California Fourth District Court of Appeal

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The Symphony Towers in San Diego, CA, home of the Fourth District Court of Appeal, Division 1

The California Fourth District Court of Appeal is one of six courts of appeal in California. Established in 1929, it is divided into three divisions and has jurisdiction in the following counties: Inyo, San Bernardino, Riverside, Orange, San Diego and Imperial. Division 1 is based in San Diego, Division 2 is based in Riverside and Division 3 is based in Santa Ana. Each division has its own presiding justice, although the first division's presiding justice is also the administrative presiding justice for the whole Fourth District. The chief justice appoints that presiding justice.

There are 10 justices in Division 1, eight in Division 2 and eight in Division 3.

• Published opinions of the Fourth District Court of Appeal are available online. Division 1 opinions are here, Division 2 opinions are here and Division 3 opinions are here.

 

California Fourth District Court of Appeal
Court information
Judges:	26
Founded:	1905
Salary:	Associates: $272,902
Judicial selection
Method:	Gubernatorial appointment
Term:	12 years

Justices

Judge	Tenure	Appointed By
Nathan Scott	February 14, 2025 - Present	Gavin Newsom
Maurice Sanchez	January 6, 2022 - Present	Gavin Newsom
Joanne Motoike	June 16, 2022 - Present	Gavin Newsom
Eileen Moore	December 22, 2000 - Present	Gray Davis
Thomas A. Delaney	October 11, 2022 - Present	Gavin Newsom
David M. Rubin	June 23, 2023 - Present	Gavin Newsom
Marsha Slough	February 22, 2016 - Present	Jerry Brown
Richard T. Fields	February 9, 2017 - Present	Jerry Brown
Art McKinster	December 27, 1990 - Present	George Deukmejian
Douglas Miller	June 9, 2006 - Present	Arnold Schwarzenegger
Frank J. Menetrez	2018 - Present	Jerry Brown
Carol D. Codrington	August 25, 2010 - Present	Arnold Schwarzenegger
Manuel Ramirez	December 27, 1990 - Present	George Deukmejian
Michael J. Raphael	2018 - Present	Jerry Brown
William S. Dato	February 9, 2017 - Present	Jerry Brown
Terry O'Rourke	December 7, 1988 - Present	Pete Wilson
Richard Huffman	October 13, 1988 - Present	George Deukmejian
Joan Irion	September 25, 2003 - Present	Gray Davis
Truc Do	January 14, 2021 - Present	Gavin Newsom
Judith McConnell	October 3, 2001 - Present	Gray Davis
Jose Scher Castillo	April 7, 2023 - Present	Gavin Newsom
Julia Craig Kelety	April 7, 2023 - Present	Gavin Newsom
Martin Buchanan	May 27, 2022 - Present	Gavin Newsom

Judicial selection

See also: Judicial selection in California

The California Court of Appeal in Riverside, CA, home of the Fourth District Court of Appeal, Division 2

The California Court of Appeal in Santa Ana, CA, home of the Fourth District Court of Appeal, Division 3

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. Although the governor is not bound to these recommendations, the Commission on Judicial Appointments can approve or veto the appointment by majority vote.

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. 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.

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.

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.

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.

Salary

In 2024, the associate judges of the court received a salary of $272,902, according to the National Center for State Courts.

Elections

2022

See also: California intermediate appellate court 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.

Candidates and results

First District

California First District Court of Appeal retention elections, 2022
Incumbents are marked with an (i) after their name.
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
Incumbents are marked with an (i) after their name.
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
Incumbents are marked with an (i) after their name.
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
Incumbents are marked with an (i) after their name.
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
Incumbents are marked with an (i) after their name.
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
Incumbents are marked with an (i) after their name.
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
FybelRichard Fybel	63.9% A
AronsonRichard Aronson	72.9% A
O'RourkeTerry O'Rourke	74.6% A
NaresGilbert Nares	71.4% A
O'LearyKathleen O'Leary	69.9% A
McIntyreJames McIntyre	75.4% A
RylaarsdamWilliam Rylaarsdam	70.0% A
ThompsonDavid A. Thompson	75.3% A
McDonaldAlex McDonald	75.3% A
HollenhorstThomas Hollenhorst	73.7% A

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."

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
• By a recall election through popular vote
• By the commission on judicial performance, although its decisions are reviewable by the supreme court

Noteworthy cases

• Schools may offer yoga (2015)

Click for summary→

Stephen and Jennifer Sedlock sued the Encinitas Union School District when they learned their daughters were doing yoga at their elementary school. The Sedlocks felt that the yoga program was spiritual, or religious, in nature. Further, if they opted their children out of the yoga class, then the children missed out on physical activity through school. San Diego Superior Court Judge John S. Meyer, the first judge to hear the case, disagreed with the Sedlock's contention. He found that the way the school conducted the yoga class, with a series of increasingly difficult poses and breathing exercises, was secular in nature. The Sedlocks appealed Judge Meyer's decision. Court of Appeal Justice Cynthia Aaron of California's Fourth District wrote the court's opinion, which affirmed the lower court decision. “ After a careful review of the extensive evidence presented in the trial court concerning the nature of the particular yoga program at issue in this case, we conclude that the program is secular in purpose, does not have the primary effect of advancing or inhibiting religion, and does not excessively entangle the school district in religion. ” —Judge Cynthia Aaron Justice Aaron agreed with the Sedlocks that yoga, in certain situations, could be considered religious. However, the school did not use any "spiritual trappings" when conducting the class. That is ultimately what swayed the decision in favor of the school district. Justices Judith McConnell and Richard Huffman concurred with Justice Aaron in her opinion. Articles: Times of San Diego, "Yoga’s not religious, OK to teach in school, appellate court rules," April 3, 2015 LA Times, "Appeals court upholds yoga program in Encinitas public schools," April 3, 2015

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
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• More...

See also

California	Judicial Selection	More Courts
Courts in California California Courts of Appeal California Supreme Court	Elections: 2025 • 2024 • 2023 • 2022 • 2021 • 2020 • 2019 • 2018 • 2017 Gubernatorial appointments Judicial selection in California	Federal courts State courts Local courts

External links

• California Courts, "Fourth District Court of Appeal"

Footnotes

California courts

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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