You're going to see members of the California Courts of Appeal on the November ballot in Los Angeles and Orange counties. While you don’t have to decide between candidates in these races, voting for the state’s second-highest court is important because it often involves a slate of new justices.
Why do we vote for appellate court justices?
Elections for appellate courts work differently than when you vote for county judges. Candidates don’t run against each other to become justices. Instead, voters are asked whether to keep sitting justices in their posts. These nonpartisan races are called retention elections, which are fairly common in the U.S.
In California, appellate court justices are first appointed by the governor and then subject to approval by the Commission on Judicial Appointments. Newly confirmed justices have to face voters at the next gubernatorial election and when they want another term.
Retention elections are “yes” or “no” questions on whether you want to keep a justice on the bench.
“ The idea behind a retention election was supposed to be this was the people’s opportunity to vote out somebody who’s bad at their job,” said Bill Raftery, a senior analyst with the National Center for State Courts.
Sitting justices are nearly always reelected. In California, Raftery said voters once removed three members of the state Supreme Court in 1986 over the death penalty. However, no California appellate court justice has lost a retention election since the system began in the 1930s, according to a state analysis.
Lots of people have questioned whether it’s a good idea to elect our judiciary because of concerns that it politicizes the roles. Efforts to stop doing so have failed. Last year, a state assemblymember introduced an amendment to scale back voting here, but the measure, ACA 8, was gutted and turned into California’s high-profile redistricting bill.
What does an appellate court justice do?
- When an appellate court agrees to review a case, the justices’ job is to act as a second set of eyes for mistakes. California has 106 justices who process tens of thousands of cases in a fiscal year.
- They’re tasked with making sure lower courts interpret the law correctly and follow procedure.
- Justices serve on three-member panels and vote on whether lower court decisions should be upheld, reversed or changed.
- They can also hear certain new cases that aren’t appeals, like requests to intervene in how a lower court operates.
- Justices can also review decisions from the Workers’ Compensation Appeals Board, the Agricultural Labor Relations Board and the Public Employment Relations Board.
You’ll come across two job titles in these races: Associate Justice and Presiding Justice. A presiding justice handles the administrative side of the court, sets policies and essentially acts as a supervisor, in addition to reviewing cases with associate justices. When a new appellate court justice needs to be appointed, the presiding justice in that district takes part in the approval process.
Some things appellate court justices don’t do
- Justices do not retry cases — that means they don’t hear live testimony, reassess witnesses’ credibility or facts, or accept new evidence.
- They don’t review appeals for civil cases involving under $35,000, traffic infractions or criminal misdemeanors.
- Justices do not review death penalty appeals. Those decisions rest with the California Supreme Court.
Fast facts
- An appellate court justice’s term is 12 years, but new justices may actually serve less time on their first go-round if they take over a predecessor's term. There are no term limits.
- Technically, the only requirement for being a justice is to have at least 10 years practicing law in California or working as a judge in the state — but all nominees get formally evaluated.
- The California Courts of Appeal are split into six districts, but some are split even further into divisions that handle reviews from specific counties.
- California voters vote on justices by district — not division — so you technically get to vote on members who may not be involved in a case in which you are a party.
What’s at stake?
Compared to county courts, these offices have a small number of seats on the bench. Most districts or divisions consist of three to four justices. Here’s where you can see who’s on your bench in L.A. and Orange counties.
It’s rare for a justice to lose a seat, so your vote here is largely about sending a signal on whether you support what they’ve done.
More voter resources
- ‘Opinions’ (Judicial Council of California): This is a free lookup where you can read the California Courts of Appeal’s decisions.
- Appellate Court Primer (Los Angeles County Bar Association): Helpful background on how the California Courts of Appeal work.
The candidates
Between L.A. and Orange counties, 33 candidates want to be on the Courts of Appeal. We’ve included their names, current job titles and bios, as available. All but one person is a current justice.
San Diego County Superior Court judge Lisa Rodriguez was recently confirmed to replace a justice who’s retiring at the end of his term. If voters retain her, Rodriguez would begin her 12-year service in January.
The names below appear in the same order as the certified list of candidates.
Los Angeles County (Second Appellate District)
This district covers Los Angeles, San Luis Obispo, Santa Barbara and Ventura counties.
Michelle C. Kim
Associate justice
Gregory J. Weingart
Associate justice
Steve Goorvitch
Associate justice
Anne Richardson
Associate justice
Rashida A. Adams
Presiding justice
Mark Hanasono
Associate justice
Helen Zukin
Presiding justice
Audra M. Mori
Associate justice
Nicholas Daum
Associate justice
Armen Tamzarian
Associate justice
Brian M. Hoffstadt
Presiding justice
Tari L. Cody
Presiding justice
Kenneth R. Yegan
Associate justice
Gonzalo C. Martinez
Presiding justice
Natalie Stone
Associate justice
John Wiley
Associate justice
Matthew A. Scherb
Associate justice
Victor G. Viramontes
Associate justice
Orange County (Fourth Appellate District)
This district covers Orange, Imperial, Inyo, Riverside, San Bernardino and San Diego counties.
Eran M. Bermudez
Associate justice
Jose S. Castillo
Associate justice
Truc T. Do
Associate justice
Lisa Rodriguez
San Diego County Superior Court judge
- Rodriguez was recently appointed to the bench as an associate justice, with her term slated to start in January. She does not have a Courts of Appeal page yet, but you can learn more about her history here.
David M. Rubin
Associate justice
William S. Dato
Associate justice
Julia C. Kelety
Associate justice
Corey G. Lee
Associate justice
Michael J. Raphael
Associate justice
Joanne Motoike
Presiding justice
Nathan R. Scott
Associate justice
Juliet O. Macaulay
Associate justice
Martha K. Gooding
Associate justice
Thomas A. Delaney
Associate justice
Deborah C. Servino
Associate justice