Roger T. Benitez: U.S. District Judge in San Diego

U.S. District Judge Roger T. Benitez retired from the U.S. District Court for the Southern District of California on April 2, 2026, concluding nearly 22 years of service as a district judge. According to reporting from the San Diego Union-Tribune, Benitez attributed his decision to retire to his age, health, and a desire to spend more time with his children and grandchildren.

Following his retirement, Benitez has begun working as a mediator and arbiter for ADR Services.

Judicial Record and Second Amendment Rulings

Throughout his tenure, Benitez became a prominent and polarizing figure in the federal judiciary, particularly for his rulings on firearms legislation. He frequently struck down California state gun control laws, which established the Southern District of California as a preferred venue for gun-rights organizations seeking to challenge state weapons laws.

Among his most notable decisions was a ruling that struck down California’s long-standing ban on assault weapons. In that specific ruling, Benitez compared the AR-15 rifle to a Swiss Army knife.

These rulings drew significant criticism from state officials and advocates for stricter gun control. Governor Gavin Newsom previously described Benitez as a stone-cold ideologue.

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Governor Gavin Newsom

When asked for a reaction to the retirement on April 12, 2026, a spokesperson for Governor Newsom, Diana Crofts-Pelayo, stated that the administration hopes Benitez has the retirement he deserves.

Courtroom Controversy

Beyond his legislative rulings, Benitez’s judicial conduct was the subject of a rare reprimand in 2024. The reprimand followed an incident in his San Diego courtroom where Benitez ordered that a defendant’s teenage daughter be handcuffed in an effort to scare her straight.

Professional Career and Education

Born in Havana, Cuba, in 1950, Benitez followed an academic path in California, earning an Associate of Arts degree from Imperial Valley College in 1971 and a Bachelor of Arts degree from San Diego State University in 1974. He received his Juris Doctor in 1978 from the Western State University College of Law in San Diego, an institution now known as the Thomas Jefferson School of Law.

Benitez spent nearly two decades in private practice in Imperial County, California, from 1978 to 1997. He then served as a judge for the Superior Court of California in Imperial County from 1997 to 2001. During this period, he also served as an instructor at Imperial Valley College from 1998 to 1999.

His federal judicial service began in 2001 when he was appointed as a U.S. Magistrate judge for the U.S. District Court for the Southern District of California.

President George W. Bush nominated Benitez to a new seat on the U.S. District Court for the Southern District of California on May 1, 2003. The seat was authorized by 116 Stat. 1758. The Senate confirmed his appointment on June 17, 2004, and his commission was issued on June 21, 2004.

Benitez assumed senior status on December 31, 2017, which allowed him to maintain a lighter caseload. He served as a member of the U.S. Judicial Panel on Multidistrict Litigation from 2020 until 2026.