Skip to content

Presiding Justice, Court of Appeal, First District, Division Two: Shall Presiding Justice THERESE M. STEWART be elected to the office for the term provided by law?

Unofficial result: Won — Therese M. Stewart (Nonpartisan)

Source: electionresults.sos.ca.gov

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,

Therese M. Stewart

Nonpartisan · Incumbent · Official site

Stewart is the presiding justice of Division Two in California's First District Court of Appeal. She previously served as San Francisco's chief deputy city attorney and spent 20 years in private litigation practice.

Track record

Track record — General

General · 4 records
  • Won unanimous confirmation as presiding justice of the First District Court of Appeal, Division Two.

    November 30, 2022

    Source: newsroom.courts.ca.gov

  • Governor Gavin Newsom nominated her as presiding justice of the First District Court of Appeal, Division Two.

    October 7, 2022

    Source: gov.ca.gov

  • Governor Jerry Brown appointed her to the First District Court of Appeal, Division Two.

    June 28, 2014

    Source: latimes.com

  • Served for 12 years as San Francisco's chief deputy city attorney and oversaw about 300 employees, including 200 lawyers.

    January 1, 2002

    Source: appellate.courts.ca.gov

Track record — Impartiality

Impartiality · 3 favorable
  • Joined Victaulic v. American Home Assurance, reversing a large insurance verdict after prejudicial trial-court conduct.

    February 26, 2018Favorable on Impartiality

    Source: law.justia.com

  • Joined A.T. v. Superior Court, rejecting juvenile detention based on a rejected plea bargain or neighborhood stereotypes.

    March 30, 2017Favorable on Impartiality

    Source: law.justia.com

  • Served on the Judicial Council's Commission on Impartial Courts public-information task force from 2007 through 2009.

    January 1, 2007Favorable on Impartiality

    Source: appellate.courts.ca.gov

Track record — Legal Competence

Legal Competence · 25 favorable
  • Joined Doss v. Tesla, holding yard hostlers exempt from federal arbitration while narrowing which wage claims avoided arbitration under state law.

    June 11, 2026Favorable on Legal Competence

    Source: law.justia.com

  • Authored Thomas v. Regents of the University of California, restoring a student athlete's gender-based harassment claim.

    November 29, 2023Favorable on Legal Competence

    Source: law.justia.com

  • Won unanimous confirmation as presiding justice of the First District Court of Appeal, Division Two.

    November 30, 2022Favorable on Legal Competence

    Source: newsroom.courts.ca.gov

  • Authored In re A.H., vacating termination of parental rights after deficient notice and parentage investigation.

    October 19, 2022Favorable on Legal Competence

    Source: law.justia.com

  • Authored People v. Hardy, reversing a firearm conviction because untested ShotSpotter evidence was admitted without a reliability hearing.

    February 24, 2021Favorable on Legal Competence

    Source: law.justia.com

  • Authored People v. Stewart, ordering a new trial after prosecutors suppressed material impeachment evidence.

    October 9, 2020Favorable on Legal Competence

    Source: law.justia.com

  • Authored Roth v. Jelley, restoring a trust claim because an ascertainable beneficiary received no notice or opportunity to object.

    February 24, 2020Favorable on Legal Competence

    Source: law.justia.com

  • Authored In re C.W., reversing termination of dependency jurisdiction and a custody award unsupported by the record.

    March 29, 2019Favorable on Legal Competence

    Source: law.justia.com

  • Joined In re Palmer, requiring a new parole hearing that gave great weight to youth and later maturity.

    September 13, 2018Favorable on Legal Competence

    Source: law.justia.com

  • Joined Victaulic v. American Home Assurance, reversing a large insurance verdict after prejudicial trial-court conduct.

    February 26, 2018Favorable on Legal Competence

    Source: law.justia.com

  • Joined A.T. v. Superior Court, rejecting juvenile detention based on a rejected plea bargain or neighborhood stereotypes.

    March 30, 2017Favorable on Legal Competence

    Source: law.justia.com

  • Authored People v. Cowart, reversing mandatory confinement for an incompetent hit-and-run defendant whose charged felony did not cause the death.

    July 17, 2015Favorable on Legal Competence

    Source: law.justia.com

  • Co-chaired the California Judges Association's LGBT Judges Committee.

    January 1, 2015Favorable on Legal Competence

    Source: appellate.courts.ca.gov

  • Co-taught a constitutional-cases seminar as an adjunct law professor after joining the bench.

    January 1, 2015Favorable on Legal Competence

    Source: appellate.courts.ca.gov

  • Chaired appellate-orientation and appellate-institute workgroups for California's judicial education program.

    January 1, 2015Favorable on Legal Competence

    Source: appellate.courts.ca.gov

  • Argued San Francisco's position in the Ninth Circuit appeal challenging Proposition 8.

    December 6, 2010Favorable on Legal Competence

    Source: sf.gov

  • Presented San Francisco's closing argument against Proposition 8 in the federal Perry trial.

    June 16, 2010Favorable on Legal Competence

    Source: sf.gov

  • Argued In re Marriage Cases, helping win a California Supreme Court ruling recognizing same-sex couples' marriage rights.

    March 4, 2008Favorable on Legal Competence

    Source: sf.gov

  • Served on the Judicial Council's Commission on Impartial Courts public-information task force from 2007 through 2009.

    January 1, 2007Favorable on Legal Competence

    Source: appellate.courts.ca.gov

  • Defended San Francisco officials' issuance of marriage licenses to same-sex couples in state court.

    February 17, 2004Favorable on Legal Competence

    Source: sf.gov

  • Served for 12 years as San Francisco's chief deputy city attorney and oversaw about 300 employees, including 200 lawyers.

    January 1, 2002Favorable on Legal Competence

    Source: appellate.courts.ca.gov

  • Led the Bar Association of San Francisco and co-founded its School-To-College youth mentoring program.

    January 1, 1999Favorable on Legal Competence

    Source: appellate.courts.ca.gov

  • Became a Howard Rice partner after six years at the firm.

    January 1, 1988Favorable on Legal Competence

    Source: appellate.courts.ca.gov

  • Litigated business cases at the trial and appellate levels at Howard Rice from 1982 through 2002.

    January 1, 1982Favorable on Legal Competence

    Source: appellate.courts.ca.gov

  • Clerked for Judge Phyllis A. Kravitch on the Eleventh Circuit from 1981 through 1982.

    January 1, 1981Favorable on Legal Competence

    Source: appellate.courts.ca.gov

Source: elections.cdn.sos.ca.gov