It’s time for Native judges, including on the California Supreme Court | Opinion

California is home to more Native Americans than any other state in the nation. With that distinction comes a responsibility that has long gone unmet: ensuring Native people have a meaningful voice in the judicial system that so often determines the future of tribal nations, cultures and communities.

Yet Native representation on California’s courts — particularly the appellate courts and the state Supreme Court — remains almost nonexistent.

A March 2026 Judicial Council of California survey showed that only five judges in California’s Trial Courts identify as American Indian. That’s less than one-third of 1%, and no justices on the California Courts of Appeal identify as American Indian. Moreover, the California State Bar estimates that only 0.2% of the state’s 196,000 active licensed lawyers identify as American Indian.

It’s clear that greater Native representation is urgently needed in the state courts across all levels.

Native judges bring cultural competence grounded in lived experience — not abstraction. Decisions involving tribal sovereignty, cultural protections, criminal jurisdiction, child welfare, water and land rights require context.

The absence of Native voices on the bench means that rulings affecting Native families and governments are often made without these insights. A justice who understands such dynamics firsthand would strengthen the quality and fairness of the Court’s decisions.

And, as the state with the most Native Americans, California often establishes legal precedent for Indian law matters across the country.

Judicial opinions issued here influence how other states interpret tribal sovereignty, Indian child welfare and the relationship between tribes and states.

Appointing Native justices and increasing the understanding of Indian law on the bench will carry national implications, signaling that the complex legal landscape affecting Indigenous peoples deserves expertise at the highest level.

Third, although the California judiciary has grown more diverse in recent years, Native representation remains nearly invisible. State reports show gains for women and for Asian, Black and Latino judges; yet Native judges continue to be overlooked.

Following the retirement of State Supreme Court Justice Martin Jenkins, Gov. Gavin Newsom has the opportunity to correct this historic imbalance by following the example set in 2022 when the Honorable Sunshine Suzanne Sykes (Navajo Nation) became the first-ever Native American judge confirmed to the U.S. District Court Bench in California.

Sykes is among the Native jurists whose extensive experience with tribal communities and Indian law have prepared her to serve with distinction on the state’s highest court.

Public confidence in the courts is strengthened when the bench is reflective of the people who come before it. A judiciary that excludes Indigenous voices undermines its own legitimacy.

For Native Californians whose histories with state institutions include forced removals, broken treaties and attempted erasure, having a justice who understands tribal sovereignty and cultural identity is foundational to building trust and ensuring equal access to justice.

Newsom has demonstrated his commitment to diversifying California’s courts, but representation for Native communities remains an unfinished chapter.

The next State Supreme Court appointment offers a rare chance to make history, correct generations of exclusion and elevate an experienced jurist with deep experience in tribal law, community leadership and the legal issues that define Native life in this state.

James Siva is chairman of the California Nations Indian Gaming Association and vice chairman for the Morongo Band of Mission Indians in Banning.