By Diane Skouti Baiza, Alumni Liaison
Tens of thousands of trial court decisions are appealed to the California Court of Appeal each year. With the exception of death penalty appeals or novel cases where questions of law are in dispute, the buck stops at the Court of Appeal.
The recent confirmation of Judge Amy Guerra (Law ’07) to the 5th District Court of Appeal, Fresno, looks to be a perfect fit. Citing a deep love for legal research and writing, Judge Guerra says her undergrad studies in Cultural Anthropology (in addition to law school of course) provided good preparation for the tasks of an appellate justice. “Open-mindedness, observation without judgement, and understanding diverse perspectives” are cornerstones in that arena and have served her well throughout her law career.
An uncanny fortitude has also served her well. During her studies at SJCL, Judge Guerra had a 2-year-old, a 4-year-old, and a newborn baby at home! She was eight months pregnant when she took the bar exam.
Since her appointment by Governor Newsom in February of 2026, Judge Guerra has had plenty of time to ponder the magnitude of the job. Her early interest in law was cemented after college by her experience working with the AmeriCorps Vista service in West Fresno. She did community work that focused on economic development, access to financial institutions, and financial literacy for underserved communities.
She says after law school she entered criminal trial work “by accident.” She served as a chief defense attorney for the Fresno County Alternate Defense Office at Richard Ciummo and Associates, where they offered a good work-life balance that suited her young family. She practiced there for 11 years. Then in 2018 she was appointed trial judge by then Governor Jerry Brown and served on the Fresno County Superior Court until becoming a pro tem justice at the Court of Appeal in October of 2025. It was an experience she describes as “invaluable, meaningful, and formative.”
“I’m extremely grateful to have had the opportunity to better understand the responsibilities of the position before my appointment,” she says. “I value both the relationships and learning experience it brought.”
Judge Guerra joins nine other justices on the 5th District appellate bench and earns the distinction of being the first SJCL graduate to do so. Tasked mainly with ensuring that trial courts properly interpret the law and used correct procedures during original trials, appellate court justices must painstakingly scrutinize the written records of each trial. As noted in the Code of Judicial Ethics: “All justices must be faithful to the law regardless of partisan interests, public clamor or fear of criticism.”
In order to ensure cases are examined from several perspectives, each appeal is considered by a panel of three justices. The justices are assisted in their review by the parties’ written and oral arguments. A majority of the justices must agree on any decision. If they decide to reverse the trial court’s decision, the appellate court nearly always allows the trial court to rehear the case using the correct law and procedures.
The appellate justices of the 5th District cover a jurisdiction that spans nine counties throughout Central California. They are appointed by the governor and confirmed by the Commission on Judicial Appointments.
As a last resort for people who lose their case in trial, the appellate court is an important component in the accurate application of law. In Frank Cross’s book Decision Making in the U.S. Courts of Appeals (2007), Cross notes that the circuit courts are “much more important in setting and enforcing the law of the United States [than the Supreme Court].” With the Supreme Court deciding around 75 cases a year, the circuit courts resolve more than fifty thousand cases a year. “In large measure,” Cross continues, “It is the circuit courts that create U.S. law. They represent the true iceberg, of which the Supreme Court is but the most visible tip.”
We congratulate Justice Amy Guerra on this significant accomplishment and the new and essential role she fulfills.