How vacancies are filled in state intermediate appellate courts
Methods of judicial selection |
---|
Election methods |
Partisan election |
Nonpartisan election |
Michigan method |
Retention election |
Assisted appointment |
Assisted appointment |
Bar-controlled commission |
Governor-controlled commission |
Hybrid commission |
Direct appointment |
Court appointment |
Gubernatorial appointment |
Legislative election |
Municipal government selection |
The process for filling vacancies on state intermediate appellate courts varies among states. In most states, the governor appoints a replacement justice, either outright or with assistance from a nominating commission. This is different from the process in state legislatures, where half of states use elections to fill vacancies.
The most common reasons for a vacancy on a state supreme court include reaching the mandatory retirement age, retiring before the end of a term, death, or appointment to another office.
To learn more about how vacancies are filled in other state and federal offices, click the following links: U.S. Senate, U.S. House, governors, state legislatures, and state supreme courts.
How are vacancies filled on state intermediate appellate courts?
The map below highlights how vacancies are filled in state intermediate appellate courts across the country.
Policies by state
Alabama
- See also: Judicial selection in Alabama
Court of Civil Appeals
Should a vacancy occur between regularly scheduled elections, which take place in November of even-numbered years, an interim judge is appointed by the governor. Any judge appointed in this fashion must then stand for election in the next general election occurring at least one year after taking office.[1][2]
Court of Criminal Appeals
Should a vacancy occur between regularly scheduled elections, which take place in November of even-numbered years, an interim judge is appointed by the governor. Any judge appointed in this fashion must then stand for election in the next general election occurring at least one year after taking office.[1][2]
Alaska
- See also: Judicial selection in Alaska
The process of filling interim judicial vacancies is identical to that of filling ones that would occur at the end of a justice's term. The governor appoints a justice from a pool of names provided by the nominating commission. After occupying the seat for at least three years, the appointee runs in an uncontested yes-no retention election and, if retained, will serve a subsequent term of eight years.[3][4]
Arizona
- See also: Judicial selection in Arizona
If a midterm vacancy occurs on the court, the seat is filled as it normally would be if the vacancy occurred at the end of a judge's term. Potential judges submit applications to the Arizona Commission on Appellate Court Appointments, and once the commission has chosen a slate of nominees, the governor picks one from that list. After occupying the seat for two years, the newly appointed judge stands for retention in the next general election. The judge then serves a full six-year term if he or she is retained by voters.[5]
Arkansas
- See also: Judicial selection in Arkansas
In the event of a midterm vacancy, an interim judge is selected by the governor. This appointee will serve until the next general election taking place four or more months after the vacancy occurred.[6]
California
- See also: Judicial selection in California
Vacancies are filled by gubernatorial appointment. Appointed judges are required to participate in yes-no retention elections occurring at the time of the next gubernatorial race, which is held every four years.[7]
Colorado
- See also: Judicial selection in Colorado
If a midterm vacancy occurs on the court, the seat is filled as it normally would be if the vacancy occurred at the end of a judge's term. A judicial nominating commission recommends to the governor three qualified candidates for an appellate court vacancy (two or three for a trial court vacancy), and the governor selects a successor from that list. After occupying the seat for two years, the newly appointed judge stands for retention in the next general election. The judge then serves a full eight-year term if he or she is retained by voters.[8]
Connecticut
- See also: Judicial selection in Connecticut
If a midterm vacancy occurs on the court, the seat is filled as it normally would be if the vacancy occurred at the end of a judge's term. A judicial nominating commission recommends qualified candidates to the governor and the governor selects a successor from that list with legislative approval. The new appointee serves an eight-year term.[9]
Florida
- See also: Judicial selection in Florida
If a midterm vacancy occurs, the seat is filled as it normally would be if the vacancy occurred at the end of a judge's term. A judicial nominating commission recommends three to six qualified candidates to the governor, and the governor selects a successor from that list. The new appointee serves for at least one year before running in a yes-no retention election. If retained, judges serve six-year terms.[10]
Georgia
- See also: Judicial selection in Georgia
If a vacancy appears on the court, the position is filled by assisted appointment. The governor chooses an appointee from a list of qualified candidates compiled by the judicial nominating commission. As of March 2023, the judicial nominating commission consisted of 35 members, each appointed by the governor. For each court vacancy, the commission recommends candidates, but the governor is not bound to the commission's choices and may choose to appoint a judge not found on the list.[11] If appointed, an interim judge must run in the next general election held at least six months after the appointment, and, if confirmed by voters, he or she may finish the rest of the predecessor's term.[12][13][14]
Hawaii
- See also: Judicial selection in Hawaii
If a midterm vacancy occurs, the position is filled just as it would be if the vacancy occurred at the end of a judge's term. The governor appoints a successor from a list provided by a nominating commission, and the appointee faces confirmation from the state Senate. Newly appointed judges serve full 10-year terms.[15]
Idaho
- See also: Judicial selection in Idaho
If a midterm vacancy occurs on the court, an interim judge is appointed by the governor from a list of two to four names provided by a nominating commission. This judge will serve out the remainder of the unexpired term, after which he or she must run in a nonpartisan election to remain on the court.[16]
Illinois
- See also: Judicial selection in Illinois
In the event of a midterm vacancy, the Illinois Supreme Court is responsible for appointing an interim judge. If a judge is appointed more than 60 days before the next primary election, the judge must run in a partisan election in the next general or judicial election to remain on the court. The appointed judge's term will end on the first Monday in December after their election. If a judge is appointed less than 60 days before the next primary election, the judge will have to run in a partisan election to remain on the court in the second general election. The appointed judge's term will end on the first Monday in December after their election.[17]
Indiana
- See also: Judicial selection in Indiana
If a midterm vacancy occurs on the court, the position is filled as it normally would be had the vacancy occurred at the end of a judge's term. The Indiana Judicial Nominating Commission provides the names of three nominees to the governor, who must then select a judge from that list.[18][19] The new appointee serves at least two years following his or her initial appointment and must stand for retention at the first statewide general election to remain in office.[20]
Iowa
- See also: Judicial selection in Iowa
If a midterm vacancy occurs on the court, the seat is filled as it normally would be if the vacancy occurred at the end of a judge's term. A judicial nominating commission recommends qualified candidates to the governor and the governor selects a successor from that list. The new appointee serves for at least one year and then stands for retention.[21]
Kansas
- See also: Judicial selection in Kansas
If a midterm vacancy occurs on the court, the position is filled as it normally would be had the vacancy occurred at the end of a judge's term. The governor appoints a new judge, who must be confirmed by the Kansas State Senate. He or she then serves at least one year following his or her initial appointment and must stand for retention at the next statewide general election to remain in office.[22]
Kentucky
- See also: Judicial selection in Kentucky
If a midterm vacancy occurs, the governor appoints a successor from a list of three names provided by the Kentucky Judicial Nominating Commission. If the term the appointee will fill expires at the next election, the appointment is for the remainder of the term. If the term does not expire at the next election and that election is more than three months away, the appointee must stand for election, and the election is for the remainder of the unexpired term. If the term does not expire at the next election, but the election is less than three months away, the appointee must stand for election in the election following the next. The election is for the remainder of the unexpired term, if any; if none of the term is left, the election is for a full term.[23]
Louisiana
- See also: Judicial selection in Louisiana
Per Article V of the Louisiana Constitution, midterm vacancies are to be temporarily filled by the supreme court. Within one year of the opening, a special election (called by the governor, preferably on the date of a preexisting gubernatorial or congressional election) is to be held. If the supreme court has appointed a successor, that appointee may not run for the seat in the special election. The justice elected at the special election will serve the remainder of the unexpired term.[24][25][26][27]
Maryland
- See also: Judicial selection in Maryland
If a midterm vacancy occurs on the court, the seat is filled as it normally would be if the vacancy occurred at the end of a judge's term. A judicial nominating commission recommends qualified candidates to the governor and the governor selects a successor from that list. The new appointee serves for at least one year and then stands for retention at the next general election. If retained, a judge wins a full term of ten years.[28]
Massachusetts
- See also: Judicial selection in Massachusetts
Vacancies on the appeals court are filled by the governor with council approval and serve until age 70.[29]
Michigan
- See also: Judicial selection in Michigan
The process for filling vacancies on the appeals court is identical to that used by the supreme court. With the assistance of the judicial qualifications committee, the governor names a replacement to serve until the next general election.[30]
Minnesota
- See also: Judicial selection in Minnesota
Interim vacancies on the appeals court are filled via gubernatorial appointment. After serving for at least one year, the appointed judge can run for a full term in the next general election.[31] Other candidates may file to run against them in the election.[32]
Mississippi
- See also: Judicial selection in Mississippi
If a midterm vacancy occurs on the court, a temporary judge is named by the governor. Appointees serve out the remainder of their predecessor's unexpired term if four or fewer years of the term remain. If there are more than four years remaining, the appointee will run in the next general election, taking place nine months or more after the vacancy occurs. The winner of the election will serve the remainder of the term.[33]
Missouri
- See also: Judicial selection in Missouri
When a vacancy occurs, a list of potential candidates is compiled by the Missouri Appellate Judicial Commission and narrowed to three choices. From those three candidates, the governor appoints a new judge. After the newly appointed judge serves for at least one year, they must stand for retention in the next general election. If retained, they serve twelve-year terms.[34]
Nebraska
- See also: Judicial selection in Nebraska
When a vacancy occurs on the Nebraska Court of Appeals, a judicial nominating commission submits the names of at least two qualified nominees to the governor, who appoints one to fill the vacancy. If the governor does not appoint one of the nominees within 60 days, the chief justice of the supreme court is authorized to select a new judge.[35]
Nevada
- See also: Judicial selection in Nevada
In the event of a midterm vacancy, the Nevada Commission on Judicial Selection solicits and screens applicants. The commission presents a list of three nominees to the governor, who appoints one to fill the vacancy until the next general election. If the predecessor's term is not expiring that election cycle, the appointed judge must win the election to the court to serve the remainder of the unexpired term.[36]
New Jersey
- See also: Judicial selection in New Jersey
The judges of the New Jersey Superior Court, Appellate Division are superior court judges assigned to the appellate division by the chief justice of the supreme court.[37]
New Mexico
- See also: Judicial selection in New Mexico
In the event of a midterm vacancy, the governor appoints a judge from a list of qualified candidates recommended by a judicial nominating commission. The appointed judge will serve until the first general election held one year after their appointment. The appointee must run in that general election to serve the remainder of the unexpired term.[38]
New York
- See also: Judicial selection in New York
Midterm vacancies are filled by the same appointment method used at the expiration of a full term. The governor appoints justices to the appellate division from a list of recommendations supplied by a judicial screening committee.[39][40]
North Carolina
- See also: Judicial selection in North Carolina
In the event of a midterm vacancy, the governor appoints a successor to serve until the next general election which is held more than 60 days after the vacancy occurs. The governor must select an appointee from a list of three recommendations provided by the executive committee of the political party with which the vacating judge was affiliated.[41] An election is then held for a full eight-year term.[42][43]
North Dakota
- See also: Judicial selection in North Dakota
Judges of the North Dakota Court of Appeals are chosen by the supreme court judges to hear cases specifically assigned to them. The court is composed of three judges chosen from among active and retired district judges, retired supreme court justices, and attorneys. The term of a court of appeals judge is one year.[44][45]
Ohio
- See also: Judicial selection in Ohio
In the event of a midterm vacancy, the governor appoints a replacement. The appointee serves until the next general election taking place 40 or more days after the vacancy occurred. If re-elected, the judge serves the remainder of his or her predecessor's unexpired term.[46]
Oklahoma
- See also: Judicial selection in Oklahoma
If a judge retires before the end of his or her term, the vacancy is filled just as it normally would be, with the governor appointing a successor from a list of names provided by the nominating commission. If the appointment is not made within 60 days of the vacancy, the chief justice is responsible for selecting a replacement.[47] The appointed judge then must stand for retention in the next general election after he or she has served one year on the bench to serve out the remainder of his or her predecessor's term.[48][49]
Oregon
- See also: Judicial selection in Oregon
If a midterm vacancy occurs on the court, the governor appoints a replacement. The appointee serves until the next general election occurring 61 or more days after the vacancy, at which point he or she may run for election.[50]
Pennsylvania
- See also: Judicial selection in Pennsylvania
Commonwealth Court
In the event of a midterm vacancy, the governor appoints a successor who must be approved by a two-thirds vote of the Pennsylvania Senate. Interim judges stand for election at the next municipal election occurring more than 10 months after the vacancy occurred.[51]
By tradition, appointed interim judges of the supreme court, superior court, or court of appeals do not go on to run for permanent seats. In other words, the governor appoints these judges with the expectation that the judge will only fill the interim vacancy.[51]
Superior Court
In the event of a midterm vacancy, the governor appoints a successor who must be approved by a two-thirds vote of the Pennsylvania Senate. Interim judges stand for election at the next municipal election occurring more than 10 months after the vacancy occurred.[51]
By tradition, appointed interim judges of the supreme court, superior court, or court of appeals do not go on to run for permanent seats. In other words, the governor appoints these judges with the expectation that the judge will only fill the interim vacancy.[51]
South Carolina
- See also: Judicial selection in South Carolina
If a judge leaves office before the end of his or her term, the vacancy is usually filled by legislative election. The appointee serves until the end of his or her predecessor's unexpired term, at which point he must be re-elected by the South Carolina General Assembly to remain on the court. If less than a year remains in an unexpired term, the governor has the option to appoint someone to the unexpired term instead.[52]
Tennessee
- See also: Judicial selection in Tennessee
Court of Appeals
If a midterm vacancy occurs on the court, the governor appoints a replacement judge from a list from a judicial nominating commission. The nominee must be confirmed by both chambers of the state legislature. If filling an interim vacancy, the appointee stands for retention in the next general election at least 30 days after the vacancy occurred. The retained judge serves out the remainder of the unexpired term before again running for retention to serve a full eight-year term.[53][54] Judges are voted upon by the voters of the whole state.[55]
Court of Criminal Appeals
If a midterm vacancy occurs on the court, the governor appoints a replacement judge from a list from a judicial nominating commission. The nominee must be confirmed by both chambers of the state legislature. If filling an interim vacancy, the appointee stands for retention in the next general election at least 30 days after the vacancy occurred. The retained judge serves out the remainder of the unexpired term before again running for retention to serve a full eight-year term.[53][54] Judges are voted upon by the voters of the whole state.[55]
Texas
- See also: Judicial selection in Texas
In the event of a midterm vacancy, the governor appoints a replacement who must be confirmed by the Texas Senate. The appointee serves until the next general election, in which he or she may compete to serve for the remainder of the unexpired term.[56]
Utah
- See also: Judicial selection in Utah
When a vacancy occurs on the court, the governor appoints a replacement from a list of seven names recommended by a nominating commission. The nominee then must attain approval from the Utah Senate. New appointees serve for at least three years, after which they must run in a yes-no retention election. If retained, appeals court judges serve subsequent terms of six years.[57]
Virginia
- See also: Judicial selection in Virginia
When the General Assembly is in session, midterm vacancies are filled by the same legislative selection process normally used to select judges. When the assembly is not in session, the governor appoints a replacement to serve until 30 days after the start of the next session, by which point a judge must be elected to the seat.[58][59]
Washington
- See also: Judicial selection in Washington
In the event of a midterm vacancy, the governor appoints a replacement. The appointee serves until the next general election, at which point he or she may run to serve for the remainder of the predecessor's term.[60] If the resignation and subsequent appointment takes place after the filing period opens for that year's elections, the appointee must stand in the next year's election to remain on the bench.
West Virginia
- See also: Judicial selection in West Virginia
In the event of a midterm vacancy, the governor appoints a replacement from a list of two to five qualified applicants submitted by a nominating commission. The appointee serves until the next general election, at which point he or she may compete to fill the remainder of the unexpired term.[61]
Wisconsin
- See also: Judicial selection in Wisconsin
In the event of a vacancy on the court, the governor has the power and duty to appoint an individual to the vacancy. The governor screens judicial applicants using an advisory council on judicial selection. The council recommends three to five candidates to the governor, although the governor is not bound by their recommendations. The appointed judge must then stand for election in the first subsequent year in which no other judge's term expires.[62][63]
Judicial selection methods
Each state has a unique set of guidelines governing how they select judges at the state and local level. These methods of selection are:
Election
- Partisan election: Judges are elected by the people, and candidates are listed on the ballot alongside a label designating political party affiliation.
- Nonpartisan election: Judges are elected by the people, and candidates are listed on the ballot without a label designating party affiliation.
- Michigan method: State supreme court justices are selected through nonpartisan elections preceded by either partisan primaries or conventions.
- Retention election: A periodic process whereby voters are asked whether an incumbent judge should remain in office for another term. Judges are not selected for initial terms in office using this election method.
Assisted appointment
- Assisted appointment, also known as merit selection or the Missouri Plan: A nominating commission reviews the qualifications of judicial candidates and submits a list of names to the governor, who appoints a judge from the list.[64] At the state supreme court level, this method is further divided into the following three types:
- Bar-controlled commission: Members of the state Bar Association are responsible for electing a majority of the judicial nominating commission that sends the governor a list of nominees that they must choose from.
- Governor-controlled commission: The governor is responsible for appointing a majority of the judicial nominating commission that sends the governor a list of nominees they must choose from.
- Hybrid commission: The judicial nominating commission has no majority of members chosen by either the governor or the state bar association. These commissions determine membership in a variety of ways, but no institution or organization has a clear majority control.
Direct appointment
- Court appointment: Judges are selected by judges in the state judiciary.
- Gubernatorial appointment: Judges are appointed by the governor. In some cases, approval from the legislative body is required.
- Legislative election: Judges are selected by the state legislature.
- Municipal government selection: Judges are selected by the governing body of their municipality.
See also
External links
- Search Google News for this topic
- National Center for State Courts
- American Judicature Society - Methods of Judicial Selection
Footnotes
- ↑ 1.0 1.1 Alabama Judicial System, "Qualification of Judges," accessed March 23, 2023
- ↑ 2.0 2.1 Brennan Center for Justice, "Judicial Selection: An Interactive Map," accessed March 23, 2023
- ↑ Alaska Judicial Council, "AS 22.07.070. Vacancies," accessed March 23, 2023
- ↑ Alaska Judicial Council, "AS 15.35.053. Approval or rejection of a judge of the court of appeals," accessed March 23, 2023
- ↑ Brennan Center for Justice, "Judicial Selection: An Interactive Map," accessed March 23, 2023
- ↑ Brennan Center for Justice, "Judicial Selection: An Interactive Map," accessed March 23, 2023
- ↑ Brennan Center for Justice, "Judicial Selection: An Interactive Map," accessed March 23, 2023
- ↑ Colorado Judicial Branch, "Judicial Nominating Commissions," accessed March 28, 2023
- ↑ Brennan Center for Justice, "Judicial Selection: An Interactive Map," accessed March 23, 2023
- ↑ American Judicature Society, "Methods of Judicial selection: Florida," archived October 2, 2014
- ↑ American Judicature Society, "Methods of Judicial Selection: Georgia; Judicial Nominating Commissions," archived October 2, 2014
- ↑ American Judicature Society, "Methods of Judicial Selection: Georgia," archived October 2, 2014
- ↑ Governor Brian Kemp, "Executive Order," accessed March 29, 2023
- ↑ Governor Brian Kemp, "Gov. Kemp Names 35 to Judicial Nominating Commission," October 27, 2021
- ↑ American Judicature Society, "Methods of Judicial Selection: Hawaii," accessed September 14, 2021
- ↑ National Center for State Courts, "Methods of Judicial Selection," accessed September 14, 2021
- ↑ National Center for State Courts, "Methods of Judicial Selection," accessed September 8, 2021
- ↑ National Center for State Courts, "Method of Judicial Selection: Indiana," accessed Aug. 23, 2021
- ↑ State of Indiana, "Judicial Nominating Commission Fact Sheet," accessed Aug. 23, 2021
- ↑ State of Indiana, "Indiana's Judicial Retention System," accessed Aug. 23, 2021
- ↑ Iowa Judicial Nominating Commissions, "State Judicial Nominating Commission," accessed September 13, 2021
- ↑ Our Kansas Courts, "Judicial Selection," accessed Sept. 24, 2021
- ↑ National Center for State Courts, "Methods of Judicial Selection," accessed September 15, 2021
- ↑ American Judicature Society, "Methods of Judicial Selection: Louisiana; Selection of Judges," archived October 2, 2014
- ↑ Louisiana Supreme Court, "Henry Julien v. The Honorable W. Fox McKeithan," accessed May 6, 2014
- ↑ Louisiana Revised Statutes "RS 13:101.1," accessed July 13, 2016
- ↑ Leagle, "Marcelle v. DeCuir," September 21, 1995
- ↑ National Center for State Courts, "Methods of Judicial Selection: Maryland," accessed August 16, 2021
- ↑ National Center for State Courts, "Methods of Judicial Selection: Massachusetts," accessed August 25, 2021
- ↑ National Center for State Courts, "Methods of Judicial Selection," accessed August 27, 2021
- ↑ National Center for State Courts, "Methods of Judicial Selection," accessed September 4, 2021
- ↑ The Office of the Revisor of Statutes, "Constitution of the State of Minnesota," accessed August 8, 2016
- ↑ National Center for State Courts, "Methods of Judicial Selection," accessed September 7, 2021
- ↑ National Center for State Courts, "Methods of Judicial Selection," accessed September 7, 2021
- ↑ Nebraska Legislature, "Nebraska State Constitution Article V-21," accessed August 16, 2021
- ↑ Nevada Legislature, "The Constitution of the State of Nevada," accessed August 20, 2021 (Article 6 Section 20)
- ↑ InsiderNJ, "New Jersey Judiciary Releases General Assignment Order for Court Year 2021-2022," accessed August 27, 2021
- ↑ New Mexico Secretary of State, "Constitution," accessed March 29, 2024 (Article VI Section 35)
- ↑ National Center for State Courts, "Methods of Judicial Selection: New York," accessed September 12, 2021
- ↑ New York State, "The Constitution of the State of New York," accessed September 12, 2021 (Article VI)
- ↑ Ballotpedia Election Administration Legislation Tracker, "North Carolina S382," accessed December 19, 2024
- ↑ North Carolina General Assembly, "North Carolina Constitution - Article IV," accessed September 20, 2021 (Section 19)
- ↑ The University of North Carolina at Chapel Hill | School of Government, "History of North Carolina Judicial Elections," August 2020
- ↑ National Center for State Courts, "Methods of Judicial Selection: North Dakota," accessed August 16, 2021
- ↑ The North Dakota Judicial System, "The Structure of the Judicial System," accessed August 20, 2014
- ↑ National Center for State Courts, "Methods of Judicial Selection: Ohio," accessed September 1, 2021
- ↑ Oklahoma Public Research System, "Section VII-B-4: Vacancy in Judicial Office - Filling," accessed September 22, 2021
- ↑ National Center for State Courts, "Methods of Judicial Selection: Oklahoma," accessed September 22, 2021
- ↑ Justia, "Section VII-B-5," accessed September 22, 2021
- ↑ American Judicature Society, "Methods of Judicial Selection: Oregon," archived October 3, 2014
- ↑ 51.0 51.1 51.2 51.3 American Judicature Society, "Methods of Judicial Selection: Pennsylvania," archived October 3, 2014
- ↑ American Judicature Society, "Methods of Judicial Selection: South Carolina," archived October 3, 2014
- ↑ 53.0 53.1 Lexis Nexis, "Tennessee Code Annotated § 17-4-101," accessed April 25, 2024
- ↑ 54.0 54.1 American Judicature Society, "Methods of Judicial Selection: Tennessee," archived September 11, 2014
- ↑ 55.0 55.1 National Center for State Courts, "Methods of Judicial Selection: Tennessee," accessed August 5, 2016
- ↑ American Judicature Society, "Methods of Judicial Selection: Texas," archived October 3, 2014
- ↑ American Judicature Society, "Methods of Judicial Selection," accessed August 20, 2021
- ↑ Virginia Law, "Code of Virginia, § 17.1-400" accessed April 16, 2025
- ↑ National Center for State Courts, "Methods of Judicial Selection," accessed August 18, 2021
- ↑ Washington State Legislature, "Washington State Constitution," accessed April 16, 2025 (Scroll to Article IV, Section 3)
- ↑ West Virginia Legislature, "Senate Bill 275," April 1, 2021
- ↑ Wisconsin State Legislature, "Wisconsin Constitution," accessed September 19, 2014 (Article VII, Section 4: pg.10)
- ↑ National Center for State Courts, "Methods of Judicial Selection," accessed August 12, 2021
- ↑ American Bar Association, "Judicial Selection: The Process of Choosing Judges," accessed August 10, 2021