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Associate Justice, Court of Appeal, Fourth District, Division One: Shall Associate Justice WILLIAM S. DATO be elected to the office for the term provided by law?

California
Retention race

What does this office do?

  • Deciding what state laws and the state constitution mean
  • Setting rulings that lower state courts must follow
  • Deciding major criminal and civil cases

Affects: Public Safety and Crime Control, Criminal Justice and Civil Liberties, Gun Control,

William S. Dato

Nonpartisan · Incumbent · Official site

Dato has served as an associate justice in Division One of California's Fourth District Court of Appeal since 2017. He previously served for 13 years as a San Diego Superior Court judge.

Track record

Track record — General

General · 2 records
  • Was confirmed as an associate justice of the Fourth District Court of Appeal, Division One.

    February 1, 2017

    Source: appellate.courts.ca.gov

  • Was appointed to the San Diego County Superior Court.

    January 1, 2004

    Source: appellate.courts.ca.gov

Track record — Legal Competence

Legal Competence · 31 favorable
  • Joined In re Moore, vacating a child-abuse murder conviction because later scientific developments showed material expert testimony was false.

    September 8, 2026Favorable on Legal Competence

    Source: law.justia.com

  • Authored Ashirwad v. Bradbury, affirming that pandemic-era payments did not create a month-to-month commercial tenancy.

    January 29, 2026Favorable on Legal Competence

    Source: law.justia.com

  • Joined McDoniel v. Kavry Management, upholding wrongful-discharge liability for firing an employee based on a compelled polygraph.

    September 30, 2025Favorable on Legal Competence

    Source: law.justia.com

  • Completed his second term on the Commission on Judicial Performance.

    February 28, 2025Favorable on Legal Competence

    Source: supreme.courts.ca.gov

  • Authored In re H.D., ordering a new Racial Justice Act hearing that could consider reliable aggregate policing data.

    February 14, 2024Favorable on Legal Competence

    Source: law.justia.com

  • Authored Sarmiento v. Superior Court, directing approval of mental-health diversion for an attempted-robbery defendant.

    January 9, 2024Favorable on Legal Competence

    Source: law.justia.com

  • Joined Marriage of D.H. and B.G., reversing a child-support ruling that used the wrong definition of full-time high-school attendance.

    January 17, 2023Favorable on Legal Competence

    Source: law.justia.com

  • Joined County of San Diego v. Commission on State Mandates, upholding denial of reimbursement for youth-offender parole laws.

    January 1, 2023Favorable on Legal Competence

    Source: law.justia.com

  • Dissented in People v. Zemek, concluding public-trial and juror-misconduct errors required a new murder trial.

    January 1, 2023Favorable on Legal Competence

    Source: law.justia.com

  • Joined 640 Tenth v. Newsom, rejecting procedural and takings challenges to pandemic business restrictions.

    May 13, 2022Favorable on Legal Competence

    Source: law.justia.com

  • Joined People v. Harden, affirming denial of a felony-murder resentencing petition based on the prior appellate ruling.

    March 11, 2022Favorable on Legal Competence

    Source: law.justia.com

  • Joined Flores v. City of San Diego, reversing summary judgment because the city had not shown compliant police-pursuit training.

    January 1, 2022Favorable on Legal Competence

    Source: law.justia.com

  • Was reappointed to the Commission on Judicial Performance for a second term.

    March 1, 2021Favorable on Legal Competence

    Source: cjp.ca.gov

  • Authored Felczer v. Apple, correcting the date from which postjudgment interest on litigation costs accrued.

    January 1, 2021Favorable on Legal Competence

    Source: law.justia.com

  • Authored In re Edgerrin J., reversing juvenile judgments for a renewed hearing on whether police lawfully detained and searched three Black teenagers.

    November 20, 2020Favorable on Legal Competence

    Source: law.justia.com

  • Joined Lief v. Superior Court, granting writ relief from a family-law discovery order.

    December 6, 2018Favorable on Legal Competence

    Source: law.justia.com

  • Was appointed by the California Supreme Court as the appellate-court member of the Commission on Judicial Performance.

    April 1, 2018Favorable on Legal Competence

    Source: cjp.ca.gov

  • Was confirmed as an associate justice of the Fourth District Court of Appeal, Division One.

    February 1, 2017Favorable on Legal Competence

    Source: appellate.courts.ca.gov

  • Served as presiding judge of the San Diego Superior Court's appellate division.

    January 1, 2014Favorable on Legal Competence

    Source: appellate.courts.ca.gov

  • Served as supervising judge of the San Diego Superior Court's North County branch.

    January 1, 2012Favorable on Legal Competence

    Source: appellate.courts.ca.gov

  • Handled juvenile drug-court assignments on the San Diego County Superior Court.

    January 1, 2009Favorable on Legal Competence

    Source: cjp.ca.gov

  • Handled adult drug-court assignments on the San Diego County Superior Court.

    January 1, 2008Favorable on Legal Competence

    Source: cjp.ca.gov

  • Handled family-law assignments on the San Diego County Superior Court.

    January 1, 2007Favorable on Legal Competence

    Source: cjp.ca.gov

  • Handled criminal assignments on the San Diego County Superior Court.

    January 1, 2006Favorable on Legal Competence

    Source: cjp.ca.gov

  • Handled civil assignments on the San Diego County Superior Court.

    January 1, 2005Favorable on Legal Competence

    Source: cjp.ca.gov

  • Was appointed to the San Diego County Superior Court.

    January 1, 2004Favorable on Legal Competence

    Source: appellate.courts.ca.gov

  • Taught products liability as an adjunct professor at California Western School of Law.

    January 1, 2000Favorable on Legal Competence

    Source: appellate.courts.ca.gov

  • Taught appellate practice as an adjunct professor at the University of San Diego School of Law.

    January 1, 1995Favorable on Legal Competence

    Source: appellate.courts.ca.gov

  • Became a certified appellate law specialist in private practice.

    January 1, 1990Favorable on Legal Competence

    Source: appellate.courts.ca.gov

  • Worked as an appellate staff attorney for the California Court of Appeal.

    January 1, 1985Favorable on Legal Competence

    Source: appellate.courts.ca.gov

  • Worked as an appellate staff attorney for the California Supreme Court.

    January 1, 1981Favorable on Legal Competence

    Source: appellate.courts.ca.gov

Track record — Candidate Ethics

Candidate Ethics · 3 records
  • Completed his second term on the Commission on Judicial Performance.

    February 28, 2025

    Source: supreme.courts.ca.gov

  • Was reappointed to the Commission on Judicial Performance for a second term.

    March 1, 2021

    Source: cjp.ca.gov

  • Was appointed by the California Supreme Court as the appellate-court member of the Commission on Judicial Performance.

    April 1, 2018

    Source: cjp.ca.gov

Source: elections.cdn.sos.ca.gov