In Memoriam: Associate Justice Howard B. Wiener

Former Associate Justice Howard B. Wiener of the Fourth District Court of Appeal, Division One, passed away on March 20, 2026. Justice Wiener was born in Providence, Rhode Island on February 1, 1931, attending public schools there. He graduated from Brown University in 1952 with a bachelor of arts degree in philosophy. Three years later, he obtained his law degree from Harvard University Law School.

Following graduation from law school, Justice Wiener and his wife Joan moved to California, where he served as a law clerk to U.S. District Court Judge Benjamin Harrison in Los Angeles from 1955 to 1956. He was admitted to the California Bar in January 1956. During the next 20 years, he practiced law in a small firm in West Covina, handling all types of cases. He was also active in the legal community, serving as President of the Pomona Valley Bar Association in 1968, on the Board of Trustees of the Los Angeles County Bar Association from 1969 to 1971, and on the State Bar Board of Governors from 1972 to 1975 (Vice President, 1974-1975).

On July 25, 1975, Governor Edmund G. Brown, Jr. appointed him to the San Bernardino County Superior Court. Roughly three years later in May 1978, the Governor selected him to be an Associate Justice on Division One of the Court of Appeal, Fourth Appellate District in San Diego. Over the next 15 years, Justice Wiener became known for clear and thoughtful opinions that adapted and applied legal principles to compassionately serve the interests of people from all walks of life.

Despite practicing law in Los Angeles and the Inland Empire, Justice Wiener quickly became active in the San Diego legal community, serving as President of the William B. Enright American Inn of Court from 1991 to 1993 and later as one of its four distinguished emeritus members. In 2018 he was honored by all five San Diego Inn of Court chapters with the second-ever lifetime achievement award. A vocal advocate for education at every level and a mentor for many younger lawyers, Justice Wiener was an adjunct professor at the University of San Diego (USD) School of Law (1979-1986) and California Western School of Law (1986-1994), teaching professional responsibility and appellate advocacy respectively. He also served as Chair of the Board of Visitors at USD Law School. In 1982 he obtained a Master of Laws Degree in judicial process from the University of Virginia Law School.

Justice Wiener retired from the Court on December 31, 1993. Beginning in 1994, he was actively engaged in private dispute resolution, serving in more than 1,700 cases as a mediator, arbitrator and private judge. He is co-author with Jon B. Eisenberg and Ellis J. Horvitz of the California Civil Practice Guide, Civil Appeals and Writs, published by The Rutter Group. In 2007, he was interviewed for the California Appellate Courts Legacy Project. The interview is available at California Appellate Court Legacy Project | District Courts of Appeal.

Justice Wiener was preceded by his wife Joan, and is survived by his son Daniel, daughters Anne and Carrie, five grandchildren, and nine great-grandchildren.