Palisadian Justice Arthur Gilbert Talks Law, Literature and Life in Pacific Palisades

By DAYNA DRUM | Reporter

Lauded as the “Court of Appeal’s Poet Laureate,” celebrated Palisadian legal titan Justice Arthur Gilbert has a way with words. Spend just a few moments with the quick-witted judge and he’ll pepper the conversation with memorable quips and quotes from his favorite authors and poets.

Now as the Presiding Justice of Division 6 of the California Court of Appeal, known for his concise, well-written judicial opinions, as well as a longtime legal columnist acclaimed for his insightful musings, Gilbert is likely to be the one other people will be quoting in the future.

Case in point: one of his favorite ways to describe himself and his cohorts on the Court of Appeal is the “think tank in tank tops” because the justices usually dress casually—think tank tops, t-shirts and shorts—under their robes.

In an expansive interview with the Palisadian-Post at Starbucks in the Village, the enthusiastic Gilbert talked about his love for the law, literature, life in Pacific Palisades and much more.

THE PATH TO THE BENCH

Gilbert has been the victim of falling into things throughout his life. The man, who has 40 years as a judge behind him, said he never intended on practicing law.

Gilbert received a bachelor’s degree in English at UCLA, not knowing what he wanted to do but figuring a degree was probably the right choice. He then attended law school; it was the 1960s and the battle for free speech was raging, as well as the Vietnam War. Gilbert didn’t agree with the war and thought maybe he could represent people opposing it.

Graduate school at UC Berkeley came next, followed by passing the bar exam. Gilbert still wasn’t sure what he wanted to do and considered travelling the world for a year. But the law caught up with him instead—in a good way.

A friend working in the Los Angeles City Attorney’s office called him and suggested Gilbert come to Los Angeles and see what he thought. Trying cases seemed like fun, so he applied and was offered a position.

In this office he worked with the late Johnnie Cochran, the famed lead defense lawyer for O.J. Simpson. Before long, Gilbert excelled in trial law and moved to another firm where he eventually became a partner.

All the while, Gilbert was maintaining a relationship with a budding Gov. Jerry Brown. The two had lived in the same house while going to school at Berkeley and had discovered they shared common interests. They kept in touch to exchange intellectual ideas, and Brown often asked Gilbert for career advice.

When Brown became governor in 1974, Gilbert was his second judicial appointment.

SETTLING DOWN

It was Labor Day, 1975 when Gilbert was sworn in as a judge. He had been appointed to the Municipal court, which no longer exists, but at the time handled traffic matters and misdemeanors.

This is when Gilbert decided to settle down and buy a house. He loved Pacific Palisades and the ocean, so he looked here first. A house in the El Medio Bluffs—the only one he looked at—captured him and he bought it right away.

“It was a much different Palisades than it is today,” Gilbert said. “It was like a time warp of the 1940s or ’50s when I first moved in.”

He describes a peaceful place where everyone knew each other and neighbors would do anything for each other.

In 1981, Gilbert married his wife Barbara. The couple had dated for two years when they were younger but they broke up. All of their friends predicted they would get married in the future. Years later, Gilbert bumped into her father. She called him and they went on a date after not seeing each other for five years. There was no question that they needed to be married and they wed within a year.

It has been rebuilt and remodeled since then, but the Gilberts still live in their El Medio house.

Even though the Palisades has become more congested and the atmosphere is a little different, Gilbert still says there’s nothing he doesn’t love about it.

“I think it’s the ideal place to live. They’re going to carry me out of here I’m never going to leave,” he said.

SITTING ON THE BENCH

In the four decades that Gilbert has been holding a gavel, he has left lasting impressions in whatever court he’s worked in.

As head of the traffic court, Gilbert noticed many Spanish-speaking people had warrants out for their arrest because they weren’t coming to court for their hearings. He realized this was because they couldn’t read their tickets. Because of his efforts, tickets were then translated into Spanish.

Gilbert transitioned to Los Angeles Superior Court in 1980 and held assignments in juvenile, criminal, civil and law and motion courts. While hearing criminal cases he realized gay people were being harassed. During that period, officers would pose as gay men, go to a gay bar and try to get men to ask them to have sex. Once they asked, the men were arrested for soliciting a lewd act in public.

There was a law at the time that consenting adults could do as they pleased in private, and off of that law, Gilbert wrote his first opinion: “If you can do it, you ought to be able to talk about it.” Gilbert laughed and said even Playboy magazine quoted him.

Gilbert moved to the Court of Appeal in 1982 as an Associate Justice of Division 6 and later became the Presiding Justice of the division in 1999. When asked what it was like to be an appellate justice, he once responded, “It’s just the two of us in a room: me and my brain. Only often I’m alone.”

The answer still applies, Gilbert said with a laugh.

Being a justice isn’t without its own fun. Behind the scenes, arguing with the other justices about how to rule on a case is thrilling, Gilbert explained.

“If you get along with your colleagues and can disagree in an agreeable way, then it’s a wonderful experience,” he said.

Gilbert calls the other justices in his division his best friends, and attributes his career longevity to them.

Gilbert was awarded Justice of the Year in 1997—just one line on his long list of awards. During his acceptance speech at the Montage Beverly Hills Hotel, he playfully complained that he didn’t have anything named after him and that he only wanted a passenger loading zone with his name on it.

Soon after, the hotel obliged his light-hearted request.

“I’ve never looked back. It’s been a wonderful career,” he said.

Once Governor Brown retires, Gilbert said he probably will too and refers to that as their secret pact.

BEYOND THE ROBE

Gilbert’s expertise goes beyond his seat in court. The Justice also lectures around the world and writes a column for The Los Angeles Daily Journal, a prestigious law publication.

His columns have been compiled into a book titled “Under Submission.” All the proceeds of the book go to the California Judges Foundation, which does outreach programs in minority neighborhoods.

The forward in Gilbert’s book written by writer and musician Charles Embree reads: “Not all judges are piano players, but certainly all piano players are judges. They sit on a bench and hand down decision to fingers directing them on which key to strike in what order and when. The sound heard is the soundness of the judgment rendered.”

Gilbert’s law career is preceded by his love for music. He played the piano when he was a kid and aspired to be a musician. He then realized that he hated staying up late, had no regard for the smell of cigarettes and didn’t drink much—which meant he didn’t fit the mold for a jazz musician.

However, he’s still found a way to incorporate music into his life.

Gilbert was asked to do a jazz performance with the Los Angeles Lawyers Philharmonic, and from there started an 18-piece jazz band called Big Band of Barristers. Every member is a lawyer, Gilbert explained, and they all were musicians before they went into law as a preventative measure to keep them from starving to death.

Out of that group formed a group of singers, The Singers in Law. Barbara, who used to be a court reporter, is a member of the four-person group. Gilbert also plays in the quartet that backs the group, Just Us.

Between their careers and musical ventures, the couple rarely has a free moment. The band requires a lot of practice and brings stress along with it.

“It has its own pressure, but it’s the kind of pressure I love,” Gilbert said.

Gilbert’s columns can be found on his blog Gilbertsubmits.blogspot.com. His quartet will also accompany The Singers in Law at a Valentine’s Day concert at Vitello’s Restaurant in Studio City. Reservations can be made at 818-769-0905.