Hon. Joshua Weinstein (Ret.)


Judge Weinstein joined ADR Services, Inc. in 2019 after an accomplished legal career spanning 33 years. After earning his J.D. from Golden Gate University School of Law in 1985, Judge Weinstein began his legal career as a research attorney for the Santa Clara County Superior Court. He then served as a Deputy Public Defender before eventually working as a training supervisor for the Washington Appellate Defender Association from 1990 to 1994. In 1994, he joined the Sixth District Appellate Program as a staff attorney, a position he held for the next four years.

Judge Weinstein joined the Judicial Council of California as a senior attorney in 1998. He practiced there for nine years, in addition to serving as a Judge Pro Tem for the Counties of Alameda, Marin, San Francisco, and Santa Clara. During this time, he also acted as a Special Master for the San Francisco Superior Court, conducting reviews of police personnel files in Pitchess motions. He also served as a visiting professional at the International Criminal Court at The Hague.

Upon his return to the United States in 2008, Judge Weinstein became a judicial staff attorney for the First District Court of Appeal, a position he held until he was appointed to the bench in 2014.

As a Judge of the Santa Clara County Superior Court, Judge Weinstein presided over criminal, appellate, and family law matters and served as Presiding Judge of the Appellate Division, eventually capping his judicial career as an All Purpose Judge of the Family Court, handling a wide variety of family law matters.

Judge Weinstein is available to serve as a Mediator, Arbitrator, Judge Pro Tem, and Discovery Referee throughout Northern California.


  • Character, Value and Division of Property
  • Child and Spousal Support
  • Custody and Visitation, including Move-Away
  • Post-Trial Disputes
  • Premarital and Marital Agreements
  • Tracing
  • Transmutation


Judge, Superior Court of California, County of Santa Clara (2014-2019)

Family Court, All Purpose Judge (2015-2016, 2019)
Appellate Division, Judge (2016-2017), Presiding Judge (2018)
Criminal Division, Felony Law and Motion and Habeus Corpus (2017)
Criminal Division, Misdemeanor Judge (2014), Misdemeanor Supervisor (2016)

Special Master, Superior Court of California, County of San Francisco (2003-2005)

Conducted review of police personnel files in Pitchess motions filed between 1998 and 2002 to determine whether SFPD followed appropriate procedures.

Commissioner Pro Tem and Judge Pro Tem, Superior Court of California, Counties of Alameda, Marin, San Francisco, Santa Clara (1999-2006)

Presided over traffic and small claims calendars.


Judicial Staff Attorney, First District Court of Appeal, Division Two (2008-2014)

Reviewed, researched, and analyzed writ petitions in civil and criminal cases and advised the justices of Division Two on recommended disposition. Duties also included preparing bench memoranda in published and unpublished cases.

Senior Attorney, Judicial Council of California, Administrative Office of the Courts (1998-2007)

Provided legal and policy advice to the Judicial Council of California and subcommittees, primarily in criminal and family law. Other areas of specialization included appellate procedure, technology and the courts, and public access to court records.

Staff Attorney, Sixth District Appellate Program (1994-1998)

Supervised panel attorneys representing indigents in criminal appeals and represented indigent criminal defendants throughout the appellate process.

Training Supervisor and Staff Attorney, Washington Appellate Defender Association (1990-1994)

Deputy Public Defender, Seattle-King County Public Defender Association (1989-1990)

Deputy Public Defender, Santa Clara County Public Defender (1987-1989)

Research Attorney, Criminal Division, Santa Clara County Superior Court (1986-1987)


Visiting Professional, International Criminal Court, The Hague, Netherlands (2007)

Assisted three-judge panel in preparing for the ICC’s first trial by researching and analyzing trial preparation and procedure issues, which involved reconciling inherent structural conflicts in the enabling statute (Rome Statute of the International Criminal Court, 1998) that embraced both the “common law” advocacy based system with the court driven “civil law” system.


  • J.D., Golden Gate University School of Law (1985)
  • B.S. in Broadcasting and Film, Political Science minor (1982)


  • Member, Committee on Judicial Administration, California State Bar (2009-2012)
  • Member, Inn of Court (2008-2010), Executive Committee (2009)
  • Member, State Bar of California working group to revise the 1990 guidelines on indigent defense services delivery systems (2003-2004)
  • Member, San Francisco Community College Sunshine Ordinance Advisory Task Force (2002)
  • Member, Juvenile Justice Task Force, Bar Association of San Francisco
  • Member, San Francisco Domestic Violence Death Review Team (1999-2002)
  • Member, Attorney General’s task force on post-conviction testing and evidence retention under SB 1342 (2001)
  • Member, Bar Association of San Francisco Judiciary Committee (1999-2001)

Representative Cases

Family Law

  • Mediated hundreds of custody and visitation disputes. Issues included high conflict cases with significant issues of parent alienation; abuse allegations; international, inter-state, and intra-state move-away requests; school choice issues; and cases involving complex and serious physical and mental health issues.
  • Resolved dozens of complex property issues including the character, value and division of property.
  • Handled hundreds of child support, spousal support, and attorney fee requests. Issues included self-employment and income tax write offs, cash wages, investment and rental income, stock options, depreciation, family gifts, loans, disability, vocational evaluations, and imputed income.
  • Handled hundreds of cases involving date of separation, validity and enforceability of pre- and post-marital agreements, alleged breach of fiduciary duties, clarification of prior court orders and agreements, and failure to disclose assets.
  • Addressed complex, high-value financial disputes, including imputing income on tens of millions dollar assets, characterization and valuation of hundred million dollar businesses, determining validity of inter-spousal transfers and quit claims, apportionment of mixed-character properties, Epstein credits and Watts charges, apportionment and characterization of stock options and RSUs, and pre-judgment liquidation of assets to avoid unreasonable market risks.
  • Handled dozens of challenges to martial settle agreements, including out-of-state and out-of-country agreements regarding complex financial matters, custody and visitation arrangements, and support issues.
  • Resolved dozens of cases involving intra-state, inter-state and international jurisdictional issues.
  • Addressed liquidation and distribution of assets from the sale of various assets including homes, investment properties, and businesses in dozens of cases.
  • Resolved matters addressing the intersection of estate-planning and disillusion proceedings.
  • Determined whether martial settlement agreement to pay spousal support to Harvard Law School graduate husband was valid given his incarceration for kidnapping and rape.
  • Addressed hundreds of requests ranging from $5,000 to $750,000 for attorney’s fees, both needs-based under Family Code section 2030 and as sanctions under Family Code section 271.
  • Handled dozens of cases regarding appointment of retirement accounts, including 401k, 457b, IRAs, and QDROs.

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“Incredibly effective. Kept parties calm and focused on settlement, but also appropriately pressed on parties/counsel where important.”