Judicial selection in Maine
| Judicial selection in Maine | |
 | |
| Maine Supreme Judicial Court | |
| Method: | Gubernatorial appointment |
| Term: | 7 years |
| Maine Superior Court | |
| Method: | Gubernatorial appointment |
| Term: | 7 years |
| Maine District Courts | |
| Method: | Gubernatorial appointment |
| Term: | 7 years |
| Maine Probate Courts | |
| Method: | Partisan election |
| Term: | 4 years |
Judicial selection refers to the process used to select judges for courts. At the state level, methods of judicial selection vary substantially in the United States, and in some cases between different court types within a state. There are six primary types of judicial selection: partisan and nonpartisan elections, the Michigan method, assisted appointment, gubernatorial appointment, and legislative elections. To read more about how these selection methods are used across the country, click here.
This article covers how state court judges are selected in Maine, including:
As of April 2025, judges for all courts in the state except the Maine Probate Courts were selected by gubernatorial appointment, where the governor directly selects judges followed by Senate confirmation. Judges of the Maine Probate Courts were selected through partisan elections.[1]
Click here to notify us of changes to judicial selection methods in this state.
Maine Supreme Judicial Court
- See also: Maine Supreme Judicial Court
The seven justices of the Maine Supreme Judicial Court are appointed by the governor with confirmation from the Maine State Senate.[1]
Justices serve for seven years after their appointment. To continue to serve on the court, they must be reappointed by the governor and reconfirmed by the Maine State Senate.[1]
Qualifications
State law requires that supreme court justices be "learned in the law."[2]
Chief justice
In Maine, the position of chief justice is a specific seat on the court (similar to the Supreme Court of the United States) rather than a peer-selected leadership position. The chief justice is appointed in the same manner as the other justices on the court.[1]
Vacancies
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 justice's term. The governor appoints a justice with confirmation by the Maine State Senate. The new appointee serves a seven-year term.[1]
The map below highlights how vacancies are filled in state supreme courts across the country.
Maine Superior Court
- See also: Maine Superior Court
The 17 judges of the Maine Superior Court are appointed by the governor with confirmation from the Maine State Senate.[1]
Judges serve for seven years after their appointment. To continue to serve on the court, they must be reappointed by the governor and reconfirmed by the Maine State Senate.[1]
Qualifications
State law requires that supreme court justices be "learned in the law."[3]
Chief justice
The chief justice of the superior court is selected by the chief justice of the supreme court and serves at the will of the chief justice.[1]
Vacancies
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. The governor appoints a justice with confirmation by the Maine State Senate. The new appointee serves a seven-year term.[1]
Limited jurisdiction courts
Maine has two types of limited jurisdiction courts: Maine District Courts and Maine Probate Courts.
District Courts
- See also: Maine District Courts
Judges of the Maine District Courts are appointed by the governor with confirmation from the Maine State Senate.[4]
Judges serve for seven years after their appointment. To continue to serve on the court, they must be reappointed by the governor and reconfirmed by the Maine State Senate.[4]
State law requires that district court judges be a member of the state bar.[4]
Probate Courts
- See also: Maine Probate Courts
Judges of the Maine Probate Courts are elected in partisan elections to four-year terms. Judges serve for four years after their election and must run for re-election to continue to serve on the court. Judges of the Maine probate courts serve part-time.[4]
State law requires that district court judges be a resident of Maine, and an attorney licensed to practice in the state.[4]
If a mid-term vacancy occurs in the probate court, a temporary replacement may be appointed by the governor. However, the nominee must be a member of the same political party as the judge who previously served on the court. At the next general election, a permanent replacement must be selected according to the rules laid out in Maine's Constitution.
History
Below is a timeline noting changes to judicial selection methods in Maine, from the most recent to the earliest:[5][6]
- 2001: The Maine State Legislature made further changes to the state courts. Caseloads were shuffled among various court levels, making the district court the only court to hear family and divorce cases. The administrative court (see 1978) was abolished with its caseload and personnel absorbed into the district court.
- 1990-2000: Several specialized divisions were created within the justice system, including the Family Division, the Juvenile Drug Treatment Court Program, and the Adult Drug Court Program.
- 1978: An administrative court was established to hear appeals from state administrative decisions.
- 1961: The municipal courts and the trial court system were abolished and in its place, the Maine District Courts were created. The probate courts were then established as the only ones not under statewide administration. This made Maine's judicial system one of the most unified in the nation.
- 1929: The Maine State Legislature created the Maine Superior Courts to address issues with the supreme court's caseload.
- 1852: The Court Reorganization Act increased the supreme court's number of justices and jurisdiction. The justices were authorized to travel in circuits.
- 1839: Established that judges no longer served for life, but were instead appointed to seven-year terms.
- 1820: The original constitution established the state judicial branch, accounting for the Maine Supreme Judicial Court and "such other courts as the Legislature shall from time to time establish." Various other courts were created, including trial, municipal, and probate courts.
- 1819: Established that all judges were to be appointed for life by the governor with the council's consent.
Courts in Maine
In Maine, there is one federal district court, a state supreme court, and trial courts with both general and limited jurisdiction. These courts serve different purposes, which are outlined in the sections below.
Click a link for information about that court type.
The image below depicts the flow of cases through Maine's state court system. Cases typically originate in the trial courts and can be appealed to courts higher up in the system.
Selection of federal judges
United States district court judges, who are selected from each state, go through a different selection process from that of state judges.
The district courts are served by Article III federal judges, who are appointed for life during good behavior. They are usually first recommended by senators (or members of the House, occasionally). The President of the United States nominates judges, who must then be confirmed by the United States Senate in accordance with Article III of the United States Constitution.[7]
In other states
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.[8] 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
Footnotes
- ↑ 1.0 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 American Judicature Society, "Methods of Judicial Selection: Maine," accessed September 15, 2021
- ↑ Maine Legislature, "Title 4: Judiciary, Chapter 1: Supreme Judicial Court - §1. Constitution of the court; administrative responsibilities of the court and the Chief Justice," accessed April 3, 2023
- ↑ Maine Legislature, "Title 4: Judiciary, Chapter 3: Superior Court - §101. Constitution of court," accessed April 3, 2023
- ↑ 4.0 4.1 4.2 4.3 4.4 American Judicature Society, "Methods of Judicial Selection: Maine; Limited Jurisdiction Courts," accessed September 15, 2021
- ↑ American Judicature Society, "History of Reform Efforts: Maine," accessed September 15, 2021
- ↑ Maine An Encyclopedia, "History of the Court System of the State of Maine: 1636-1961 – Condensed," accessed September 15, 2021
- ↑ U.S. Courts, "FAQ: Federal Judges," accessed March 26, 2015
- ↑ American Bar Association, "Judicial Selection: The Process of Choosing Judges," accessed August 10, 2021
Federal courts:
First Circuit Court of Appeals • U.S. District Court: District of Maine • U.S. Bankruptcy Court: District of Maine
State courts:
Maine Supreme Judicial Court • Maine Superior Court • Maine Business and Consumer Court • Maine District Courts • Maine Family Division • Maine Juvenile Court • Maine Probate Courts • Maine Small Claims Court • Maine Treatment Court
State resources:
Courts in Maine • Maine judicial elections • Judicial selection in Maine
