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Kathleen M. Banke

Associate Justice, Division 1
Full 12-year termQualified (State Bar, 2009)No trial data

Appellate lawyer for over 20 years; Alameda trial judge 2006 to 2009. Ordered Vallejo to release more of its investigation into officers' badge-bending after shootings.

On your ballot. Vote Yes or No on keeping Kathleen M. Banke on the court (full 12-year term). Appears on ballots in Alameda, Contra Costa, Del Norte, Humboldt, Lake, Marin, Mendocino, Napa, San Francisco, San Mateo, Solano and Sonoma.

Qualifications

Appointment. Appointed by Gov. Schwarzenegger, 2009. Retained 2010 and 2014.
Outside rating. Qualified
From the State Bar's Commission on Judicial Nominees Evaluation, given before the 2009 appointment. This is the commission's assessment, not Trellis's. It was made for the appointment, not for this election; we found no bar rating issued for this retention vote.
Before the bench. More than 20 years as an appellate lawyer at Crosby Heafey and Reed Smith, where she led the national appellate group and handled 200+ appeals. Alameda Superior Court judge 2006 to 2009. Writes practice treatises on civil writs.

Conduct

No public discipline or controversies found.

What others recommend

Robyn Nordell's conservative guide repeats Craig Huey's picks, so it is not listed separately.
Trellis does not make recommendations. These are positions published by outside groups as of October 16, 2026. Labels describe each group's general leaning.

Notable rulings

From the trial court record

Served as a trial judge 2006 to 2009; no Trellis judge profile found.

Others on the same ballot

  • Monique Langhorne WilsonNapa's first Black deputy DA; Napa commissioner and judge for 17 years. Ruled the Skunk Train is a public utility that can use eminent domain.
  • Charles A. Smiley IIIFormer Alameda public defender; Alameda commissioner and judge from 2007, including presiding judge and juvenile and treatment courts. Appointed 2025; no widely reported appellate rulings yet.
  • Therese M. StewartFormer San Francisco Chief Deputy City Attorney who argued the city's marriage equality cases; never a trial judge. Revived a 1987 death-row inmate's hidden-evidence claim.
  • Tara M. DesautelsFormer Alameda deputy DA and white-collar litigator; Alameda trial judge for 14 years, including presiding judge during COVID. Appointed 2024; no widely reported appellate rulings yet.
  • Ioana PetrouFormer federal prosecutor and health-care fraud coordinator; Alameda trial judge 2010 to 2018. For a 2-1 panel, threw out a $2.16 million verdict for a fired PG&E lineman.
  • Victor A. RodriguezFormer MALDEF fellow and longtime California Supreme Court staff attorney; ran Alameda's first domestic violence restraining order courtroom. Upheld insurers' use of marital status in rates.
  • Tracie L. BrownFormer federal prosecutor; San Francisco trial judge 2013 to 2018. Largely upheld Prop 22, keeping app-based drivers as independent contractors; the Supreme Court affirmed.
  • Danny Y. ChouFormer San Francisco appellate chief and Santa Clara lead-paint litigator; San Mateo trial judge 2018 to 2023. Ruled public school employees may strike over unfair labor practices.
  • Mark B. SimonsFormer public defender; trial judge from 1980 and the longest-serving First District justice. Ruled Sonoma's civilian sheriff-oversight office can subpoena deputies.
  • Gordon B. BurnsFormer deputy attorney general, first Deputy Solicitor General for civil law, and CalEPA undersecretary; never a trial judge. Halted People's Park student housing; later reversed.