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Shall Associate Justice MICHAEL J. RAPHAEL be elected to the office for the term provided by law?

California

My vote power

Retention race

Election date

November 3, 2026

About this office

  • 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, Gun Control, Women's Reproductive Rights,

Michael J. Raphael

Nonpartisan · Incumbent · declared · Official site

Raphael has served as an associate justice in Division Two of California's Fourth District Court of Appeal since 2018. He previously served as a Los Angeles Superior Court judge and an assistant U.S. attorney.

Where Michael J. Raphael stands, based on their records

Supports

Public Safety and Crime Control (3 records), Civil Rights (5 records)

Track record

Track record — Public Safety and Crime Control

Public Safety and Crime Control · 3 support
  • Authored People v. S.H., reversing the vacatur of a child-pornography conviction because the statutory requirements were not met.

    December 9, 2025Supports Public Safety and Crime Control

    Source: law.justia.com · researched September 13, 2026

  • Authored People v. Whipple, affirming denial of felony-murder resentencing while preserving the defendant's ability to seek habeas relief.

    May 1, 2025Supports Public Safety and Crime Control

    Source: law.justia.com · researched September 13, 2026

  • Began more than twelve years as an assistant U.S. attorney in California's Central District, where he prosecuted more than 60 federal felony cases.

    January 1, 1999Supports Public Safety and Crime Control

    Source: appellate.courts.ca.gov · researched September 13, 2026

Track record — Civil Rights

Civil Rights · 5 support
  • Authored In re King, directing a new pretrial-detention hearing that complied with constitutional bail standards.

    June 17, 2026Supports Civil Rights

    Source: law.justia.com · researched September 13, 2026

  • Authored People v. Avena, directing vacatur of a noncitizen defendant's conviction because he had not meaningfully understood its immigration consequences.

    March 26, 2026Supports Civil Rights

    Source: law.justia.com · researched September 13, 2026

  • Dissented in Merchant of Tennis v. Superior Court, arguing that equitable rescission rules allowed a remedy protecting workers who alleged misleading class-action settlements.

    January 14, 2026Supports Civil Rights

    Source: law.justia.com · researched September 13, 2026

  • Joined In re B.H., reversing several dependency findings while affirming monitored visitation orders supported by the record.

    June 7, 2024Supports Civil Rights

    Source: law.justia.com · researched September 13, 2026

  • Dissented in Victor Valley Union High School District v. Superior Court, concluding that a district should have preserved video connected to an alleged sexual assault of a special-needs student.

    December 22, 2022Supports Civil Rights

    Source: law.justia.com · researched September 13, 2026

Track record — General

General · 3 records
  • Served as the Fourth District representative on the Appellate Indigent Defense Oversight Advisory Committee.

    September 12, 2026

    Source: appellate.courts.ca.gov · researched September 13, 2026

  • Was nominated by Governor Jerry Brown and unanimously confirmed as an associate justice of the Fourth District Court of Appeal after an exceptionally well qualified rating.

    July 24, 2018

    Source: appellate.courts.ca.gov · researched September 13, 2026

  • Was appointed by Governor Jerry Brown to the Los Angeles County Superior Court.

    January 1, 2012

    Source: appellate.courts.ca.gov · researched September 13, 2026

Track record — Legal Competence

Legal Competence · 26 favorable
  • Served as the Fourth District representative on the Appellate Indigent Defense Oversight Advisory Committee.

    September 12, 2026Favorable on Legal Competence

    Source: appellate.courts.ca.gov · researched September 13, 2026

  • Authored In re King, directing a new pretrial-detention hearing that complied with constitutional bail standards.

    June 17, 2026Favorable on Legal Competence

    Source: law.justia.com · researched September 13, 2026

  • Authored People v. Avena, directing vacatur of a noncitizen defendant's conviction because he had not meaningfully understood its immigration consequences.

    March 26, 2026Favorable on Legal Competence

    Source: law.justia.com · researched September 13, 2026

  • Dissented in Merchant of Tennis v. Superior Court, arguing that equitable rescission rules allowed a remedy protecting workers who alleged misleading class-action settlements.

    January 14, 2026Favorable on Legal Competence

    Source: law.justia.com · researched September 13, 2026

  • Authored People v. S.H., reversing the vacatur of a child-pornography conviction because the statutory requirements were not met.

    December 9, 2025Favorable on Legal Competence

    Source: law.justia.com · researched September 13, 2026

  • Authored In re Mattison, holding that expiration of a restitution fine did not require full resentencing and identifying a motion to correct the judgment as the available remedy.

    December 8, 2025Favorable on Legal Competence

    Source: law.justia.com · researched September 13, 2026

  • Authored People v. Whipple, affirming denial of felony-murder resentencing while preserving the defendant's ability to seek habeas relief.

    May 1, 2025Favorable on Legal Competence

    Source: law.justia.com · researched September 13, 2026

  • Joined In re B.H., reversing several dependency findings while affirming monitored visitation orders supported by the record.

    June 7, 2024Favorable on Legal Competence

    Source: law.justia.com · researched September 13, 2026

  • Wrote separately in People v. Cress on trial-court jurisdiction over a second postjudgment motion while the first ruling was on appeal.

    February 17, 2023Favorable on Legal Competence

    Source: law.justia.com · researched September 13, 2026

  • Dissented in Victor Valley Union High School District v. Superior Court, concluding that a district should have preserved video connected to an alleged sexual assault of a special-needs student.

    December 22, 2022Favorable on Legal Competence

    Source: law.justia.com · researched September 13, 2026

  • Dissented in Tesoro Logistic Operations v. City of Rialto, concluding that the city's Measure U business-license tax was constitutional.

    August 19, 2019Favorable on Legal Competence

    Source: law.justia.com · researched September 13, 2026

  • Was nominated by Governor Jerry Brown and unanimously confirmed as an associate justice of the Fourth District Court of Appeal after an exceptionally well qualified rating.

    July 24, 2018Favorable on Legal Competence

    Source: appellate.courts.ca.gov · researched September 13, 2026

  • Served twice as a pro tem justice in the Second District Court of Appeal, Division Five.

    January 1, 2015Favorable on Legal Competence

    Source: appellate.courts.ca.gov · researched September 13, 2026

  • Was appointed by Governor Jerry Brown to the Los Angeles County Superior Court.

    January 1, 2012Favorable on Legal Competence

    Source: appellate.courts.ca.gov · researched September 13, 2026

  • Handled small-claims, limited-civil, unlawful-detainer, misdemeanor, personal-injury, and civil independent-calendar assignments on the Superior Court.

    January 1, 2012Favorable on Legal Competence

    Source: appellate.courts.ca.gov · researched September 13, 2026

  • Co-taught a criminal-sentencing seminar at the University of Southern California Gould School of Law.

    January 1, 2008Favorable on Legal Competence

    Source: appellate.courts.ca.gov · researched September 13, 2026

  • Served as chief of the U.S. Attorney's Office Criminal Appeals Section from 2007 through 2012, overseeing about 300 briefs and 100 Ninth Circuit arguments annually.

    January 1, 2007Favorable on Legal Competence

    Source: appellate.courts.ca.gov · researched September 13, 2026

  • Personally argued 41 Ninth Circuit cases for the United States, including three before en banc panels.

    January 1, 2007Favorable on Legal Competence

    Source: appellate.courts.ca.gov · researched September 13, 2026

  • Served as deputy chief of the U.S. Attorney's Office Criminal Appeals Section from 2005 through 2007.

    January 1, 2005Favorable on Legal Competence

    Source: appellate.courts.ca.gov · researched September 13, 2026

  • Co-taught advanced appellate advocacy at the University of Southern California Gould School of Law in 2005 and 2006.

    January 1, 2005Favorable on Legal Competence

    Source: appellate.courts.ca.gov · researched September 13, 2026

  • Served as special counsel in the Northern District of California and prosecuted the illegal leak of grand-jury testimony from the federal steroids investigation.

    January 1, 2005Favorable on Legal Competence

    Source: appellate.courts.ca.gov · researched September 13, 2026

  • Began more than twelve years as an assistant U.S. attorney in California's Central District, where he prosecuted more than 60 federal felony cases.

    January 1, 1999Favorable on Legal Competence

    Source: appellate.courts.ca.gov · researched September 13, 2026

  • Taught writing and advocacy as an adjunct professor at George Washington University Law School.

    January 1, 1997Favorable on Legal Competence

    Source: appellate.courts.ca.gov · researched September 13, 2026

  • Worked as investigative counsel for the U.S. House Government Reform Committee on its investigation of fundraising in the 1996 presidential election.

    January 1, 1997Favorable on Legal Competence

    Source: appellate.courts.ca.gov · researched September 13, 2026

  • Practiced trial and appellate litigation in Sidley Austin's Washington office.

    January 1, 1994Favorable on Legal Competence

    Source: appellate.courts.ca.gov · researched September 13, 2026

  • Clerked for Judge Nathaniel R. Jones of the U.S. Court of Appeals for the Sixth Circuit.

    January 1, 1993Favorable on Legal Competence

    Source: appellate.courts.ca.gov · researched September 13, 2026

Track record — Candidate Ethics

Candidate Ethics · 3 records
  • Dissented in Victor Valley Union High School District v. Superior Court, concluding that a district should have preserved video connected to an alleged sexual assault of a special-needs student.

    December 22, 2022

    Source: law.justia.com · researched September 13, 2026

  • Served as special counsel in the Northern District of California and prosecuted the illegal leak of grand-jury testimony from the federal steroids investigation.

    January 1, 2005

    Source: appellate.courts.ca.gov · researched September 13, 2026

  • Worked as investigative counsel for the U.S. House Government Reform Committee on its investigation of fundraising in the 1996 presidential election.

    January 1, 1997

    Source: appellate.courts.ca.gov · researched September 13, 2026

Source: elections.cdn.sos.ca.gov