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Robert Gardner, 93; Colorful Judge Was Known for Witty Writings on the Law and Bodysurfing

LA Times
Robert Gardner, a colorful, bodysurfing judge who became as known for his witty writing as for the no-nonsense justice he dispensed for more than half a century on court benches from Newport Beach to American Samoa, has died. He was 93.

Gardner died Saturday in his sleep at his home in Corona del Mar, said his daughter, Nancy Gardner. She said he had been in declining health for the past year and died of natural causes related to aging.

When Gardner sat on the state appellate court, his written opinions attracted a statewide following.

The University of Santa Clara Law Review, which sometimes reprinted his pithy remarks under the title “A Gallery of Gardner,” cited his 1973 caution to lawyers and judges that jurors’ ability to weigh all evidence must be respected.

“A juror is not some kind of dithering nincompoop,” Gardner wrote, “brought in from never-never land and exposed to the harsh realities of life for the first time in a jury box.”

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