Lee v. Superior Court

Approximately 10 years ago, the California Supreme Court publicly censured a superior court judge for his use of racial epithets, including the word “nigger.” (In re Stevens (1982) 31 Cal.3d 403, 404 [ 645 P.2d 99 ].) Ironically, today, we are compelled to rule upon an African-American’s request for court authorization to change his name to “Misteri Nigger.” As we shall explain, the judiciary should not lend the Great Seal of the State of California to aid appellant in his social experiment. The proposed surname is commonly considered to be a racial epithet and has the potential to be a “fighting word.” Appellant has the common law right to use whatever name he chooses. He may conduct whatever social experiment he chooses. However, he has no statutory right to require the State of California to participate therein.

Russell Lawrence Lee appeals from an order denying an application for court approval to change his name from Russell Lawrence Lee to “Misteri Nigger.” (Code Civ. Proc., §§ 1275,1278.) At oral argument, appellant said that the second “i” in Misteri is silent and that the proposed name is pronounced “Mister Nigger.” Appellant has not demonstrated that the trial…