Judge Robert J. Kearney

Judge Robert J. Kearney has served on the San Diego County Superior Court since his appointment by Governor Jerry Brown in January 2013, giving him over a decade of bench experience. He earned his law degree from California Western School of Law, a San Diego-based institution known for producing practitioners deeply embedded in the local legal community. His longevity on the bench — now exceeding eleven years — suggests a judge who has developed consistent procedural expectations and a well-settled judicial temperament. Judges appointed by Governor Brown were generally selected with an emphasis on diversity of background and demonstrated community engagement, though the specific nature of Kearney's pre-appointment practice (prosecution, civil litigation, or defense) is not confirmed in available records. The most concrete data point available is his presiding over People v. Janks, a serious felony matter that resulted in a life sentence for a defendant convicted of murdering his former stepfather, reported in March 2023. This indicates that Judge Kearney handles serious criminal matters and is willing to impose severe sentences where the facts and law support them. It also suggests familiarity with complex evidentiary issues, victim impact considerations, and the procedural demands of high-stakes criminal trials. Because no ruling analyses, attorney observations, or ingested content are available beyond these baseline profile facts, this intelligence narrative is necessarily inferential and should be treated as a starting framework rather than a definitive behavioral profile. Attorneys should supplement this analysis with direct inquiry to colleagues who have appeared before Judge Kearney and with review of any publicly available minute orders or transcripts from his department.

Given Judge Kearney's decade-plus tenure on the San Diego Superior Court, attorneys should approach his courtroom with the assumption that he has seen virtually every procedural maneuver and argument style and will have little patience for tactics that appear designed to delay or obfuscate rather than resolve. Long-tenured judges typically reward concise, well-organized presentations that respect the court's time. Lead with your strongest legal authority and your clearest factual narrative — do not bury the lede in lengthy recitations of procedural history. The People v. Janks case, while limited in detail, confirms that Judge Kearney presides over serious criminal matters and is comfortable with the weight of consequential rulings. In criminal proceedings before him, defense counsel should ensure that mitigation arguments are thoroughly documented and presented with specificity rather than generality. Prosecutors should be equally precise in establishing the factual record, as a judge experienced with life-sentence cases will scrutinize the evidentiary foundation carefully. For civil practitioners, the inference from his profile is that a judge appointed in 2013 and still active has developed strong preferences around motion practice and courtroom decorum. Prepare thorough written submissions, anticipate counter-arguments in your briefs, and avoid oral argument that simply repeats what is already in the papers. Demonstrating that you have genuinely engaged with the opposing party's strongest points will likely resonate more than dismissive treatment of adverse authority.

• critical

  Conduct peer outreach to attorneys with Kearney experience

  Given the absence of documented ruling patterns, the single most valuable preparation step is speaking directly with San Diego practitioners — particularly criminal defense attorneys and prosecutors — who have appeared before Judge Kearney. The San Diego County Bar Association and local criminal defense bar are good starting points.

• critical

  Review publicly available minute orders and transcripts

  Search the San Diego Superior Court's online case portal and any available Trellis or CourtListener records for minute orders, tentative rulings, or hearing transcripts from Judge Kearney's department. Even procedural orders can reveal preferences about briefing, continuances, and oral argument.

• important

  Prepare tightly organized written submissions

  For a judge with over a decade of experience, well-structured briefs with clear headings, concise statements of the issue, and direct citation to controlling authority are essential. Avoid padding. Assume he will read the papers carefully before the hearing.

• important

  Anticipate sentencing and evidentiary rigor in criminal matters

  If appearing in a criminal case, prepare for a judge who has handled serious felonies including life-sentence cases. Ensure all evidentiary foundations are airtight, sentencing memoranda are detailed, and any mitigation or aggravation arguments are supported by specific record citations.

• important

  Review San Diego Superior Court local rules for his department

  Check the court's website for any department-specific rules, standing orders, or scheduling preferences associated with Judge Kearney's courtroom. Local rules can govern everything from ex parte notice requirements to the format of proposed orders.

• Nice

  Prepare concise oral argument outline

  Experienced judges often limit or redirect oral argument. Prepare a prioritized outline that allows you to make your three most critical points in under five minutes, with the ability to expand if invited to do so.

• ›Arrive early and be fully prepared before the matter is called — a judge with over a decade on the bench will notice and remember attorneys who are disorganized or unprepared at the podium.
• ›Address the court formally and avoid interrupting opposing counsel or the judge; experienced judges expect professional decorum and may express displeasure at incivility on the record.
• ›Do not repeat arguments already made in your written submissions during oral argument — assume the judge has read the papers and use hearing time to address questions, clarify key points, or respond to the court's concerns.
• ›When citing authority, be precise — provide accurate citations and do not mischaracterize holdings, as a judge experienced in serious criminal matters will be alert to overstatement of legal propositions.
• ›If you do not know the answer to a question from the bench, say so and offer to provide supplemental briefing rather than speculating — candor is consistently valued by long-tenured judges.