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Judicial selection in Massachusetts
| Judicial selection in Massachusetts | |
 | |
| Massachusetts Supreme Judicial Court | |
| Method: | Gubernatorial appointment |
| Term: | Until age 70 |
| Massachusetts Appeals Court | |
| Method: | Assisted appointment |
| Term: | Until age 70 |
| Massachusetts Superior Courts | |
| Method: | Assisted appointment |
| Term: | Until age 70 |
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 Massachusetts, including:
- Massachusetts Supreme Judicial Court,
- Massachusetts Appeals Court,
- Massachusetts Superior Courts, and
- Limited jurisdiction courts
As of April 2025, the selection of supreme court judges in Massachusetts occurred through gubernatorial appointment with approval from the Governor's Council.[1] Judges of the appeals court, superior court, and limited jurisdiction courts are selected through assisted appointment where a judicial nominating commission presents a list of nominees to the governor who then picks an appointee with approval from the Governor's Council.[2] Massachusetts is one of only a few states in which judges serve lifetime appointments. They are, however, required to retire by age 70.[2]
Click here to notify us of changes to judicial selection methods in this state.
Massachusetts Supreme Judicial Court
- See also: Massachusetts Supreme Judicial Court
The seven justices of the Massachusetts Supreme Judicial Court are appointed by the governor with the approval of the Governor's Council. The Governor's Council is constitutionally authorized and advises the governor on government affairs in Massachusetts. The council is composed of eight members and is elected biennially by the voters. Judges on the supreme court serve until the mandatory retirement age of 70.[3]
Qualifications
Judges of this court must be under the age of 70.[3]
Chief justice
The chief justice is also appointed by the governor with council approval, serving until age 70 as well.[3]
Vacancies
Vacancies on the supreme court are filled by the governor with the approval of the Governor's Council. Judges serve until the mandatory retirement age of 70.[3]
The map below highlights how vacancies are filled in state supreme courts across the country.
Massachusetts Appeals Court
- See also: Massachusetts Appeals Court
The 25 justices of the Massachusetts Appeals Court are appointed by the governor with advice from a judicial nominating commission and approval of the Governor's Council.[3]
Qualifications
To serve on the appeals court, a justice must:
- be a U.S. citizen;
- be a state resident;
- be a state bar member in good standing; and
- have 13 years of legal experience and training;
- under the age of 70 (retirement at 70 is mandatory).[3]
Chief justice
The chief judge of the court of appeals is also appointed by the governor with council approval. The governor appoints the chief justice with advice from the nominating commission and approval from the Governor's Council. The appeals court chief serves until age 70.[3] The current chief judge of the court is Amy Lyn Blake.
Vacancies
Vacancies on the appeals court are filled by the governor with council approval and serve until age 70.[3]
Massachusetts Superior Courts
- See also: Massachusetts Superior Courts
The judges of the Massachusetts Superior Courts are appointed by the governor with advice from a judicial nominating commission and approval of the Governor's Council.[3]
Qualifications
To serve on the appeals court, a judge must:
- be a U.S. citizen;
- be a state resident;
- be a state bar member in good standing; and
- have 10 years of legal experience and training;
- under the age of 70 (retirement at 70 is mandatory).[3]
Chief justice
The superior court chief is selected by the chief justice of the trial court.[2]
Vacancies
Vacancies on the superior courts are filled by the governor with council approval and serve until age 70.[3]
Limited jurisdiction courts
Massachusetts has six type(s) of limited jurisdiction court(s): Massachusetts District Courts, Massachusetts Housing Courts, Massachusetts Juvenile Courts, Massachusetts Land Courts, Massachusetts Probate and Family Courts, and Boston Municipal Courts.
Massachusetts District Courts
The judges of the Massachusetts District Courts are appointed by the governor with advice from a judicial nominating commission and approval of the Governor's Council.[3]
Massachusetts Housing Courts
The judges of the Massachusetts Housing Courts are appointed by the governor with advice from a judicial nominating commission and approval of the Governor's Council.[3]
Massachusetts Juvenile Courts
The judges of the Massachusetts Juvenile Courts are appointed by the governor with advice from a judicial nominating commission and approval of the Governor's Council.[3]
Massachusetts Land Courts
The judges of the Massachusetts Land Courts are appointed by the governor with advice from a judicial nominating commission and approval of the Governor's Council.[3]
Massachusetts Probate and Family Courts
The judges of the Massachusetts Probate and Family Courts are appointed by the governor with advice from a judicial nominating commission and approval of the Governor's Council.[3]
Boston Municipal Courts
The judges of the Boston Municipal Courts are appointed by the governor with advice from a judicial nominating commission and approval of the Governor's Council.[3]
History
Below is a timeline noting changes to judicial selection methods in Massachusetts, from the most recent to the earliest.
- 1972: Article 98 was approved by voters. The constitutional amendment established a mandatory retirement age of 70.
- 1780: Established that all judges were to be appointed for life by the governor with the council's consent.[4]
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.[5]
Courts in Massachusetts
In Massachusetts, there is one federal district court, a state supreme court, a state court of appeals, 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 the Massachusetts state court system. Cases typically originate in the trial courts and can be appealed to courts higher up in the system.
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.[6] 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
- ↑ Gubernatorial appointment takes place when the governor directly selects judges.
- ↑ 2.0 2.1 2.2 American Judicature Society, "Methods of Judicial Selection," accessed August 25, 2021
- ↑ 3.00 3.01 3.02 3.03 3.04 3.05 3.06 3.07 3.08 3.09 3.10 3.11 3.12 3.13 3.14 3.15 3.16 National Center for State Courts, "Methods of Judicial Selection: Massachusetts," accessed August 25, 2021
- ↑ American Judicature Society, "History of Reform Efforts: Massachusetts; Formal Changes Since Inception," accessed August 25, 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 Massachusetts • U.S. Bankruptcy Court: District of Massachusetts
State courts:
Massachusetts Supreme Judicial Court • Massachusetts Appeals Court • Massachusetts Superior Courts • Massachusetts District Courts • Massachusetts Housing Courts • Massachusetts Juvenile Courts • Massachusetts Land Courts • Massachusetts Probate and Family Courts • Boston Municipal Courts, Massachusetts
State resources:
Courts in Massachusetts • Massachusetts judicial elections • Judicial selection in Massachusetts
