NEW: Bay Area Court Intelligence — sentencing analytics, judge data, and pretrial insights for 9 counties >
Defense Intel
Judicial Intelligence

Bay Area Bench Composition & Demographics

Data current through June 2025

Coverage of 299+ judges across 9 Bay Area counties — bench capacity, career backgrounds, demographics, and retirement projections.

Total Judges (2024)

299

of 324 authorized

Total Vacancies (2024)

25

unfilled positions

Vacancy Rate (2024)

7.7%

across 9 counties

Criminal Assignments (2024)

97

judges on criminal calendars

Retirement Eligible (5yr)

75

25.1% of bench

Former Prosecutors % (2024)

39.1%

vs 17.7% public defenders

Key Insights

Prosecutor Pipeline

39.1% of Bay Area judges were prosecutors before appointment vs only 17.7% from public defense (2024) — a 3:1 ratio that shapes how the bench approaches criminal cases.

Vacancy Crisis

25 vacancies across 9 counties (2024). Solano (11.8%) and Sonoma (11.1%) hit hardest.

Retirement Wave

75 judges eligible to retire within 5 years — 25.1% of the current bench (2024). Potential for significant bench turnover.

Criminal Division Load

Only 97 judges handle criminal calendars across all 9 counties (2024) — every criminal judicial decision flows through a relatively small pool of judges.

Bench Data by County

Scroll right for more columns →

CountyAuthorizedFilledVacanciesVacancy RateCriminal AssignmentsCommissionersRetirement Eligible (5yr)
Santa Clara827667.3%241418 (23.7%)
Alameda726579.7%221216 (24.6%)
Contra Costa403737.5%1279 (24.3%)
San Francisco524935.8%151012 (24.5%)
San Mateo272527.4%856 (24%)
Sonoma1816211.1%645 (31.3%)
Solano1715211.8%534 (26.7%)
Marin101000%333 (30%)
Napa6600%222 (33.3%)
Total324299257.7%976075 (25.1%)

Who Becomes a Judge?

Judges' prior career backgrounds shape their approach to criminal defense, bail, and sentencing. Understanding this structural bias is critical.

Region-wide, 39.1% of judges were prosecutors before appointment, while only 17.7% came from public defense. This means for every former public defender on the bench, there are approximately 3 former prosecutors.

Santa Clara

76 judges

Prosecutor
30 (39%)
Public Defender
12 (16%)
Private Practice
22 (29%)
Government
8 (11%)
Other
4 (5%)

Alameda

65 judges

Prosecutor
24 (37%)
Public Defender
14 (22%)
Private Practice
17 (26%)
Government
7 (11%)
Other
3 (5%)

Contra Costa

37 judges

Prosecutor
16 (43%)
Public Defender
5 (14%)
Private Practice
10 (27%)
Government
4 (11%)
Other
2 (5%)

San Francisco

49 judges

Prosecutor
15 (31%)
Public Defender
12 (24%)
Private Practice
14 (29%)
Government
5 (10%)
Other
3 (6%)

San Mateo

25 judges

Prosecutor
11 (44%)
Public Defender
3 (12%)
Private Practice
7 (28%)
Government
3 (12%)
Other
1 (4%)

Sonoma

16 judges

Prosecutor
7 (44%)
Public Defender
2 (13%)
Private Practice
5 (31%)
Government
1 (6%)
Other
1 (6%)

Solano

15 judges

Prosecutor
7 (47%)
Public Defender
2 (13%)
Private Practice
4 (27%)
Government
1 (7%)
Other
1 (7%)

Marin

10 judges

Prosecutor
4 (40%)
Public Defender
2 (20%)
Private Practice
3 (30%)
Government
1 (10%)
Other
0 (0%)

Napa

6 judges

Prosecutor
3 (50%)
Public Defender
1 (17%)
Private Practice
1 (17%)
Government
1 (17%)
Other
0 (0%)

Why this matters for criminal defense: Judges with prosecution backgrounds tend to favor higher bail amounts, are less receptive to alternative sentencing, and may have different expectations around plea negotiations. Defense attorneys should anticipate these biases when preparing their strategies.

Appointing Governor

In California, the governor appoints all superior court judges. The governor's judicial philosophy shapes bench composition for decades.

Gov. Brown

118

39% of total

Gov. Newsom

113

38% of total

Gov. Schwarzenegger

50

17% of total

Other

18

6% of total

Context: Governor Newsom has appointed over 500 judges since 2019, significantly diversifying the bench. Governor Brown was known for appointing judges with both prosecution and defense backgrounds. Schwarzenegger appointments tended toward candidates with prosecution backgrounds. These appointment patterns directly influence how the bench approaches criminal cases.

Methodology & Sources

Response Rates

The Judicial Council demographic survey is voluntary. Response rates have been approximately 85-90% in recent years. Some judges' demographic data may not be represented, particularly in race and ethnicity categories where judges may choose not to respond.

Disclaimer

This data is for informational and research purposes only. Career background data reflects pre-appointment careers and does not imply bias in judicial decision-making. Retirement projections are estimates based on CalPERS Judicial Retirement System eligibility and may not reflect actual retirement decisions. Vacancy counts are approximate and change frequently as appointments are made and confirmed.