By Greg Mitchell

Morio Fukuto is an unremarkable judge on an unremarkable panel. At the time this profile was written, the Second District's Division Two had the lowest publication rate of any four-judge panel in the state, and Fukuto is one of the main reasons. He published only 15 opinions between October 1996 and October 1998, including a 51/2-month stretch with none. Eight of the 15 began as unpublished opinions, and were certified for publication only after parties or amici curiae asked the court to do so. It appears Fukuto sees himself more as a resolver of disputes than a creator of law. His Division Two is good at the former; it's one of the speedier divisions on the Second District, with a median 90 days from briefing to decision in civil appeals, 66 in criminal cases, according to statistics available in October, 1998.

Fukuto's opinions are simple and straightforward; they seldom generate dissents or Supreme Court review. In Vu v. California Commerce Club, 97 C.D.O.S. 7923, he was handed a case that some jurists would have a field day with: A television personality alleged that he had lost more than $1 million gambling at a card club because the club had failed to prevent cheating by the other players. Fukuto played it straight: "Assuming arguendo that an adequate causal connection could be established between the club's alleged breach of security obligations and the cheating that plaintiffs allegedly encountered, no such relationship appears between the cheating and plaintiffs' losses."

In another case, he showed independence in rejecting DA Gil Garcetti's attempt at forum shopping for motions to suppress evidence.

Described as a quiet individual, Fukuto endured a personal tragedy several years ago when his son was killed in a shootout with police officers.

POLITICAL CONTRIBUTIONS: Fukuto gave $350 to George Nakano's campaign for the state Senate between 1992 and 1994.