Homer Roberts Spence | |
|---|---|
| Associate Justice of the California Supreme Court | |
| In office January 2, 1945 – June 1, 1960 | |
| Appointed by | Governor Earl Warren |
| Preceded by | Jesse W. Curtis Sr. |
| Succeeded by | Maurice T. Dooling Jr. |
| Associate Justice of the California Court of Appeal, First District | |
| In office 1930 – January 1, 1945 | |
| Appointed by | Governor C. C. Young |
| Preceded by | John T. Nourse |
| Succeeded by | C. J. Goodell |
| Member of the California State Assembly from the 35th district district | |
| In office January 3, 1921 - January 3, 1927 | |
| Preceded by | William J. Locke |
| Succeeded by | Roy Bishop |
| Personal details | |
| Born | March 15, 1891 San Francisco, California, U.S. |
| Died | July 1, 1973 (aged 82) Oakland, California, U.S. |
| Political party | Republican |
| Spouse |
Frances Davie Horton
(m. 1952) |
| Alma mater | Stanford University (B.A.) Stanford Law School (LL.B.) |
Homer Roberts Spence (March 15, 1891 – July 1, 1973) was an Associate Justice of the California Supreme Court (1945-1960) and a justice of the District Court of Appeal, First District (1930-1945).[1]
Spence was born on March 15, 1891, in San Francisco, California, and educated in the public schools, including Mastick Grammar School (class of 1904) and Alameda High School.[2][3] In 1913, he graduated from Stanford University with a B.A. degree in pre-legal studies.[4] He continued his studies at Stanford Law School, graduating in 1915 with a LL.B. degree, was admitted to the California bar, and entered private practice.[5]
In 1920, Spence was elected as a Republican Assemblyman from Oakland's 35th district in the California State Assembly,[6] and in January 1925 his name was considered for the position of speaker of the house.[7][8] Afterwards, he served as private secretary to Governor C. C. Young, accompanying him on a fishing trip to the Yosemite Valley in June 1927.[9][10] On October 3, 1927, when Spence was ready to depart the governor's office, Young appointed Spence to a seat on the Alameda County Superior Court.[10][11][12] In September 1928, Spence ran unopposed and was elected to a new term on the superior court.[13]
In March 1930, Governor Young elevated Spence to the Court of Appeal.[14] In September 1930, during the next election, Spence successfully ran for a seat on the Court of Appeal, First District, with an unexpired term ending January 1933, winning over Frank Deasy, presiding judge of the San Francisco Municipal Court.[15][16][17]
In December 1944, Governor Earl Warren appointed Spence as an associate justice of the California Supreme Court,[18] and he began his term on January 2, 1945. Spence replaced Jesse W. Curtis Sr., who retired in December 1944.[19][20] In November 1950, Spence successfully ran for re-election.[21] While on the court, Spence was one of three Justices joining in dissent from the holding in Perez v. Sharp,[22] in which the court held by a vote of 4 to 3 that interracial bans on marriage violated the Fourteenth Amendment to the United States Constitution and therefore were illegal in California.[23] On June 1, 1960, Spence resigned from the high court and in his place Governor Pat Brown appointed Maurice T. Dooling Jr.[24]
Spence died on July 1, 1973, in Oakland.
On November 15, 1952, Spence married Frances Davie Horton, a widow in San Francisco.[25]