1962.
Peek was the author of the 1951 appellate decision overturning California’s loyalty oath. According to the Daily Bruin
Daily Bruin
The Daily Bruin is the student newspaper at the University of California, Los Angeles.-Frequency and governance:When classes are in session, the Bruin is published Monday through Friday during the school year and once a week on Mondays in the summer quarter.It is overseen by the ASUCLA...
, the Court ruled that The Regents' action to require faculty members to sign an affirmation of non-membership in any subversive organization was a violation of the State Constitution and "That the pledge is the highest loyalty that can be demonstrated by any citizen, and that the exacting of any other test of loyalty would be antithetical to our fundamental concept of freedom.... [any other decision would] approve that which from the beginning of our government has been denounced as the most effective means by which one special brand of political or economic philosophy can entrench and perpetuate itself to the eventual exclusion of all others . . ."
Any "more inclusive" test of loyalty would be the "forerunner of tyranny and oppression," the document added.
Peek was appointed Associate Justice of the California Supreme Court by Governor Pat Brown
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:...
in 1962. He retired from the bench in 1966. After retiring from the Supreme Court, Peek practiced law in Sacramento, with the firm of Wilkie & Fleury.
Appointments, boards and memberships
- University of California Board of RegentsRegents of the University of CaliforniaThe Regents of the University of California make up the governing board of the University of California. The Board has 26 full members:* The majority are appointed by the Governor of California for 12-year terms....
, ex officio member, 1939 - 1940. - Chairman, Democratic State Central Committee, 1939-40.
- Delegate to Democratic National Convention from California, 1940.
- Member, Judicial Council of California, 1946-50. Trustee, McGeorge School of LawMcGeorge School of LawUniversity of the Pacific, McGeorge School of Law is a private, ABA approved law school in the Oak Park neighborhood of the city of Sacramento, California. It is part of the University of the Pacific....
, Sacramento.