Tips from the Bench: Justice Patricia Benke

After 34 years of serving as a justice for the Fourth District Court of Appeal, Division One, Justice Patricia Benke retired July 31. Rather than referring to her next move as “retirement,” Justice Benke describes her next step as “resetting.” Justice Benke plans to participate in the Temporary Assigned Judges Program (TAJP) of the Judicial Council of California following her reset from the bench. She explains the program is designed to assign retired judges or justices to assist with the calendar congestions in the courts.

Aside from assisting in the TAJP, Justice Benke plans to continue teaching for National University, where she has been teaching in the Criminal Justice Department for the past few years. Justice Benke also plans to continue with her volunteer work at the Helen Woodward Animal Center, where she assists with therapeutic equestrian riding for people with special needs.

It is no surprise Justice Benke is highly recognized for her trial and appellate work given her rapid rise to the bench. Justice Benke came to the judiciary nearly 38 years ago in July 1983 after being appointed by Governor George Deukmejian, whom she worked alongside at the beginning of her legal career. Justice Benke began her career as a deputy attorney general for the State of California after graduating from the University of San Diego School of Law in 1974, where she served as the managing editor of the San Diego Law Review.

She recounts her time at the Attorney General’s Office as a “monumental” kickstart to her legal career because of the practical experience she gained. The policy of the Attorney General’s Office was “if you worked a case up, you went with it and saw it through even if that meant arguing in front of the California Supreme Court your first year.” Not only did Justice Benke have the opportunity to argue in front of the California Supreme Court, but she went on to handle and try an array of cases as a deputy attorney general.

Of distinction, Justice Benke was the first-ever woman appointed to the Fourth District Court of Appeal, Division One and was the youngest person ever appointed to any California court of appeal. Justice Benke recalls being pregnant with her first-born child when she first joined the bench in 1983: “Big changes were happening for women when I was appointed to the bench.” To no surprise, she was also nominated twice as a candidate for the California Supreme Court in 1986 and 1988.

Although Justice Benke did not grow up in a family of attorneys, she was always drawn to the idea of becoming an attorney. “I always wanted to be an attorney and a judge,” she said. “I enjoyed arguing with my dad.”

Outside her service to the bench, Justice Benke published a series of novels throughout the years and received the National Hoffer Award and San Diego Book Award for her short story collections. Her most recent published book, Qudeen the Magnificent, is a book about 12 compelling stories of young girls in conflict with their Arabic culture and the world around them. Justice Benke loves to write and will continue writing as she steps down from the bench.

Justice Benke advises new attorneys to maintain a balanced life throughout their legal careers and “find hobbies or activities that keep you grounded outside of the law.” She encourages attorneys to “not lose track of the importance of your career, no matter what level or position you have because you have an ethical obligation to hold society together.” Justice Benke strongly believes attorneys have an obligation to make their communities a better place through their practice.

A piece of advice Justice Benke wants law students and new attorneys to remember is that “everything circles back” and you should “be sure that you are the person you want to be in your legal career.” While reminiscing on her time on the bench, Justice Benke also advises new attorneys to “be kind.” She explains that in practice, “you are always trying to get to point C and you have two or three ways of getting there. But to remember to be kind, regardless of which path you take.”