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Retired Superior Court Judge Malcolm Mackey, 94, Dies
The Smiling Jurist Retired on Jan. 2 After Nearly 45 Years on the Bench
By a MetNews Staff Writer
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MALCOM MACKEY 1929-2024 |
Malcolm Mackey, who retired as a Los Angeles Superior Court judge on Jan. 2 at age 94, just six days from the date that would have marked 45 years on the bench, has died.
He “passed away peacefully this afternoon surrounded by his children and family,” his wife, Rachel Mackey, related on Sunday.
Several of those offering tributes yesterday made mention of Mackey’s smile.
“I will remember Judge Mackey for his smile, always upbeat demeanor,” Robert M. Mallano, a former Court of Appeal presiding justice and a former Los Angeles Superior Court presiding judge, remarked. “He had great common sense, but his warmth shown his colleagues was unsurpassed.”
Los Angeles Superior Court Judge David Cunningham said:
“I will always remember that Judge Mackey (Malcolm) greeted me with a high-voltage smile and a joyful sense of fun.”
Retired Los Angeles Superior Court Judge John T. Rafferty commented:
“Without laughter, life can be very oppressive. Each occasion, on which I ever encountered Malcolm Mackey, outside of a courtroom, he was flashing a warm smile. Then, we’d always find something to laugh about together. As the presiding judge of the Los Angeles Municipal Court, he administered the judicial oath to me in 1985. That occurred in Bullocks Wilshire’s iconic Team Room. A very young woman, attired in a long black velvet gown, played the harp during the solemn ceremony. Thereafter, all of the guests, to a person, commented to me on the immense dignity and human tenderness, which Malcolm added to the most important day of my life.
“Afterwards, as everyone else dined, he took me aside. He said: ‘John, I have only one piece of advice for you. Always be pleasant in court. For, if you bring your home problems into the courtroom, you’ll have a very long calendar.’ Each day of my twenty-five years on the bench, before entering my courtroom, I always asked God for guidance, and I always focused on Malcolm’s excellent advice. I thought the world of him, and shall deeply miss him and his signature winning smile.”
New Jersey Native
Mackey was born July 20, 1929 in Hoboken, New Jersey, came to Los Angeles in 1954, and received a law degree from Southwestern in 1958. He was admitted to the State Bar in 1959—and had the bar number 25455.
In 1968, he narrowly lost a race for a Los Angeles Municipal Court seat to incumbent Noel Cannon. As it turned out, Mackey was elected to that court in 1978 and was its presiding judge in 1985 (and Cannon was removed from the bench by the California Supreme Court in 1975).
After running unsuccessfully for the Los Angeles Superior Court in 1980, he was elected to that body in 1988. Mackey handily defeated an election challenger in 2018.
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Above is a 1983 photo of Mackey as a judge of the Los Angeles Municipal Court. |
Words of Praise
Warm praise of the personable former jurist was expressed yesterday:
Los Angeles Superior Court Judge Gregory Keosian:
“News of Malcolm’s passing has hit the Los Angeles Superior Court particularly hard. Malcolm was a fixture of the court for decades and its elder statesman, well known for providing his expansive knowledge of the law and his experience to his colleagues. Early in my judicial career, Malcolm asked me to visit him in chambers where he graciously provided me with guidance and advice on calendar management, and most importantly to him to maintain a firm trial date, as that would often result in resolving a case. He was never at a loss for words on the politics of the day and often spoke with great joy about his travels across the globe with Rachel, his wife. Malcolm, the lunch room won’t be the same without you. You will be sorely missed and never forgotten. Rest in Peace, my friend.”
Los Angeles Superior Court Judge Mary Ann Murphy:
“Judge Malcolm Mackey was the last of the “greatest generation” judges to have served on the Los Angeles Superior Court. We enjoyed listening to his wonderful stories about the court that went back 45 years and stories about the practice of law that went back even further. He was an expert on judicial elections. He was a warm and friendly colleague, a smart man, and a good judge. It was a privilege to have him as a colleague and to dine with him in the lunchroom. Fortunately for us, he was one of the regulars. Judge Mackey’s loss has cast a pall on the court.”
Los Angeles Superior Court Judge Randolph Hammock:
“In many ways, Judge Malcolm was my Hero. To say he lived a full life would be a gross understatement. It simply amazed me that he would show up every day, on time, with a smile on his face, and with a great attitude, to preside over a complicated IC calendar into his mid 90s. He did what he loved to do. He used his common sense and his good instincts to serve the citizens of this state is his capacity as a judge for almost 50 years. He is one of the last of the Greatest Generation.”
Former Los Angeles County Bar Association President Brian Kabateck:
“I appeared in front of Judge Mackey many times. He always had a twinkle in his eye, and clearly loved being a judge. He could tell you at any time, how close he was to being the longest serving judge in California history. Mostly, however, he loved the law and the administration of the law. He was also a judge who was not afraid to have professional and social relationships with members of the bar, which would not influence his ability to make fair and equitable decisions. He was one of a handful of judges who I would personally enjoy appearing in front of instead of assigning the appearance to a younger lawyer.”
Los Angeles Superior Court Judge Kevin Brazile, a former presiding judge:
“He was a person of amazing humility, immense integrity, and tremendous courage. He was a very talented and gifted judge who always found the time to help and mentor other judges and commissioners. I will always appreciate and be very grateful for the encouragement he would give to me and others whenever I saw him. His warm smile and charming personality, kindness and boundless energy are what I remember most about him. He will be deeply missed because he was a terrific role model. He was among the Best of the Bests!!!”
Los Angeles Superior Court Judge Eric Taylor, a former presiding judge:
“Malcolm has been a dear friend since I met him over 20 years ago. He was always a positive and supportive colleague, never seen without a smile on his face and warmth in his heart. He was an understated intellect, a legal servant who loved the law so much that he literally dedicated his entire life to the profession. He was a one of a kind public servant.”
Los Angeles Superior Court Judge J. Stephen Czuleger, a former presiding judge:
“Every court is blessed with judges who serve with their own brand of distinction. Some offer the court intelligence or hard work or heart. Malcolm was one of those judges that demonstrated immense heart in everything that he did on a daily basis on our court. The fact that he passed so quickly after retirement means that he left his heart with our court.”
Los Angeles Superior Court Judge Maureen Duffy Lewis:
“I have known Malcolm Mackey for over 40 years. My mother, Eleanor Duffy of Eagle Rock, was an early supporter of Malcolm’s quest to be a judge. He became a dear family friend and even officiated at my youngest sister Sheila’s wedding. During college at USC, I would often come home to one of my mom’s epic Sunday Italian dinners and there would be 30 people, members from the local community, meeting Malcolm. Malcolm met people with ease and enjoyed everything Italian. My mom and my uncle, Peter Tubiolo were early supporters of the Italian Bar Association and encouraged Malcolm to attend. As our new Italian American Lawyers Association took flight, I could always count on seeing Malcolm’s smiling face at our meetings, making friends. Malcolm was Irish and English but in his heart I always thought he was Italian!
“I will miss your smiling face and kind heart. Everyday in the Judges Lunchroom at Mosk Courthouse was fun because of you. We miss you every day since your recent retirement.”
Attorney Nowland Hong, a founder of the Southern California Chinese Lawyers Association:
“It was with great delight that I had the opportunity to last see and chat with Malcolm Mackey at the Metropolitan News 34th Persons of the Year Dinner. Having known Malcolm since the time we were members of the Lawyers Club of Los Angeles and he was the president, we’ve been long time friends. I recall the club held its meetings in what was the new courthouse cafeteria at lunchtime so Malcolm ran the meetings efficiently.
“We always laughed about my having been the first contributor to his campaign when he ran for the Municipal Court.
“Years later, along with Paul Geragos, his ‘young’ son Mark, numerous other prominent lawyers, and I were defending a group of executives in a complex criminal case. Then, as the judge, Malcolm who knew all of us, oversaw the complicated case and brought it to a very reasonable conclusion many months later as was typical for Malcolm on the bench.
“It will be with great sadness not to see Malcolm again but I will have fond memories of him to reflect upon.”
Attorney Lee Kanon Alpert, a former president of the San Fernando Valley Bar Association:
“Most often when people pass, it is a sad event indeed, as life seems always too short. At times when someone passes, in addition to being sad, you also feel it much harder in your heart, because the are so special. To me and my wife Arlene, Malcom, is one of those special people whose passing has hit us much harder. I tried my first criminal (and nearly only criminal) case in front of him when I first began to practice law, near five decades ago. Watching him in court before my matter, he scared the hell out of me, was not lenient on sentencing and tough when you were not prepared or misrepresented something.”
Court of Appeal Presiding Justice Arthur Gilbert of this district’s Div. Six:
“Malcolm, we both know how quickly the decades pass. You became my colleague and friend in 1978, when we were both judges on the Los Angeles Municipal Court, a court voted out of existence nearly 25 years ago. In your many decades as a judge, you were not imperious, but warm, and friendly to litigants and their counsel. You brought a thoughtful and practical perspective to your rulings. Your demeanor made litigation less stressful for those who appeared before you. I will miss the parties and your warm and jovial nature, but your cheer and warmth linger in memory.
“My experience in front of Malcolm was outstanding. I found him to be tough but fair, tough but caring and one of the nicest people off the bench I have ever had the pleasure of dealing with. Down to earth, very direct, almost always a smile on his face and just a real great person.
“My wife remembers him because on the many occasions that we met over the decades, he always smiled at her and greeted her directly, with her name and genuinely cared about what she said. He always asked our boys and our family and how we were doing. He listened and in and you realized he truly wanting to know. He always looked you straight in the eye and when we saw him at events, we always were attracted to him like a magnet, with smiles coming to our face.
“We wish him peace and comfort and wish his lovely wife and family the same. The world was a far better place with Malcolm in it!”
Los Angeles Superior Court Judge Mel Red Recana:
“Malcolm was my buddy court for more than 20 years. Previous to that, we were colleagues in the L.A. Municipal Court and served as PJs. We attended every court convention and seminar.
“Malcolm, a world traveler, joined us in our trip to Singapore, Thailand and the Philippines. With a ready smile for everyone, a great sense of humor, incisive mind, he is the friendliest judge I have ever known. He lived a rich, full life. There is no one like him. May his wife and children find comfort in the thought that Malcolm now dwells in the House of the Lord forever.”
Court of Appeal Judge Victoria Chaney:
“Judge Mackey was always warm and kind whenever I saw him. Attorneys have told me over the years he was a good trial judge who was fair and even handled to those on both sides of a matter before him.”
Los Angeles Superior Court Judge Richard Fruin:
“Malcolm Mackey was an institution at the Mosk Courthouse, presiding more than 30 years in Dept. 55. He is the last of the World War II generation (Malcolm served as a marine aboard naval ships in the mid and late 1940s). His amiable and tolerant demeanor concealed a unflinching commitment to decide motions filed in his courtroom in compliance with the facts and law as he saw them. He was a good judge.
Los Angeles Superior Court Judge Deirdre H. Hill:
“Judge Mackey always had an uplifting nature and a smile to greet we who were lucky to be his colleagues. For so many decades he served the community seated on the bench with distinction and well earned respect. The spirit of his good nature will be ever present in the halls of Stanley Mosk.”
Los Angeles Superior Court Judge Huey Cotton:
Malcolm was a true ambassador for justice. I remember traveling with him and his family on a California Judges Association trip to South Africa in 2019. As we were about to meet justices of their Supreme Court, Malcolm leaned over to me and said, ‘Make sure you smile when you talk about our justice system. That will send the right message.’ Malcolm sent the right message to us all.”
Los Angeles Superior Court Judge Fumiko H. Wasserman:
“Malcolm told my husband that he felt close to me and valued me as a friend. I treasure the years of friendship and collegiality we shared.”
Retired Los Angeles Superior Court Judge Anthony Mohr:
“Judge Mackey was a lunchroom institution. Always upbeat. Always ready with something nice to say.”
Los Angeles Superior Court Judge Kelvin D. Filer:
“I just remember Malcolm fondly when we would see each other and greet one another at the judicial seminars, conferences, etc. He ALWAYS made it point to tell me how much he liked and admired my father, Maxcy D. Filer! It ALWAYS made me feel good. ‘RIP’.”
Retired Los Angeles Superior Court Judge Allen J. Webster Jr.:
“Malcolm was a legend! We went to Cuba in 2001 and he was the most dynamic person on the trip-witty, engaging, energetic, unselfish and entertaining. I saw him in January and he was the same kindred person I have always admired. He leaves a legacy and there will never be another Malcolm.”
U.S. District Court Senior Judge John Kronstadt of the Central District of California:
“Judge Mackey was a dedicated, hard-working bench officer, who was committed to serving our judicial system. His preparation for proceedings, as well as his kind, calm and professional demeanor toward all litigants, helped to increase their confidence in the judicial process. His friendship and support of his judicial colleagues was valuable and appreciated.”
Los Angeles Superior Court Judge Patricia J. Titus:
“Mackey was a giant of a man and judge’s judge. He was a friend, colleague, and a longtime member and supporter of Black Women Lawyers Association of Los Angeles, Inc., of which I am a life member and past president. May he rest in peace.”
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Mackey is seen with his wife, Rachel Mackey, at a dinner in 2023. |
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