Robert Walker Kenny
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Robert Walker Kenny (August 21, 1901 – July 20, 1976), 21st Attorney General of California (1943-1947), was "a colorful figure in state politics for many years" who in 1946 ran unsuccessfully against
Earl Warren Earl Warren (March 19, 1891 – July 9, 1974) was an American attorney, politician, and jurist who served as the 14th Chief Justice of the United States from 1953 to 1969. The Warren Court presided over a major shift in American constitution ...
for state governor (a race in which Warren won both Republican and Democratic nominations). In 1947, he led the defense of the Hollywood Ten.


Background

Robert Walker Kenny was born on August 21, 1901, in Los Angeles, California. His mother was Minnie Summerfield. His father, Robert Wolfenden Kenny (1863-1914) was a successful banker and civic leader in Los Angeles and
Berkeley Berkeley most often refers to: *Berkeley, California, a city in the United States **University of California, Berkeley, a public university in Berkeley, California * George Berkeley (1685–1753), Anglo-Irish philosopher Berkeley may also refer ...
, California. Kenny's grandfather, George L. Kenny, arrived in San Francisco in the early 1850s with his friends, the brothers A.L. Bancroft and Hubert Howe Bancroft. The three men formed a partnership and established the first bookstore in San Francisco. In 1921, Kenny graduated at 18 from
Stanford University Stanford University, officially Leland Stanford Junior University, is a private research university in Stanford, California. The campus occupies , among the largest in the United States, and enrolls over 17,000 students. Stanford is consider ...
.


Career


Press

In 1921, Kenny joined the '' Los Angeles Times'', where he worked with
Chapin Hall Chapin Hall (July 12, 1816 – September 12, 1879) was a Republican United States Representative from Pennsylvania. He served as Representative from 1859 until 1861. Biographer Chapin Hall was born in Busti, New York. He attended the commo ...
, and eventually became a financial editor there. In 1922, he joined United Press news service. He then worked for the '' Chicago Tribune'' in Paris. In 1923, he returned to Los Angeles and worked for ''United News''. He then opened his own press service with Ted Taylor, called the Los Angeles Press Service, while also working the for the '' Los Angeles Express''. After studying law privately, in 1926 he passed a civil service examination and was admitted to the state bar.


California government service

In 1927, Kenny began working in the
Los Angeles County Los Angeles County, officially the County of Los Angeles, and sometimes abbreviated as L.A. County, is the most populous county in the United States and in the U.S. state of California, with 9,861,224 residents estimated as of 2022. It is the ...
counsel's office as "Deputy of the County Counsel." In 1929, he joined the state legislature. In 1930, Kenny supported James Rolph Jr., who became California governor, and received an appointment as judge to the Los Angeles Municipal Court, followed by promotion to the Los Angeles Superior Court. In 1934, he won an election and became municipal judge for small claims court. He then became a judge in the law and motion court. At some time in the 1930s, Kenny became a
Democrat Democrat, Democrats, or Democratic may refer to: Politics *A proponent of democracy, or democratic government; a form of government involving rule by the people. *A member of a Democratic Party: **Democratic Party (United States) (D) **Democratic ...
. He was an early advocate for civil rights in California. He restructured the
California Department of Justice The California Department of Justice is a statewide investigative law enforcement agency and legal department of the California executive branch under the elected leadership of the California Attorney General (AG) which carries out complex cri ...
(DOJ) to be similar to the United States Department of Justice; for example, he transferred the California DOJ main office from San Francisco closer to the state legislature in Sacramento, and created
civil service The civil service is a collective term for a sector of government composed mainly of career civil servants hired on professional merit rather than appointed or elected, whose institutional tenure typically survives transitions of political leaders ...
positions instead of political appointments within the California DOJ. He also was instrumental in abolishing the legal existence of the
Ku Klux Klan The Ku Klux Klan (), commonly shortened to the KKK or the Klan, is an American white supremacist, right-wing terrorist, and hate group whose primary targets are African Americans, Jews, Latinos, Asian Americans, Native Americans, and ...
in California. Kenny also served as a Municipal Court Judge and later a
Superior Court In common law systems, a superior court is a court of general jurisdiction over civil and criminal legal cases. A superior court is "superior" in relation to a court with limited jurisdiction (see small claims court), which is restricted to civil ...
Judge in Los Angeles, California. He served in the
California State Senate The California State Senate is the upper house of the California State Legislature, the lower house being the California State Assembly. The State Senate convenes, along with the State Assembly, at the California State Capitol in Sacramento, Cal ...
from 1939 to 1943.


Private practice

Kenny resigned his judgeship. In 1939, he dissolved a law partnership with Paul Vallee and Lawrence Beilensen. He set up a new partnership with Morris E. Cohen, which lasted until 1948. Robert O. Curran joined the firm but left to fight in World War II; Robert S. Morris replaced him. Clients included William Schneiderman, head of the California section of the
Communist Party USA The Communist Party USA, officially the Communist Party of the United States of America (CPUSA), is a communist party in the United States which was established in 1919 after a split in the Socialist Party of America following the Russian Revo ...
; Kenny helped him with citizenship papers in 1940, a case he lost but which Wendell Willkie helped win on appeal in 1943.


Attorney General of California

In 1942, Kenny was elected
Attorney General In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have exec ...
of California, beating
Louis H. Burke Louis Harry Burke (January 4, 1905 – April 28, 1986) was an American lawyer who served as Associate Justice of the Supreme Court of California from November 20, 1964, to November 30, 1974. Early life and education Burke was born in Montebello, ...
, and served one term to 1947. Under Kenny in this period,
Robert B. Powers Robert B. Powers, (October 3, 1900 – December 3, 1976) was a prominent police officer in the history of California, first as Chief of Police in Bakersfield, California (1933–1945) and as the chief enforcement officer at the state level (1944– ...
worked as "coordinator of law enforcement agencies". In 1946, Kenny sought the Democratic nomination for Governor, but was defeated by
Earl Warren Earl Warren (March 19, 1891 – July 9, 1974) was an American attorney, politician, and jurist who served as the 14th Chief Justice of the United States from 1953 to 1969. The Warren Court presided over a major shift in American constitution ...
. Although Warren was a Republican, California law at that time permitted a candidate to run in both primaries, a practice known as cross-filing. Warren also won the Republican nomination that year and went on to score an easy general election victory.


NLG, Hollywood Ten, and HUAC

In 1937, he supported
Franklin Delano Roosevelt Franklin Delano Roosevelt (; ; January 30, 1882April 12, 1945), often referred to by his initials FDR, was an American politician and attorney who served as the 32nd president of the United States from 1933 until his death in 1945. As the ...
's attempt at "court-packing" of the United States Supreme Court in FDR's Judicial Procedures Reform Bill of 1937. "Out of that battle grew the National Lawyers Guild" (NLG), wrote the '' New York Times'' in 1976 at Kenny's death. On February 22, 1937, when the NLG formed, Kenny was a founding member. In 1940, Kenny became national resident of the NLG through 1948. As NLG state president, he became involved in the aftermath of the Zoot Suit Riots.My first forty years in California politics, 1922-1962 oral history transcript
Robert W. Kenny
(Kenny was also a member of the NLG's predecessor, the International Juridical Association. ) In May 1945, while still attorney general Kenny accompanied
Bartley Crum Bartley Crum (November 28, 1900 – December 9, 1959) was an American lawyer who became prominent as a member of the Anglo-American Committee of Inquiry, his book on that experience, and for defending targets of HUAC, particularly the Hollywood ...
and Martin Popper to the founding session of the United Nations in San Francisco, where they appeared as National Lawyer Guild "official' consultants to the American delegation at the behest of the United States Department of State. In 1946, Kenny returned to private practice. In 1947, NLG members Charles Katz and
Ben Margolis Ben Margolis (April 23, 1910 – January 27, 1999) was an American attorney, best known for defending the Hollywood Ten and the Sleepy Lagoon murder suspects and for helping to draft the United Nations Charter. Career Margolis had a law partn ...
asked Kenny to become lead counsel and Crum his second for the "Unfriendly Nineteen" subpoenaed to testify before the
House Un-American Activities Committee The House Committee on Un-American Activities (HCUA), popularly dubbed the House Un-American Activities Committee (HUAC), was an investigative committee of the United States House of Representatives, created in 1938 to investigate alleged disloy ...
(HUAC) in October 1947. Later, NLG members Martin Popper of Washington and constitutional Sam Rosenwein of New York supported the team. Only ten people wound up testifying, all cited for contempt of Congress, and so became the Hollywood Ten.


Later life

In 1948, Kenny and Robert S. Morris formed a new law partnership. In the 1940s and 1950s, they represented "many people under indictment for questionable activities." Clients included Luisa Moreno Bemis, Guatemalan labor activist, many "unfriendly" witnesses (including the Hollywood Ten) before HUAC in Los Angeles in 1952, as well as musicians before HUAC in 1956. Kenny was a member of the American Committee for the Protection of Foreign Born. Partner Robert S. Morris was a member of the Immigration and Deportation Committee in the Los Angeles chapter of the American Civil Liberties Union (ACLU). In 1950, Kenny ran for California state senator against Glenn Anderson and
Jack Tenney Jack Breckinridge Tenney (April 1, 1898 – November 4, 1970) was an American politician who was noted for leading anti-communist investigations in California in the 1940s and early 1950s as head of the California Senate Factfinding Subcommittee ...
for the Democratic nomination; Tenney won. The same year, he ran for Los Angeles mayor;
Fletcher Bowron Fletcher Bowron (August 13, 1887 – September 11, 1968) was an American lawyer, judge, and politician. He was the 35th mayor of Los Angeles, California, from September 26, 1938, until June 30, 1953. He was at the time the city's longest-serving ...
won in a recall. In 1957, he was one of the lawyers who helped 23 Hollywood screenwriters and actors win a Supreme Court review of their challenge of the Hollywood blacklist. In 1960, Kenny was treasurer of the National Committee to Abolish the
House Un-American Activities Committee The House Committee on Un-American Activities (HCUA), popularly dubbed the House Un-American Activities Committee (HUAC), was an investigative committee of the United States House of Representatives, created in 1938 to investigate alleged disloy ...
( NCA-HUAC). In 1962, Kenny served as counsel of Albert J. Lewis and Steve Roberts of the
Fair Play for Cuba Committee The Fair Play for Cuba Committee (FPCC) was an activist group set up in New York City by Robert Taber in April 1960. History The FPCC's purpose was to provide grassroots support for the Cuban Revolution against attacks by the United States govern ...
before HUAC. In 1963, the ''Congressional Record'' re-recorded information from October 26, 1955, that "public records, files, and publications of this committee" (HUAC) showed Kenny "not necessarily a
Communist Communism (from Latin la, communis, lit=common, universal, label=none) is a far-left sociopolitical, philosophical, and economic ideology and current within the socialist movement whose goal is the establishment of a communist society, a s ...
, a Communist sympathizer, or a fellow traveller" but noted nevertheless that he was affiliated with the American Youth for Democracy, Civil Rights Congress,
Joint Anti-Fascist Refugee Committee Joint Anti-Fascist Refugee Committee (JAFRC) was a nonprofit organization to provide humanitarian aid to refugees of the Spanish Civil War. History In 1941, the Joint Anti-Fascist Refugee Committee was formed by Lincoln Battalion veterans of t ...
, and California Labor School. In 1966, California Governor Edmund G. Brown appointed Kenny again a state judge. In 1975, he retired from the bench.


Personal life and death

In 1922, Kenny married Sara McCann; she died in 1966. In the 1930s, Kenny was a "liberal Republican." Robert Walter Kenny died age 74 on July 20, 1976, at Scripps Memorial Hospital in
La Jolla, California La Jolla ( , ) is a hilly, seaside neighborhood within the city of San Diego, California, United States, occupying of curving coastline along the Pacific Ocean. The population reported in the 2010 census was 46,781. La Jolla is surrounded on ...
with no survivors.


Legacy

In 2012, the National Lawyers Guild remembered Kenny as follows:
That the Guild survived the splits in the late '30s and repression of the '50s is primarily a testament to the loyalty, bravery and commitment to principle of two allied but disparate groups. One was made up of communist and socialist activists... The other was a group of dedicated civil libertarians who were unwilling to compromise their principles to curry favor with either the Roosevelt Administration or the Truman and Eisenhower Administrations. Nor would they refuse to work with Communists. But these lawyers were not communists, and steered the Guild in an independent, radical direction. Robert W Kenny, a California State Senator who became President of the Guild in 1940 at a moment of grave internal crisis, disregarding the risks to his political future, and remaining President for eight important years, was a key member of this group.


Works

* ''The Law of Freedom in a Platform'' by Gerrard Winstanley, edited by Robert W. Kenny (1973)


See also

* California Attorney General * National Lawyers Guild * Hollywood blacklist * Hollywood Ten *
Bartley Crum Bartley Crum (November 28, 1900 – December 9, 1959) was an American lawyer who became prominent as a member of the Anglo-American Committee of Inquiry, his book on that experience, and for defending targets of HUAC, particularly the Hollywood ...
* William Schneiderman


References


External links


Critical Past - Kenny and Crum ask HUAC to stop hearings (1947)Guide to the Robert Walker Kenny Papers
at
The Bancroft Library The Bancroft Library in the center of the campus of the University of California, Berkeley, is the university's primary special-collections library. It was acquired from its founder, Hubert Howe Bancroft, in 1905, with the proviso that it retai ...

Kenny biography
from State of California Department of Justice Office of the Attorney General
Robert Walker Kenny Papers
The Bancroft Library The Bancroft Library in the center of the campus of the University of California, Berkeley, is the university's primary special-collections library. It was acquired from its founder, Hubert Howe Bancroft, in 1905, with the proviso that it retai ...

Photo of William E. MacFaden and Robert W. Kenny (1934)

Stanford University
Warner v. Kenny

Kenny, Robert W. (Robert Walker), 1901-1976
Image of Zola Vredenburgh watching Judge Robert Kenny playing chess against Judge Wilbur Curtis, Los Angeles, 1934.
Los Angeles Times Photographic Archive (Collection 1429). UCLA Library Special Collections, Charles E. Young Research Library, University of California, Los Angeles.
Robert W. Kenny
{{DEFAULTSORT:Kenny, Robert W Democratic Party California state senators California state court judges California Attorneys General 1901 births 1976 deaths 20th-century American judges 20th-century American politicians Stanford University alumni