The Los Angeles Times from Los Angeles, California • 7

MF HoS 3ngclcl CtmrS Mar. 8. 1977 Part I 21 ion on policy matters. Overall, our relationship was cordial." Asked by Younger if Wallace's resignation had been "peaceful," however, Ms. Bird said, "I am not at liberty to if discuss that particular issue.

Wood asked Ms. Bird to discuss a letter, sent to the commission and signed by 19 deputy district attorneys from Santa Clara County, which attacked her qualification for the post of chief justice. "I would only indicate," she replied, "that the senior deputies in the district attorney's office did not sign the letter. Most of the people I had dealings with did not sign." Tobriner asked how many deputies there were in the Santa Clara district attorney's office, and Ms. Bird said she believed there were 81.

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see American Hair Centers I jt -m TESTIFYING Rose Bird before judicial panel. AP Wlrephoto The board, by a vote of 12 to 3, found Ms. Bird "qualified." Five members abstained. "No more than six lawyer members voted in favor," said Cummins, saying he had been "gagged" by the board from disclosing exactly how the vote went. Cummins said that during the debate by the board, he had made four telephone calls that raised serious doubts about the "temperament, fairness and objectivity" of Ms.

Bird. Both Cummins and Jamison objected that Gov. Brown's legal affairs secretary, J. Anthony Kline, had been present during much of the board's closed-door consideration of the matter. Jamison said he was bothered by "a record of pressure applied on the board by the governor." He said Kline had taken the six public members to dinner the night before the board took up the matter.

Two board members reported that Kline had called them and asked whether 'jcalls from the governor would do any good." State Bar President Ralph J. Gampell, who spoke in favor of Ms. Bird's nomination, said Kline has sat in on the board's consideration of judicial appointments during the administration of the last three State Bar presidents. "There was no undue influence brought on any member by any person," Gampell said. He said that of the, five members who abstained from voting, three indicated they did not have sufficient evidence and two gave no reason.

One member who voted Ms. Bird "not qualified" also indicated it was because of lack of information, Gampell added. Gray Davis, executive secretary and chief of staff to Gov. Brown, told the commission he objected to suggestions that "public members of the board occupy second-class citizenship." Davis also said he had checked with Kline, and was told that "at no time did he have any ex-parte communications (without other board members present) with any member." And Davis added that "the governor at no time attempted to reach any member to attempt to lobby them." Younger told Davis he believed the remark as it applied to Kline, and that he would not find it improper if the governor had tried to lobby the board members anyway. Almost lost in the dialogue was Gov.

Brown's nomination of Manuel, 49, a 23-year member of the state attorney general's office whom Brown appointed as a judge of the Alameda County Superior Court a little more than a year ago. He was asked only one question. "Have you written on the subject of racial discrimination?" asked the third commission member, senior Presiding Justice Parker Wood of the state Court of Appeal. "No, I haven't," replied Manuel, explaining that administrative law is his principal field of expertise and he had confined his writing to that. Each of the nominees recommended that the other be confirmed by the commission.

Ms. Bird, 40, spent the most time in the witness chair. She read a lengthy description of her background and experience, then responded to questioning, most of which was done by Younger. But she was not asked about a letter from Catholic Bishop Roger Mahony of Fresno. He is former chairman of the Agricultural Labor Relations Board, which Ms.

Bird helped to establish. In the letter, made public last week by Younger, Mahony questioned Ms. Bird's "emotional stability" and "vindictive approach." Younger seemed interested in whether that assessment could be corroborated, but it was not by Monday's witnesses. Another question raised by Younger concerned Ms. Bird's relations with Tim Wallace, who resigned recently as director of the state Department of Agriculture.

Ms. Bird said she and Wallace had a "difference of opin Rose Bird Testifies Before Commission IBetiai teM fck Menials Continued from First Page Gibson said he had not known Ms. Bird until he interviewed her last week for more than an hour. "I think she's eminently qualified," Gibson said. "She's intelligent, has a good background as a student and teacher.

I think I learned more about law teaching it than I did practicing it. "She has a fine judicial temperament, and for a judge that's important." The commission chairman, Acting Chief Justice Mathew 0. Tobriner, brought out that Gibson had served on such a commission that had reviewed 11 Supreme Court and about 50 appellate court appointments made by four governors. "Before your appointment to the Supreme Court, did you have any prior judicial experience?" Tobriner asked Gibson, with obvious reference to criticism that Ms. Bird has never been a judge.

"None," replied Gibson with a broad smile. Although most of the early witnesses heartily supported Ms. Bird, dissenting comments came from two members of the State Bar Board of Governors who presented some minority views of that body. Both Joseph Cummins of Los Angeles and Oliver Jamison of Fresno disclosed the dissension that rumbled behind closed doors last week between some lawyer members of the board and the six nonlawyer public members who are appointees of Gov. Brown.

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