Kathleen M. Banke
CA · Associate Justice, California Court of Appeal, First Appellate District, Division One
Banke is an associate justice in Division One of California's First District Court of Appeal. She previously served on the Alameda County Superior Court and led appellate practices during more than 20 years in private practice.
Where Kathleen M. Banke stands, based on their records
Supports
Election Integrity (1 record), Civil Rights (7 records)
Mixed record
Public Safety and Crime Control (7 support · 1 oppose)
Campaign finance information not available
Track record
Track record — Public Safety and Crime Control
Public Safety and Crime Control · 7 support · 1 oppose
Authored People v. Morgan, affirming a conviction for violently resisting officers but remanding for resentencing because of improper dual use of a gun-use factor.
July 8, 2024Supports Public Safety and Crime Control
Source: law.justia.com · researched September 13, 2026
Joined People v. Oliver, affirming denial of murder resentencing after finding sufficient evidence of reckless indifference and harmless treatment of youth evidence.
April 12, 2023Supports Public Safety and Crime Control
Source: law.justia.com · researched September 13, 2026
Dissented in People v. Montiel from allowing noneconomic-loss restitution to a child victim's mother under the governing restitution statute.
May 16, 2019Opposes Public Safety and Crime Control
Source: law.justia.com · researched September 13, 2026
Authored People v. Quarles, affirming elder-abuse and telephone-damage convictions and holding the telephone offense was a general-intent crime.
July 26, 2018Supports Public Safety and Crime Control
Source: law.justia.com · researched September 13, 2026
Authored People v. Forney, striking a probationer's Fifth Amendment waiver and narrowing conditions governing contact with minors.
August 15, 2016Supports Public Safety and Crime Control
Source: law.justia.com · researched September 13, 2026
Authored In re Rainey, vacating a juvenile offender's life-without-parole sentence and ordering resentencing under constitutional youth-sentencing standards.
April 15, 2014Supports Public Safety and Crime Control
Source: law.justia.com · researched September 13, 2026
Joined People v. Mehserle, affirming the involuntary-manslaughter conviction of the BART officer who fatally shot Oscar Grant.
June 8, 2012Supports Public Safety and Crime Control
Source: law.justia.com · researched September 13, 2026
Authored People v. C.S.A., reversing dismissal of a felony charge because police lacked authority to promise dismissal and the defendant's reliance had no constitutional consequence.
January 29, 2010Supports Public Safety and Crime Control
Source: law.justia.com · researched September 13, 2026
Track record — Election Integrity
Election Integrity · 1 support
Authored Borikas v. Alameda Unified School District, invalidating nonuniform portions of a parcel tax and directing entry of a uniform $120-per-parcel tax.
December 6, 2012Supports Election Integrity
Source: law.justia.com · researched September 13, 2026
Track record — Civil Rights
Civil Rights · 7 support
Authored In re S.F., reversing dependency findings, removal, and substance-abuse orders against a father for insufficient evidence.
May 17, 2023Supports Civil Rights
Source: law.justia.com · researched September 13, 2026
Authored Mahler v. Judicial Council, allowing retired judges to amend an age-discrimination claim and seek prospective declaratory relief.
July 28, 2021Supports Civil Rights
Source: law.justia.com · researched September 13, 2026
Authored People v. Forney, striking a probationer's Fifth Amendment waiver and narrowing conditions governing contact with minors.
August 15, 2016Supports Civil Rights
Source: law.justia.com · researched September 13, 2026
Joined In re Ricardo P., striking an overbroad juvenile probation condition allowing warrantless searches of electronics and passwords.
December 1, 2015Supports Civil Rights
Source: law.justia.com · researched September 13, 2026
Authored In re Rainey, vacating a juvenile offender's life-without-parole sentence and ordering resentencing under constitutional youth-sentencing standards.
April 15, 2014Supports Civil Rights
Source: law.justia.com · researched September 13, 2026
Joined People v. Mehserle, affirming the involuntary-manslaughter conviction of the BART officer who fatally shot Oscar Grant.
June 8, 2012Supports Civil Rights
Source: law.justia.com · researched September 13, 2026
Concurred in In re D.G., narrowing an unsupported school stay-away probation condition imposed on a juvenile.
July 30, 2010Supports Civil Rights
Source: law.justia.com · researched September 13, 2026
Track record — General
General · 2 records
Was appointed an associate justice of the First District Court of Appeal, Division One.
June 1, 2009
Source: appellate.courts.ca.gov · researched September 13, 2026
Was appointed to the Alameda County Superior Court.
June 1, 2006
Source: appellate.courts.ca.gov · researched September 13, 2026
Track record — Legal Competence
Legal Competence · 31 favorable
Authored Restivo v. City of Petaluma, affirming summary judgment because the city lacked actual or constructive notice of a dangerous street crack.
May 20, 2025Favorable on Legal Competence
Source: law.justia.com · researched September 13, 2026
Authored People v. Morgan, affirming a conviction for violently resisting officers but remanding for resentencing because of improper dual use of a gun-use factor.
July 8, 2024Favorable on Legal Competence
Source: law.justia.com · researched September 13, 2026
Authored Lee v. Cardiff, affirming denial of attorney fees in a swimming-pool and landscaping contract dispute.
August 11, 2023Favorable on Legal Competence
Source: law.justia.com · researched September 13, 2026
Authored In re S.F., reversing dependency findings, removal, and substance-abuse orders against a father for insufficient evidence.
May 17, 2023Favorable on Legal Competence
Source: law.justia.com · researched September 13, 2026
Joined People v. Oliver, affirming denial of murder resentencing after finding sufficient evidence of reckless indifference and harmless treatment of youth evidence.
April 12, 2023Favorable on Legal Competence
Source: law.justia.com · researched September 13, 2026
Dissented in Ramirez v. PK I Plaza, arguing the court should affirm summary judgment against an injured independent contractor.
November 10, 2022Favorable on Legal Competence
Source: law.justia.com · researched September 13, 2026
Authored Mahler v. Judicial Council, allowing retired judges to amend an age-discrimination claim and seek prospective declaratory relief.
July 28, 2021Favorable on Legal Competence
Source: law.justia.com · researched September 13, 2026
Joined Kelly v. House, upholding a farm-trespass damages award and remanding for an award of statutory attorney fees.
April 2, 2020Favorable on Legal Competence
Source: law.justia.com · researched September 13, 2026
Dissented in People v. Montiel from allowing noneconomic-loss restitution to a child victim's mother under the governing restitution statute.
May 16, 2019Favorable on Legal Competence
Source: law.justia.com · researched September 13, 2026
Authored People v. Quarles, affirming elder-abuse and telephone-damage convictions and holding the telephone offense was a general-intent crime.
July 26, 2018Favorable on Legal Competence
Source: law.justia.com · researched September 13, 2026
Dissented in San Francisco v. Regents, arguing the city could require state universities to collect a parking tax imposed on third-party users.
March 2, 2017Favorable on Legal Competence
Source: law.justia.com · researched September 13, 2026
Authored People v. Forney, striking a probationer's Fifth Amendment waiver and narrowing conditions governing contact with minors.
August 15, 2016Favorable on Legal Competence
Source: law.justia.com · researched September 13, 2026
Joined In re Ricardo P., striking an overbroad juvenile probation condition allowing warrantless searches of electronics and passwords.
December 1, 2015Favorable on Legal Competence
Source: law.justia.com · researched September 13, 2026
Authored Shiffer v. CBS Corp., affirming summary judgment because the plaintiffs lacked evidence tying asbestos exposure to the defendant's materials.
September 30, 2015Favorable on Legal Competence
Source: law.justia.com · researched September 13, 2026
Joined Branscomb v. JPMorgan Chase Bank, reversing a lien-priority judgment because the lenders were entitled to equitable subrogation.
June 3, 2014Favorable on Legal Competence
Source: law.justia.com · researched September 13, 2026
Authored In re Rainey, vacating a juvenile offender's life-without-parole sentence and ordering resentencing under constitutional youth-sentencing standards.
April 15, 2014Favorable on Legal Competence
Source: law.justia.com · researched September 13, 2026
Authored Borikas v. Alameda Unified School District, invalidating nonuniform portions of a parcel tax and directing entry of a uniform $120-per-parcel tax.
December 6, 2012Favorable on Legal Competence
Source: law.justia.com · researched September 13, 2026
Joined People v. Mehserle, affirming the involuntary-manslaughter conviction of the BART officer who fatally shot Oscar Grant.
June 8, 2012Favorable on Legal Competence
Source: law.justia.com · researched September 13, 2026
Concurred in In re D.G., narrowing an unsupported school stay-away probation condition imposed on a juvenile.
July 30, 2010Favorable on Legal Competence
Source: law.justia.com · researched September 13, 2026
Authored People v. C.S.A., reversing dismissal of a felony charge because police lacked authority to promise dismissal and the defendant's reliance had no constitutional consequence.
January 29, 2010Favorable on Legal Competence
Source: law.justia.com · researched September 13, 2026
Was appointed an associate justice of the First District Court of Appeal, Division One.
June 1, 2009Favorable on Legal Competence
Source: appellate.courts.ca.gov · researched September 13, 2026
Served as chief consulting editor and a contributing author for the fourth edition of California Civil Writ Practice.
January 1, 2008Favorable on Legal Competence
Source: appellate.courts.ca.gov · researched September 13, 2026
Served on the superior court's Appellate Division and was elected to its Executive Committee.
January 1, 2008Favorable on Legal Competence
Source: appellate.courts.ca.gov · researched September 13, 2026
Served for three years as a practitioner-advisor in appellate advocacy at Boalt Hall School of Law.
June 1, 2006Favorable on Legal Competence
Source: appellate.courts.ca.gov · researched September 13, 2026
Was appointed to the Alameda County Superior Court.
June 1, 2006Favorable on Legal Competence
Source: appellate.courts.ca.gov · researched September 13, 2026
Taught civil appellate advocacy at Hastings College of the Law for three years.
June 1, 2006Favorable on Legal Competence
Source: appellate.courts.ca.gov · researched September 13, 2026
Was a partner at Reed Smith after practicing at predecessor firm Crosby, Heafey, Roach & May.
June 1, 2006Favorable on Legal Competence
Source: appellate.courts.ca.gov · researched September 13, 2026
Led Crosby, Heafey's statewide appellate practice group.
June 1, 2006Favorable on Legal Competence
Source: appellate.courts.ca.gov · researched September 13, 2026
Represented clients before the U.S. Supreme Court, two federal circuits, the California Supreme Court, and every California appellate district.
June 1, 2006Favorable on Legal Competence
Source: appellate.courts.ca.gov · researched September 13, 2026
Served as counsel or co-counsel in more than 200 appeals and writ proceedings.
June 1, 2006Favorable on Legal Competence
Source: appellate.courts.ca.gov · researched September 13, 2026
Led Reed Smith's nationwide appellate practice group.
June 1, 2006Favorable on Legal Competence
Source: appellate.courts.ca.gov · researched September 13, 2026
Track record — Candidate Ethics
Candidate Ethics · 2 records
Authored Lee v. Cardiff, affirming denial of attorney fees in a swimming-pool and landscaping contract dispute.
August 11, 2023
Source: law.justia.com · researched September 13, 2026
Served on the superior court's Appellate Division and was elected to its Executive Committee.
January 1, 2008
Source: appellate.courts.ca.gov · researched September 13, 2026
Retention question · November 3, 2026
Profile last researched September 12, 2026.