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Regional judicial office

2026 retention election

Associate Justice, First District Court of Appeal, Division Five

Current officeholder

Mark B. Simons

Justice Mark B. Simons currently serves in the San Francisco-based court unit. The Secretary of State lists the next retention vote for November 3, 2026.

Court
First District Court of Appeal, Division Five
Electorate
First Appellate District voters
Court location
San Francisco
Outline map of the California First Appellate District
First Appellate District
i
The gold map shows the appellate district service area used for this retention vote.

Office overview

What voters are deciding

The office, electorate, and court jurisdiction are separate from the record of the person currently holding the office.

Court levelIntermediate appealFirst District Court of Appeal, Division Five
ElectorateFirst DistrictFirst Appellate District voters
Ballot choiceYes or NoNo opposing candidate
Current term endingJanuary 4, 2027Date listed by the Secretary of State
Next scheduled vote

Listed for the 2026 general election, pending certification

Yes or No retention vote

A Yes vote retains the justice in office. A No vote means the justice is not retained in the office.

Current term listed ending
January 4, 2027
Official note
The Secretary of State schedule lists this term ending January 4, 2027. The page will be updated after candidate certification.
California Secretary of State judicial terms schedule →
Official portrait of Mark B. Simons
Official court portrait ↗

Current officeholder

Mark B. Simons

The official court profile and state election schedule identify this justice as the current officeholder. The appointing officeholder is shown from the linked public appointment record.

Role
Associate Justice
Official profile
Since 2001
Oath date
January 29, 2001
Term listed ending
January 4, 2027
Appointed by
Gray DavisGovernor of California, 2001.View appointment source ↗
Read the official biography ↗

General jurisdiction

Types of matters this court hears

These categories describe the court’s work, not a current assignment list for one justice.

Civil appeals

Reviews appealable judgments and orders from superior court civil cases.

Criminal appeals

Reviews criminal judgments and specified post-judgment orders from superior courts.

Family and juvenile appeals

Reviews appealable orders in family, dependency, and delinquency matters.

Original writ proceedings

Considers petitions asking the appellate court for extraordinary relief.

Court colleagues

Other members of this court

Cases are ordinarily decided by three-justice panels drawn from this court unit.

Roster reviewed · Official current justices roster ↗

Past judicial record

Selected authored opinions

A small, subject-diverse set of published majority opinions authored by the justice. This is a reading list, not a rating or complete opinion count.

A170226

C.F. v. Alternative Family Services, Inc.

  • Foster care
  • Negligence

Majority opinion by Simons

The court held that a foster family agency may be liable when it knew or should have known that a particular foster parent posed a risk of abuse. It found the jury instruction too broad but the error nonprejudicial.

ResultJudgment affirmed

Read the court record ↗
A171763

Independent Office of Law Enforcement Review and Outreach v. Sonoma County Sheriff's Office

  • Sheriff oversight
  • Subpoena authority

Majority opinion by Simons

The court held that state law grants qualifying county sheriff-oversight entities subpoena authority and that Sonoma County's oversight office could use it in a whistleblower investigation.

ResultOrder reversed; remanded with directions to enforce subpoenas

Read the court record ↗
A171546

Bartholomew v. Parking Concepts, Inc.

  • Data privacy
  • License-plate readers

Majority opinion by Simons

The court held that collecting and using automated license-plate information without the usage and privacy policy required by statute constitutes harm sufficient to plead a claim under California's license-plate-reader law.

ResultDemurrer ruling reversed in part; otherwise affirmed

Read the court record ↗

Public court records

Calendar, dockets, and opinions

Calendars show scheduled court proceedings, not a personalized list of cases assigned to this justice. This page does not publish an active-case feed.

Oral argument calendar

See the First District’s published oral argument calendar.

Open calendar ↗

Appellate case information

Search Supreme Court and Court of Appeal records by case number or party name.

Search cases ↗

Published and unpublished opinions

Browse the Judicial Branch opinion archive and search by court or case number.

Browse opinions ↗

Public accountability

Judicial discipline

Public accountability records from California’s Commission on Judicial Performance.

Public decisions foundNo public discipline decision located

Search: Mark Simons, all court levels · reviewed

The CJP public decisions database returned 0 records for this exact-name search across all court levels.

Important limit: The database covers public judicial disciplinary cases since 1960. Matters without public charges or public discipline remain confidential, so a zero-result search should not be read more broadly.

News and Press Releases

Updates involving this office

Relevant coverage will be added only after each story and image passes review.

Research status

News and press-release review in progress

Stories will appear after relevance, publication date, source quality, summary, and a usable story image have been verified. No absence of coverage should be inferred from this draft.

Methodology and limits

Data coverage and sources

Coverage is assessed against the records expected for this judicial office page and is updated as new public information is verified.

Current assessmentResearch draft

The office identity, election schedule, court structure, official profile, portrait, colleague roster, and public-record access links have passed the initial source gate.

  • Verified nowOfficeholder, role, court, oath date, term endpoint
  • Verified nowBench size, retention schedule, official biography and portrait
  • Verified nowNamed appointing officeholder and linked appointment source
  • Verified nowExact-name public discipline search and confidentiality limit
  • Verified nowThree years of court- or division-wide workload statistics
  • Verified nowThree selected published majority opinions and neutral summaries
  • In progressRelevant news and press-release review
Assessed August 18, 2026 · Current official records

This draft is not yet cleared for publication. It does not imply that an unfinished section has no records.

Sources used on this page5 source organizations · 17 records
California Secretary of State
California Courts of Appeal
San Francisco Chronicle
Judicial Council of California

9 records from this source are used on the page.

Judicial selection and retention: Official overview of California judicial selection and retentionhttps://newsroom.courts.ca.gov/branch-facts/judicial-selection-how-california-chooses-its-judges-and-justicesAppellate case information: Search Supreme Court and Court of Appeal records by case number or party name.https://appellatecases.courtinfo.ca.gov/Published and unpublished opinions: Browse the Judicial Branch opinion archive and search by court or case number.https://courts.ca.gov/opinionsJudicial Council 2026 Court Statistics Report, table 3: First Appellate District, fiscal year 2024–25https://courts.ca.gov/system/files/file/csr_2026.pdfJudicial Council 2025 Court Statistics Report, table 3: First Appellate District, fiscal year 2023–24https://courts.ca.gov/system/files/file/final_csr_2025.pdfJudicial Council 2024 Court Statistics Report, table 3: First Appellate District, fiscal year 2022–23https://courts.ca.gov/sites/default/files/courts/default/2024-12/2024-court-statistics-report.pdfOfficial California Court of Appeal opinion: C.F. v. Alternative Family Services, Inc., A170226https://www.courts.ca.gov/opinions/documents/A170226.PDFOfficial California Court of Appeal archived opinion: Independent Office of Law Enforcement Review and Outreach v. Sonoma County Sheriff's Office, A171763https://www.courts.ca.gov/opinions/archive/A171763.PDFOfficial California Court of Appeal archived modified opinion: Bartholomew v. Parking Concepts, Inc., A171546https://www.courts.ca.gov/opinions/archive/A171546M.PDF
Commission on Judicial Performance
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