Patricia D. Benke, Associate Justice

Justice Patricia D. Benke was appointed to the Fourth District Court of Appeal, Division One in May of 1987 by Governor George Deukmejian.

Judicial and Professional History

Justice Benke began her legal career as a Deputy Attorney General for the State of California (1974-1983). She represented the state in appeals in the United States Supreme Court, California Supreme Court and in the Fourth District Court of Appeal, Divisions One (San Diego), Two (San Bernardino) and Three (Orange County). She served as a trial attorney on special assignment to the San Diego District Attorney's Office and Imperial County District Attorney's Office. She served on the Attorney General's Legislative Task Force reviewing all proposed legislation affecting appellate procedure, probation and parole. She was the Attorney General's Representative to the State Conference on the Judiciary, Blue Ribbon Task Force on Probation and Parole and served as the Attorney General's representative to district attorney regional conferences. She co-compiled the Peace Officers' Penal Code, a reference book used statewide by law enforcement officers in the field. Justice Benke is a former state president of the California Association of Deputy Attorneys General.

In July of 1983 following her nine years with the State Attorney General's Office, Governor George Deukmejian appointed her to the San Diego Municipal Court where she presided over special departments, felony preliminary hearings, and criminal and civil trials.

In June of 1985 Governor Deukmejian appointed her to the San Diego Superior Court. As a superior court judge she heard criminal and civil trials and presided in the departments of family law and motion, and civil law and motion. Voters elected her to the Superior Court position in 1986.

In May of 1987 Governor Deukmejian elevated Justice Benke to her current position as an Associate Justice. She was the first woman appointed to Division One of the Fourth District Court of Appeal. She was confirmed by the Commission on Judicial Appointments and took her oath of office on June 3, 1987. Voters confirmed Justice Benke as an associate justice on November 6, 1990 and she was reconfirmed by voters on November 8, 1994.

Professional Activities

Justice Benke's judicial activities include appointment by the Chief Justice to the California Judicial Council, a statewide body charged with improving the administration of justice in California. She served on judicial advisory committees including those examining the future of appellate courts and the adequacy of payment to attorneys representing the indigent. The Chief Justice most recently appointed Justice Benke to his Advisory Committee on Rules for Publication of Court of Appeal Opinions (2005).

Throughout her career Justice Benke has participated in teaching and lecturing on the law and alternatives to litigation. She has served as a resident faculty member and adjunct professor of law, specializing in appellate writing, criminal law and advanced criminal procedure. Justice Benke has lectured on legal developments in civil proceedings. She designed and taught a series of lectures on alternative dispute resolution for the University of California, San Diego.

Justice Benke is an advocate of adult and second career education. She currently serves as a core adjunct professor in National University's Department of Business and Management, where she teaches business ethics and business management skills. She served as a professor in the university's Masters in Leadership Track. Justice Benke is a participant in the school's volunteer mentor program.

Community Involvement

Justice Benke serves on the Dean's Advisory Council for San Diego State University, and is a former member of the Board of Directors for the Alumni Association of the University of San Diego Law School. She is a former trustee for Francis Parker School.

Before her appointments to the bench Justice Benke was a member of San Diego's Park and Recreation Board, which advises the San Diego City Council and mayor on development and maintenance of the parks and recreation facilities in the city. She served as the Board's Chairperson on Balboa Park. She is a former political writer and analyst for KPBS television, San Diego's public television station.

Education and Admission to Practice

Justice Benke received her law degree in 1974 from The University of San Diego School of Law where she served as the managing editor of the San Diego Law Review. She was awarded her bachelor's degree in 1971 from San Diego State University with Highest Honors and Distinction in the Field of Political Science.

She was admitted to practice before the California Bar, the Federal District Court for the Southern District of California, the Ninth Circuit Court of Appeals, and the Supreme Court of the United States.

Personal

Justice Benke was born on April 15, 1949. She married her husband Don in 1971. They have two grown children.

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