The Judicial Branch of Arizona, Maricopa County
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Heard vs. Davis : Superior Court of Arizona in Maricopa County, No. 77497
Judge Charles C. Bernstein (1904-1976)
Charles C. Bernstein, the first Jewish judge in Arizona history, achieved a national reputation as a
juvenile court judge. He ended barefoot desert marches that were used to punish juvenile offenders at Fort
Grant, and served on the Awards Jury for the 1968 Freedom Foundation national and school awards. Judge
Bernstein also applied the Kent Decree, a source of basic water law in Arizona, to farmland in Maricopa
County, and called the first grand jury in Arizona. He served as chairman of the Charter Review Committee
that organized the charter government reform movement in Phoenix.
On May 5, 1954, Judge Bernstein ruled that segregation of African-American students in Phoenix's Wilson Elementary School District was a violation of the 14th Amendment. The case was Heard vs. Davis. At the time, the U.S. Supreme Court was preparing to decide Brown v. Board of Education, and the Supreme Court requested a copy of Judge Bernstein's opinion. On May 17, 1954, the Supreme Court announced its decision in Brown, that the doctrine of "separate, but equal" was unconstitutional.
References:
On May 5, 1954, Judge Bernstein ruled that segregation of African-American students in Phoenix's Wilson Elementary School District was a violation of the 14th Amendment. The case was Heard vs. Davis. At the time, the U.S. Supreme Court was preparing to decide Brown v. Board of Education, and the Supreme Court requested a copy of Judge Bernstein's opinion. On May 17, 1954, the Supreme Court announced its decision in Brown, that the doctrine of "separate, but equal" was unconstitutional.
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| Document | Date | Type |
|---|---|---|
| Complaint | November 12, 1953 | |
| Request for the Appointment of a Private Process Server | November 12, 1953 | |
| Summons | November 13, 1953 | |
| Affidavit of Services of Process of Private Person | November 13, 1953 | |
| Answer | December 29, 1953 | |
| Plaintiffs Motion for Summary Judgment | January 28, 1954 | |
| Defendants Motion for Summary Judgment | February 18, 1954 | |
| Stipulation | February 18, 1954 | |
| Letter | March 2, 1954 | |
| Plaintiffs Memorandum in Support of Motion for Summary Judgment | March 22, 1954 | |
| Plaintiffs Reply Memorandum | April 26, 1954 | |
| Memorandum Opinion | May 5, 1954 | |
| Judgment and Order | May 13, 1954 |
| Significant Dates in Judge Bernstein's Career | |
|---|---|
| 1904 | Born, June 2, in St. Louis, Missouri |
| 1929 | Received LL.B. from Southwestern University, Los Angeles |
| 1930 | Admitted to Arizona Bar |
| 1937-1939 | Served as Assistant Attorney General for Arizona |
| 1940 & 1944 | Delegate to the Democratic National Convention |
| 1946-1948 | Secretary of the Democratic State Central Committee |
| 1949-1958 | Appointed and served as Superior Court Judge |
| 1954 | Ruled that segregation of black pupils violated the Constitution |
| 1958 | Elected to Arizona Supreme Court |
| 1959-1969 | Served on Arizona Supreme Court |
| 1976 | Died in Phoenix, April 29, at age of 71 |
| 1904 | Born, June 2, in St. Louis, Missouri |
References:
- Boone, Linda C. "The Days of 'Haze': A Personal Journey Down the Back Road To Brown v. Board of Education." 36 Arizona Attorney 38 (March 2000).
- Superior Court in Arizona, 1912-1984: A History of the Court in Each County Since Statehood.
[Phoenix, AZ]: The Arizona Supreme Court, 1985 - Treadwell-Rubin, Pamela. "A Blessing of 'Firsts'." 40 Arizona Attorney 6 (January 2004)
- Zarbin, Earl. The Bench and the Bar: A History of Maricopa County's Legal Professions. Chatsworth, CA: Windsor Publications, 1991 (Photo, p.65)
