In what is believed to be a first for the local bench, a gay Asian judge is now serving on the San Francisco Superior Court.
Judge Roger Chan took his oath of office July 22 and has been assigned to hear traffic cases at the Hall of Justice. Governor Jerry Brown appointed him in late June to fill the vacancy created by the retirement of Judge Richard A. Kramer.
He first applied to be considered for a court vacancy three years ago. In addition to being the first out Asian judge on the local court, Chan is the first known LGBT person of color to serve on the San Francisco bench.
"If that is indeed the case, that is quite an honor," Chan told the Bay Area Reporter in a phone interview Monday while speaking from his chambers. "For me, it is very important the bench reflects the community we serve. I think it helps the public to have greater confidence in the court."
Being appointed to succeed Kramer carries its own honor, added Chan, as he ruled in 2005 that California's exclusion of same-sex couples from marriage, under Proposition 22, was unconstitutional. Although the Court of Appeal overruled him, the state Supreme Court reversed that decision in 2008, agreeing with Kramer though on different grounds. The decision laid the groundwork for the passage of Proposition 8 that November, and later the federal lawsuit it sparked that won back the right to wed for same-sex couples in the Golden State in 2013.
"It is also a great privilege to be appointed to take his seat," Chan said.
As is routine when it announces judicial appointments, Brown's office did not disclose Chan's sexual orientation when it released the news of his being picked for the vacancy. The B.A.R. only learned about the historic nature of his selection last week after fellow gay Judge Joe Quinn had lunch with Chan and contacted a reporter afterward.
"As an LGBT person of color interested in the lives of young people, Roger will give more voice to important communities and help ensure that the court continues to grow in ways that reflect the diversity of the city," Quinn told the B.A.R.
Asked for comment about Chan's appointment to the court seat, a former co-chair of the LGBT legal group Bay Area Lawyers for Individual Freedom was also surprised by the news. Nonetheless, attorney David Tsai hailed the appointment.
"I am impressed by Governor Brown's appointment of very qualified judges of diverse backgrounds, including Judge Roger Chan," wrote Tsai, who is gay, in an emailed reply to the B.A.R. "I'm especially happy to see the appointment of the first Asian-American gay judge to the San Francisco Superior Court. It is important to have qualified judges on the bench who reflect the community they serve."
Along with other LGBT legal groups across the state, BALIF has long advocated to see the governor name more out judicial nominees when vacancies arise on the bench. According to an annual report about the demographic makeup of the state courts, released March 1, there were 45 self-identified lesbian, gay, and transgender judges among the 1,672 jurists serving as of December 31, 2015.
The report, which is based on the voluntary answers submitted by judges, found no bisexual members of the bench. San Francisco's Superior Court had the second highest number of out judges last year, with four lesbians and three gay male trial court judges.
Over the last six years several gay Latino attorneys have sought to become judges, whether through gubernatorial appointments or via the ballot box, but have fallen short. This November could see the first gay African-American join the bench if attorney Paul Henderson, a top adviser and deputy chief of staff to Mayor Ed Lee, wins his race against attorney Victor Hwang for the San Francisco court's Seat 7.
Chan, who turns 44 on Monday, will go before voters to retain his seat in 2018. He is a former deputy public defender at the San Francisco Public Defender's office, where he worked from 2003 to 2009 and from 1999 to 2000. He also served as an attorney at the Alameda County Public Defender's office from 2000 to 2003 and in 1999.
A San Francisco resident, Chan since 2009 had served as the executive director of the East Bay Children's Law Offices. He represented children in various child welfare and juvenile justice cases, using a client-centered approach he now plans to utilize as a judge.
"There aren't a lot of juvenile lawyers on the court. I bring an experience that is not common," he said. "I want to use that to benefit the court and the families that come before it."
He earned a Juris Doctor degree from UC's Hastings College of the Law and a Bachelor of Arts from UC Berkeley. A Democrat, Chan will earn $189,041 as a judge.
"I have been enjoying my new job. I am looking forward to learning how to do it well," said Chan, who is single. "The staff and other judges are very welcoming and very knowledgeable and very helpful. I have enjoyed seeing the wide range of people who come before the court in traffic court. I like that interacting with the public."