Profile of Justice Roger W. Boren

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Court: California Court of Appeal, Second District, Division Two

Appointed by: Governor Deukmejian, 1987

Born: September 11, 1941 in Bingham Canyon, Utah

Education: BA, UC Berkeley 1966; MA, San Jose State 1968; JD, UCLA 1973

Law Practice: California Deputy Attorney General (1973-84)

Judicial Appointments: Newhall Municipal Court (1984-85); Los Angeles County Superior Court (1985-87); Second District Court of Appeal (1987-present)

Opinions Reported in Appellate Decisions Noted:

Additional Sources of Information:

• Justice Boren's biography at the California Courts site

Comments from Visitors to the Appellate Counsellor Home Page:

Anonymous (11/7/97)

Justice Boren, along with Justice Ashby and then Justice Grignon, have demonstrated that, at least on one occasion, notwithstanding others, an unwillingness to apply the correct law to a set of facts.

Justice Boren's and the other Justice's conduct, produced a published opinion, manifestly prohibited by the California Constitution. See Williams vs. City of LA, 229 Cal.App.3d 1627 (May 10, 1991)

That decision, authorized a municipal employer to subject an employee to a wrongful termination, then to avoid liability, strictly based upon the dis- charged employee's execution of pension rights, after the termination.

Notwithstanding that this was patent abuse of due process of law, no charter City, under the State's constitution, can invoke one of its ordinances, to nullify action protected under State law: in the present case, the right to enforce a judgment for writ of mandate, after the judgment had been fully affirmed on appeal.

Justice Boren's conduct under Williams vs. City of Los Angeles, 229 Cal.App.3d 1627 (May 10, 1991) and regarding City ordinance 190.111, has since been elevated by federal courts, as preemption authority over the U.S. Constitution and Federal law, under which the aggrieved party Williams, sought to remedy the City's wrongful under Federal statutes.

Justice Boren should ultimately be held accountable for Williams vs. City of LA, 229 Cal.App.3d 1627 (May 10, 1991). If not by aggrieved party Williams, by every law enforcement officer of the State, who, as a benefit of his employment, us a member of a vested pension benefits plan.

Justice Boren, has participated in the inclusion of an onerous addition of such pension plans: that require forfeiting a right to a pension that had vested, to have the right to sue in the event of being terminated.

It is hoped that such an onerous right is not a part of Justice Boren's pension plan.

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