---
title: "Marla J. Miller | KnowJudges"
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# Marla J. Miller

California Court of Appeal, First Appellate District · Associate Justice

## Profile

- Court: California Court of Appeal, First Appellate District
- State: California
- Role: Associate Justice
- Service status: former
- Last verified: 2026-08-16

## Summary

Official statewide and applicable court procedural guidance applies to this judge.

## Before you appear

- Read the judge-specific standing order first when one is listed.
- Check the docket and case orders for requirements that supersede broader guidance.
- Confirm current remote-access and courtroom technology arrangements before the proceeding.

## Courtroom Rules

### audiovisual evidence

Scope: statewide

A party offering an electronic sound or sound-and-video recording must provide the court and opposing parties a transcript and provide opposing parties a duplicate of the recording.

Evidence excerpt: the party must provide to the court and to opposing parties a transcript of the electronic recording and provide opposing parties with a duplicate of the electronic recording

[California Rule 2.1040, Electronic recordings presented or offered into evidence](https://courts.ca.gov/cms/rules/index/two/rule2_1040)
Source checked: 2026-07-26

### remote proceedings

Scope: statewide

California courts should permit remote participation in covered civil proceedings, subject to the statute, local rules, and controlling orders.

Evidence excerpt: courts should permit parties to appear remotely at conferences, hearings, and proceedings in civil cases consistent with Code of Civil Procedure section 367.75

[California Rule 3.672, Remote proceedings](https://courts.ca.gov/cms/rules/index/three/rule3_672)
Source checked: 2026-07-26

### remote participants and witnesses

Scope: statewide

Covered civil parties and witnesses may appear remotely, and the court may conduct proceedings in whole or in part using remote technology.

Evidence excerpt: that party or witness may appear remotely and the court may conduct conferences, hearings, and proceedings, in whole or in part, through the use of remote technology

[California Code of Civil Procedure section 367.75](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=367.75.&lawCode=CCP)
Source checked: 2026-07-26

### recording and broadcasting

Scope: statewide

Court proceedings may not be photographed, recorded, or broadcast except as Rule 1.150 permits.

Evidence excerpt: Except as provided in this rule, court proceedings may not be photographed, recorded, or broadcast.

[California Rule 1.150, Photographing, recording, and broadcasting in court](https://courts.ca.gov/cms/rules/index/one/rule1_150)
Source checked: 2026-07-26

### expedited jury trial presentations

Scope: statewide

In expedited jury trials, parties may use slides, electronic presentations, projections, exhibit notebooks, and other methods approved at the pretrial conference.

Evidence excerpt: the parties may present summaries and may use photographs, diagrams, slides, electronic presentations, overhead projections, individual notebooks of exhibits for submission to the jurors, or other innovative methods of presentation approved at the pretrial conference

[California Rule 3.1551, Case presentation](https://courts.ca.gov/cms/rules/index/three/rule3_1551)
Source checked: 2026-07-26

### expedited jury trial pretrial agreements

Scope: statewide

Voluntary expedited jury trial submissions must identify party agreements concerning electronic presentations and other proposed presentation methods.

Evidence excerpt: Any agreements of the parties to use photographs, diagrams, slides, electronic presentations, overhead projections, notebooks of exhibits, or other methods of presenting information to the jury

[California Rule 3.1548, Pretrial submissions for voluntary expedited jury trials](https://courts.ca.gov/cms/rules/index/three/rule3_1548)
Source checked: 2026-07-26

### exhibit admission

Scope: statewide

An exhibit must be admitted by the judge before it may be used in the case.

Evidence excerpt: The judge must to allow you to admit the exhibit as evidence in order for you to use it in your case.

[How to introduce exhibits at a trial](https://selfhelp.courts.ca.gov/how-introduce-exhibits-trial)
Source checked: 2026-07-26


## Sources

- [Official profile](https://appellate.courts.ca.gov/district-courts/1dca/justices)
- [Official roster](https://appellate.courts.ca.gov/district-courts/1dca/justices)
- [Judicial Branch of California official judicial roster](https://appellate.courts.ca.gov/district-courts/1dca/justices)
- [California Rule 2.1040, Electronic recordings presented or offered into evidence](https://courts.ca.gov/cms/rules/index/two/rule2_1040)
- [California Rule 3.672, Remote proceedings](https://courts.ca.gov/cms/rules/index/three/rule3_672)
- [California Code of Civil Procedure section 367.75](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=367.75.&lawCode=CCP)
- [California Rule 1.150, Photographing, recording, and broadcasting in court](https://courts.ca.gov/cms/rules/index/one/rule1_150)
- [California Rule 3.1551, Case presentation](https://courts.ca.gov/cms/rules/index/three/rule3_1551)
- [California Rule 3.1548, Pretrial submissions for voluntary expedited jury trials](https://courts.ca.gov/cms/rules/index/three/rule3_1548)
- [How to introduce exhibits at a trial](https://selfhelp.courts.ca.gov/how-introduce-exhibits-trial)
- [Governor Newsom announces Judicial Appointments 9.18.2026](https://www.gov.ca.gov/2026/09/18/governor-newsom-announces-judicial-appointments-9-18-2026/)

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## Biography

### Professional career

- Associate Justice of the First District Court of Appeal, Division Two, appointed in 2014 and serving until 2031, with a career spanning judicial, prosecutorial, and private legal roles
- Note: Governor Gavin Newsom announced in September 2026 that Brian Goldman will replace Justice Miller on October 2, 2026
- 2005–2014: Judge, San Francisco County Superior Court — handled criminal and civil jury/bench trials, preliminary hearings, and the law & motion department
- Assistant U.S. Attorney (1987–1992) in the Northern District of California’s criminal division
- Law clerk to Judge Charles M. Merrill on the U.S. Court of Appeals for the Ninth Circuit (1980–1981)
- served briefly as a pro tem Justice in Division Five of the First District Court of Appeal
- Chief Assistant District Attorney in San Francisco
- Director at Howard, Rice, Nemerovski, Canady, Robertson & Falk, chairing its litigation department
- Partner at Morrison & Foerster LLP specializing in complex civil litigation

### Education

- Harvard Law School, cum laude — J.D. (1980)
- Harvard University, Phi Beta Kappa — B.A. (1976)

### Additional information

- First District Court of Appeal, Division Two since November 2014, appointed by Governor Jerry Brown and confirmed by the Commission on Judicial Appointments
- Harvard Law Review editor
- She has been active in professional and civic organizations, including as past president of the Edward J. McFetridge American Inn of Court and the San Francisco Women Lawyers Alliance
- Miller is a member of the Judicial Council Civil Jury Instructions Advisory Committee and the California Supreme Court Committee on Judicial Ethics Opinions, and has chaired the California Supreme Court Advisory Committee on the Code of Judicial Ethics
- She has also served on the Judicial Council Access and Fairness Advisory Committee and the executive committee of the San Francisco Superior Court

