Retired 1st District Court of Appeal Justice Harry W. Low died Dec. 9 Retired 1st District Court of Appeal Justice Harry W. Low, the first Chinese American judge in Northern California and a trailblazer in California's legal community and in the Chinese American community, died Dec. 9. He was 91.
Friends and colleagues called Low the embodiment of what it means to be wise and kind. He was always generous to young lawyers with his time and insights, they said. He seamlessly navigated different communities and parties and was often the person called upon to sort through difficult issues.
Low served as president of the San Francisco Human Rights Commission and the San Francisco Police Commission. When the state insurance commissioner left office in disgrace, he stepped in to fill the job.
"When the bell rings, I generally respond," he told the Daily Journal in 2013.
After retiring from the bench in 1992, Low joined JAMS as a neutral.
"Harry Low handled difficult challenges at every step of his career, including racism, political acrimony and the many challenging disputes that he helped to resolve as a mediator," JAMS CEO Chris Poole wrote in an email.
"He transcended greatness because he conducted himself with humility, fairness and flair while - in his own words - having to work harder than the next person in order to overcome bias and skepticism," Poole added.
Born in Oakdale, near Modesto, on March 12, 1931, Low spent his entire life living in the Bay Area. He began his career after graduating from UC Berkeley School of Law in 1955. The law school at the time bore the name of John Henry Boalt. His name was removed from the school in January 2020 over racist statements he made about Chinese immigrants and his support of the Chinese Exclusion Act of 1882.
Low was one of five Asian Americans who passed the California Bar Exam in 1955. He went to work for the California Department of Justice after law school. In 1966, Gov. Edmund G. Brown appointed Low to the San Francisco Municipal Court.
Gov. Ronald Reagan elevated Low to the Superior Court in 1974 and Gov. Jerry Brown appointed him to the 1st District Court of Appeal in 1982. He was named presiding justice of Division 5 of the 1st District in 1986, a position from which he retired in 1992. Cedric Chao of Chao ADR PC called Low a pioneer who moved effortlessly between the Asian American community and the legal and judicial community.
"No matter what happened, Justice Low was invariably thoughtful and dignified," Chao said.
Low mediated a dispute between the largest Hong Kong based Chinese language newspaper, Chao's client, and its Taiwan based competitor. "Justice Low was the only mediator the parties could agree upon, which illustrates his standing in the Chinese community. He succeeded in settling the suit," Chao recalled.
JAMS neutral Bruce A. Edwards said Low was as modest as he was fierce.
"I worked with Justice Low for almost 30 years at JAMS. It wasn't until I interviewed him on camera several years ago that I fully appreciated the story behind the man," Edwards said. "He was a consummate gentleman and skilled mediator. Yet his life journey was also an inspiration to so many."
In 1988, Low blasted lawyers and other professionals for their use of the term "Chinese wall". He wrote a concurring opinion specifically to express his objection to the use of the term, calling it a "piece of legal flotsam which should be emphatically abandoned." He suggested "ethics wall" was a more suitable alternative - an opinion that is now widely accepted among professionals. Peat, Marwick, Mitchel & Co. v. Superior Court, (1988) 200 Cal. App. 3d 272.
In 1994, Low was a co-executive producer with Dianne Fukami on the documentary, "Separate Lives, Broken Dreams: A Saga of Chinese Immigration," which won a local Emmy and was nominated for a national award. The production explores the Chinese Exclusion Act of 1882, which denied Chinese laborers and their families entry into America and U.S. citizenship by naturalization. Producer Yvonne Lee said "Harry's national standing and reputation as a fair and open minded jurist and scholar, and a principled community leader held with the highest integrity" was a great benefit to the project.
"He was always there to advocate and support for the greater good of his community - legal, Asian American," she said. Low is survived by his wife of 69 years, Mayling Low, their daughter Kathy and sons Lawrence B. "Larry" Low, a partner emeritus at Orrick, Herrington & Sutcliffe LLP, and Allan E. Low, a real estate partner at Perkins Coie LLP.
"Despite the barriers of those times, Dad became a lawyer and a judge and proved that he belonged and excelled in the courtroom," Allan Low said in an email.
"He never forgot the importance of being the first Chinese American judge in Northern California and opened many doors for Asian American attorneys and judges," Allan Low added. "He loved the law and being a judge and neutral arbitrator and mediator and worked for as long as he could. Dad had a keen sense of fairness and justice and was thrilled by the resolution of disputes.
"Dad would joke that I was not a real lawyer because I never went to court," Allan Low continued. "He had a tremendous influence on my legal career being a father of advice, counseling, guidance, support, and immediate critical feedback to keep me humble and grounded. And, it was Dad's lifetime of work in the community that inspired me and keeps me committed to the advocacy for the community."
Larry Low is chief operating officer of Ascend, a nonprofit organization devoted to helping Pan-Asian professionals to become catalysts for workplace and society change. The work builds on his father's legacy, he said.
"Dad's commitment to his community was unwavering and is very much part of the makeup of my brother and I," Larry Low said. "I would point out that the barriers of his times were not only discrimination that were social norms but there were actual laws that permitted that discrimination and Dad fought to make the changes that leveled the playing field."
"His commitment to his community has lifted many to make contributions that have had genuine impact," Larry Low added.
The family asked that donations be made in Low's memory to: AABA Law Foundation, P.O. Box 387, San Francisco, CA 94104 or at https://www.aaba-bay.com/aaba-foundation/donate.
Douglas Saunders Sr.
douglas_saunders@dailyjournal.com
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