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.

Document by Date

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November 12, 1953

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November 13, 1953

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December 29, 1953

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February 18, 1954

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March 2, 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 the age of 71

 

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)

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