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My
Friend Abbott
By
Rudy Michaels
Having
heard in early May that my friend, Judge Abbott Goldberg, had
died,
I felt a true sense of loss.
We
had not been close during the past few years but, beginning in
the late forties, our paths crossed many times and we became friends.
The
Sacramento Bee and the San Francisco Chronicle carried
obituaries, recording his history, and acknowledging his important
contributions to California law.
It
is not my purpose to repeat any of this but rather to recall some
of the encounters I remember with joy, now mixed with sadness.
Abbott
was already a Harvard Law School graduate when he entered the
Army to become an officer in a tank destroyer unit. He became
seriously ill, was released, settled in San Francisco, and became
an aide to the Chief Justice in the formative days of court reform.
When Dean Snodgrass of Hastings, also a Harvard alumnus, needed
faculty members for the fresh-out-of-uniform class of '48, Abbott
signed on as an ad hoc professor to teach Conflict of Laws.
And
that's how I first got to know him and his impressive intellect.
I was a face in the crowd but he had the good grace to give me
an "A" in this esoteric course. The papers were number-coded
anyway. I knew him, but he didn't know me.
After
graduating, I went to work as a clerk to one of the Supreme Court
Justices. Our offices were in the same suite and we quickly became
acquainted. One day, he came to my cubbyhole in mid-morning and
said: "Come on, I want you to meet somebody."
That
"somebody" was the late Bernie Witkin, then Reporter
of Decisions and already famous. Almost every morning around ten,
a small group of the young - well, thirty-two was young then and
we were the same age - guys around the Court would gather in Bernie's
office and be entertained by his pearls of wisdom.
After
my stint at the Court ended, Abbott and I went separate ways but
our paths crossed again when he had come to Sacramento as the
Deputy Attorney General who made water law history.
By then, I had become Chief Counsel for the State Welfare Department
and a Court of Appeal ruling jeopardized the state's eligibility
to receive federal funds. Talk about a crisis! Abbott became head
of the rescue effort and we worked closely together, first, to
get a Supreme Court hearing and then to try to put things right.
During
that time, I saw his uncanny ability to get to the heart of the
matter, and to find cases which, when put in the proper light,
would support his point. During our days together in the law library
- remember, legal research was still all in books then - I became
convinced that all he had to do was look hard at a row of books
and one of them would fall out and open up at the right page.
Well, we won.
Again
there was a lapse when he joined the Department of Water Resources,
but when he became a judge, several cases involving my agency
came before him, and once I even appeared as a witness in his
Court. That's an experience I will never forget.
We
had no regular schedule but would meet now and then, sometimes
for lunch.
One
aspect of his life which was only mentioned in passing by the
papers was the severity of the illness which befell him while
he was in the service. It was a serious gastric disorder which
haunted him all is life and which he bore with great courage.
He had so many surgeries that once he told me that his abdomen
looked like a relief map of the Battle of Verdun.
What
especially endeared Abbott to my wife and me is that he took a
personal interest in our younger son who, at a very young age,
became the victim of Crohn's Disease. Abbott befriended him and
our boy learned from him that even a devastating illness need
not keep you from becoming a useful member of society. And that,
too, worked.
He
will always be in my mind and in my heart as a multi-faceted,
impressive man, highly intelligent but down-to-earth and always
a joy to be with. May he rest in peace.
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