California Fifth District Court of Appeal
The California Fifth District Court of Appeal is one of six courts of appeal in California. Created in 1961, it covers nine counties located in central California: Fresno, Kern, Kings, Madera, Mariposa, Merced, Stanislaus, Tulare and Tuolumne. The court conducts most hearings in downtown Fresno.[1][2]
The Fifth District consists of 10 justices. Justices sit in three panels of three justices and rotate among them, with each panel taking about 18 cases each month.[2]
- Published opinions of the Fifth District Court of Appeal can be found here.
| California Fifth District Court of Appeal | |||
 | |||
| Court information | |||
| Judges: | 10 | ||
| Founded: | 1905 | ||
| Salary: | Associates: $272,902[3] | ||
| Judicial selection | |||
| Method: | Gubernatorial appointment | ||
| Term: | 12 years | ||
Justices
| Judge | Tenure | Appointed By |
|---|---|---|
|
2018 - Present |
Jerry Brown |
|
|
2014 - Present |
Jerry Brown |
|
|
2010 - Present |
Arnold Schwarzenegger |
|
|
2006 - Present |
Arnold Schwarzenegger |
|
|
2009 - Present |
Arnold Schwarzenegger |
|
|
2010 - Present |
Arnold Schwarzenegger |
|
|
August 5, 1997 - Present |
Pete Wilson |
|
|
2012 - Present |
Jerry Brown |
|
|
2017 - Present |
Jerry Brown |
|
|
2018 - Present |
Jerry Brown |
To access a list of justices, click here.
Judicial selection
- See also: Judicial selection in California
The 106 judges of the California Courts of Appeal are appointed by the governor and confirmed by the Commission on Judicial Appointments. The state bar's Commission on Judicial Nominee Evaluation—also known as the "Jenny Commission"—is required to perform an extensive investigation on prospective appointees. The commission recommends candidates to the governor after examining their qualifications and fitness, ranking them as exceptionally well qualified, well qualified, qualified, or not qualified. The commission is composed of attorneys and public members.[4][5] Although the governor is not bound to these recommendations, the Commission on Judicial Appointments can approve or veto the appointment by majority vote.[6]
Following confirmation from the Commission on Judicial Appointments, the appointed justice is sworn into office and is subject to voter approval at the next gubernatorial election. The appointed justice must be confirmed by voters via a yes-no retention election. According to the California Constitution, the term for a court of appeals justice is 12 years. If retained by the voters, the appointed justice remains in office but their term may depend on their predecessor's term. If the predecessor served part of their term before leaving office, the appointed justice would be retained to serve the remainder of their predecessor's term. This would be for either four or eight years. At the end of that term, the justice again must be confirmed by the voters at a gubernatorial election to begin a new 12-year term.[7][8] If a justice has been appointed to a seat where the predecessor's term would have expired the January 1 immediately after that November gubernatorial election, then the justice would serve a full 12-year term.[9]
Qualifications
To serve as a justice, a candidate must have practiced law for at least 10 years in California or served as a judge in California for at least 10 years.[9]
Presiding justice
The court uses the same process described above for selecting a presiding justice. The presiding justice for each district is chosen by the governor and is confirmed by the commission. In a court of appeals with more than one division, the chief justice of the supreme court may select a presiding justice to act as the administrative presiding justice. The administrative presiding justice serves for a period specified in the designation order. In a court of appeals with only one division, the presiding justice acts as the administrative presiding justice.[10]
Vacancies
Vacancies are filled by gubernatorial appointment. Appointed judges are required to participate in yes-no retention elections occurring at the time of the next gubernatorial race, which is held every four years.[11]
Salary
In 2024, the associate judges of the court received a salary of $272,902, according to the National Center for State Courts.[12]
Elections
2022
The terms of 43 California Courts of Appeal judges expired on January 2, 2023. The 43 seats are up for retention election on November 8, 2022.
Judges with expiring terms
Candidates and results
First District
California First District Court of Appeal retention elections, 2022 | |
|
|
| Office | Candidates |
| Division 2 |
 Therese M. Stewart (i) |
| Division 3 |
Carin Fujisaki (i) |
| Division 3 |
Ioana Petrou (i) |
| Division 3 |
Alison M. Tucher (i) |
| Division 3 |
Victor Rodriguez (i) |
| Division 4 |
Tracie L. Brown (i) |
| Division 4 |
Jeremy Goldman (i) |
| Division 5 |
Gordon Burns (i) |
| Division 5 |
Teri L. Jackson (i) |
Second District
California Second District Court of Appeal retention elections, 2022 | |
|
|
| Office | Candidates |
| Division 1 |
Frances Rothschild (i) |
| Division 2 |
Judith Ashmann-Gerst (i) |
| Division 3 |
Luis A. Lavin (i) |
| Division 4 |
Audrey Collins (i) |
| Division 4 |
Brian S. Currey (i) |
| Division 5 |
Lamar W. Baker (i) |
| Division 5 |
Laurence Rubin (i) |
| Division 6 |
Hernaldo Baltodano (i) |
| Division 7 |
John Segal (i) |
| Division 8 |
Elizabeth A. Grimes (i) |
| Division 8 |
Maria E. Stratton (i) |
| Division 8 |
John Shepard Wiley Jr. (i) |
Third District
California Third District Court of Appeal retention elections, 2022 | |
|
|
| Office | Candidates |
| 3rd District |
Laurie M. Earl (i) |
| 3rd District |
Stacy Boulware Eurie (i) |
| 3rd District |
Harry Hull (i) |
| 3rd District |
Peter Krause (i) |
Fourth District
California Fourth District Court of Appeal retention elections, 2022 | |
|
|
| Office | Candidates |
| Division 1 |
Truc Do (i) |
| Division 1 |
Martin Buchanan (i) |
| Division 1 |
Judith McConnell (i) |
| Division 2 |
Carol D. Codrington (i) |
| Division 2 |
Frank J. Menetrez (i) |
| Division 2 |
Manuel Ramirez (i) |
| Division 2 |
Michael J. Raphael (i) |
| Division 3 |
William Bedsworth (i) |
| Division 3 |
Joanne Motoike (i) |
| Division 3 |
Maurice Sanchez (i) |
| Division 3 |
Eileen Moore (i) |
| Division 3 |
Kathleen O'Leary (i) |
Fifth District
California Fifth District Court of Appeal retention elections, 2022 | |
|
|
| Office | Candidates |
| 5th District |
Jennifer R.S. Detjen (i) |
| 5th District |
Brad Hill (i) |
| 5th District |
Herbert I. Levy (i) |
Sixth District
California Sixth District Court of Appeal retention elections, 2022 | |
|
|
| Office | Candidates |
| 6th District |
Cynthia C. Lie (i) |
| 6th District |
Mary J. Greenwood (i) |
| 6th District |
Charles E. Wilson II (i) |
2014
Retention
| Judge | Election Vote |
|---|---|
| Rosendo Peña, Jr. | 55.8%  |
| Donald R. Franson, Jr. | 68.5% |
| Dennis Cornell | 67.0% |
| Gene Gomes | 60.4% |
| Stephen Kane | 69.8% |
Ethics
The California Code of Judicial Ethics sets forth ethical guidelines and principles for the conduct of judges and judicial candidates in California. It consists of six canons:
- Canon 1: "A judge shall uphold the integrity and independence of the judiciary."
- Canon 2: "A judge shall avoid impropriety and the appearance of impropriety in all of the judge’s activities."
- Canon 3: "A judge shall perform the duties of judicial office impartially, competently, and diligently."
- Canon 4: "A judge shall so conduct the judge’s quasi-judicial and extrajudicial activities as to minimize the risk of conflict with judicial obligations."
- Canon 5: "A judge or candidate for judicial office shall not engage in political or campaign activity that is inconsistent with the independence, integrity, or impartiality of the judiciary."
- Canon 6: "Compliance with the code of judicial ethics."[13]
The full text of the California Code of Judicial Ethics can be found here.
Removal of judges
Judges in California may be removed in one of three ways:
- By a two-thirds vote of the senate after impeachment by the assembly[14]
- By a recall election through popular vote
- By the commission on judicial performance, although its decisions are reviewable by the supreme court[15]
State profile
| Demographic data for California | ||
|---|---|---|
| California | U.S. | |
| Total population: | 38,993,940 | 316,515,021 |
| Land area (sq mi): | 155,779 | 3,531,905 |
| Race and ethnicity** | ||
| White: | 61.8% | 73.6% |
| Black/African American: | 5.9% | 12.6% |
| Asian: | 13.7% | 5.1% |
| Native American: | 0.7% | 0.8% |
| Pacific Islander: | 0.4% | 0.2% |
| Two or more: | 4.5% | 3% |
| Hispanic/Latino: | 38.4% | 17.1% |
| Education | ||
| High school graduation rate: | 81.8% | 86.7% |
| College graduation rate: | 31.4% | 29.8% |
| Income | ||
| Median household income: | $61,818 | $53,889 |
| Persons below poverty level: | 18.2% | 11.3% |
| Source: U.S. Census Bureau, "American Community Survey" (5-year estimates 2010-2015) Click here for more information on the 2020 census and here for more on its impact on the redistricting process in California. **Note: Percentages for race and ethnicity may add up to more than 100 percent because respondents may report more than one race and the Hispanic/Latino ethnicity may be selected in conjunction with any race. Read more about race and ethnicity in the census here. | ||
Presidential voting pattern
- See also: Presidential voting trends in California
California voted for the Democratic candidate in all seven presidential elections between 2000 and 2024.
More California coverage on Ballotpedia
- Elections in California
- United States congressional delegations from California
- Public policy in California
- Endorsers in California
- California fact checks
- More...
See also
External links
Footnotes
- ↑ California Courts, "Fifth District Court of Appeals"
- ↑ 2.0 2.1 California Courts, "About the 5th District," accessed August 17, 2015
- ↑ The salary of the chief judge may be higher than an associate judge.
- ↑ The State Bar of California, "Background," accessed March 27, 2023
- ↑ The State Bar of California, "Commission on Judicial Nominees Evaluation," accessed March 27, 2023
- ↑ Brennan Center for Justice, "Judicial Selection: An Interactive Map," accessed March 23, 2023
- ↑ California Legislative Information, "Article VI Judicial Sec. 16.," accessed March 27, 2023
- ↑ California Secretary of State, "Justices of the Supreme Court," accessed March 27, 2023
- ↑ 9.0 9.1 California Courts, "Judicial Selection: How California Chooses Its Judges and Justices," accessed March 27, 2023
- ↑ California Courts, "Rule 10.1004. Court of Appeal administrative presiding justice," accessed March 27, 2023
- ↑ Brennan Center for Justice, "Judicial Selection: An Interactive Map," accessed March 23, 2023
- ↑ National Center for State Courts, "2024 Salaries and Rankings," accessed October 7, 2024
- ↑ California Courts, "California Code of Judicial Ethics," accessed August 15, 2015
- ↑ California Constitution via Justia US Law, "Article IV - Legislative Section 18," accessed July 17, 2023
- ↑ California Commission on Judicial Performance, "Home," accessed July 17, 2023
Federal courts:
Ninth Circuit Court of Appeals • U.S. District Court: Central District of California, Eastern District of California, Northern District of California, Southern District of California • U.S. Bankruptcy Court: Central District of California, Eastern District of California, Northern District of California, Southern District of California
State courts:
California Supreme Court • California Courts of Appeal • California Superior Courts
State resources:
Courts in California • California judicial elections • Judicial selection in California
