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Judicial selection in Michigan
| Judicial selection in Michigan | |
 | |
| Michigan Supreme Court | |
| Method: | Michigan method |
| Term: | 8 years |
| Michigan Court of Appeals | |
| Method: | Nonpartisan election |
| Term: | 6 years |
| Michigan Circuit Courts | |
| Method: | Nonpartisan election |
| Term: | 6 years |
| Michigan District Courts | |
| Method: | Nonpartisan election |
| Term: | 6 years |
| Michigan Probate Courts | |
| Method: | Nonpartisan election |
| Term: | 6 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 Michigan, including:
- Michigan Supreme Court,
- Michigan Court of Appeals,
- Michigan Circuit Court, and
- Limited jurisdiction courts
As of April 2025, the selection of state court judges in Michigan occurred primarily through nonpartisan elections, although supreme court judges were selected through the Michigan method.[1] All judges wishing to serve again must run for re-election at the end of their terms.[2]
Click here to notify us of changes to judicial selection methods in this state.
Michigan Supreme Court
- See also: Michigan Supreme Court
The seven justices of the Michigan Supreme Court are chosen by the Michigan method in which a partisan nomination is followed by nonpartisan elections.[2] Incumbent judges seeking re-election may file an affidavit of candidacy requesting to be placed on the ballot, while non-incumbent candidates must either file a nominating petition or obtain a partisan nomination at a party convention. Incumbency is noted on the ballot, though party affiliation is not. Judges serve eight-year terms and must be re-elected if they wish to remain on the court.[3]
Qualifications
To be elected to the supreme court, a judge must:
- be a qualified elector;
- be licensed to practice law in the state;
- have at least five years of law practice experience;
- be under the age of 70.[3]
Chief justice
The chief justice of the court is elected by his or her fellow justices and serves a two-year term[3]
Vacancies
In the event of a midterm vacancy, the governor appoints a temporary replacement to serve until the next general election. At the governor's request, the state bar's standing committee on judicial qualifications interviews, evaluates, and rates all candidates, submitting a confidential report to the governor. However, the governor is not required to request candidates from the committee, nor is the governor bound by the committee's evaluations.[3]
The map below highlights how vacancies are filled in state supreme courts across the country.
Michigan Court of Appeals
- See also: Michigan Court of Appeals
The judges of the Michigan Court of Appeals are chosen in nonpartisan elections and must face re-election if they wish to remain on the court. Unlike the supreme court, candidates are placed on the ballot via nonpartisan primaries or by nominating petitions. Judges on the appeals court serve six-year terms.[3]
Qualifications
To be elected to the appeals court, a judge must:
- be a qualified elector of his or her district;
- be licensed to practice law in the state;
- have at least five years of law practice experience;
- be under the age of 70.[3]
Chief judge
The chief judge of the appeals court is selected by supreme court appointment for a term lasting two years.[3]
Vacancies
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.[3]
Michigan Circuit Court
- See also: Michigan Circuit Court
The judges of the Michigan Circuit Court are chosen in nonpartisan elections and must face re-election if they wish to remain on the court. Unlike the supreme court, candidates are placed on the ballot via nonpartisan primaries or by nominating petitions. Judges on the circuit court serve six-year terms.[3]
Qualifications
To be elected to the circuit court, a judge must:
- be a qualified elector of his or her district;
- be licensed to practice law in the state;
- have at least five years of law practice experience;
- be under the age of 70.[3]
Chief justice
The chief judge of each circuit court is selected by supreme court appointment to a term lasting two years.[3]
Vacancies
The process for filling vacancies on the circuit 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.[3]
Limited jurisdiction courts
Michigan has four types of limited jurisdiction court(s): Michigan Court of Claims, Michigan District Courts, Michigan Probate Courts, and Michigan Municipal Courts.
Michigan Court of Claims
The Michigan Court of Claims is composed of four judges of the Court of Appeals from at least two different appellate districts. These judges are assigned by the state Supreme Court.[4]
Michigan District Courts
Judges of the Michigan District Courts are elected through nonpartisan elections and serve six-year terms. Judges must face re-election if they wish to remain on the court.[5]
Michigan Probate Courts
Judges of the Michigan Probate Courts are elected through nonpartisan elections and serve six-year terms. Judges must face re-election if they wish to remain on the court.[5]
Michigan Municipal Courts
Judges of the Michigan Municipal Courts are elected through nonpartisan elections. Judges must face re-election if they wish to remain on the court.[5]
History
Below is a timeline noting changes to judicial selection methods in Michigan, from the most recent to the earliest:
- 1996: A new constitutional amendment was passed, requiring judges to have at least five years of law practice experience.
- 1968: The governor's power to fill judicial vacancies was restored. Additionally, incumbency was designated on the ballot for all judges.
- 1963: A constitutional amendment instated the following changes:
- The creation of the Michigan Court of Appeals.
- The filling of judicial vacancies by special election.
- The selection of the chief justice by the court rather than by voters.
- Only elected judges were to be designated as incumbents on the ballot.
- Incumbent judges could bypass the nomination process by filing an affidavit of candidacy.
- 1939: A constitutional amendment passed, calling for the nonpartisan nomination and election of judges (except for supreme court justices, who continued to be nominated at party conventions).
- 1908: Under a new law passed by the state legislature, political parties could nominate supreme court candidates at party conventions.
- 1850: Established that supreme court justices were to be elected by popular vote to eight-year terms. The tenure of circuit court judges was reduced to four years.
- 1836: Established that supreme court justices were to be appointed by the governor with Senate consent to seven-year terms. Circuit court judges were to be elected by popular vote to four-year terms.[6]
Courts in Michigan
In Michigan, there are two federal district courts, 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 Michigan'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
- Michigan Courts
- Michigan Secretary of State, "Elections in Michigan"
- American Judicature Society, "Judicial Selection in the States: Michigan," archived January 11, 2014
Footnotes
- ↑ The Michigan-Ohio method involves candidates for a nonpartisan general election being selected using partisan processes.
- ↑ 2.0 2.1 American Judicature Society, "Methods of Judicial Selection: Michigan," archived October 2, 2014
- ↑ 3.00 3.01 3.02 3.03 3.04 3.05 3.06 3.07 3.08 3.09 3.10 3.11 National Center for State Courts, "Methods of Judicial Selection," accessed August 27, 2021
- ↑ State of Michigan, "97th Legislature, Regular Session of 2013: Act No. 164," accessed August 30, 2021
- ↑ 5.0 5.1 5.2 National Center for State Courts, "Methods of Judicial Selection: Limited Jurisdiction Courts," accessed August 27, 2021
- ↑ American Judicature Society, "History of Reform Efforts: Michigan," accessed August 30, 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:
Sixth Circuit Court of Appeals • U.S. District Court: Eastern District of Michigan, Western District of Michigan • U.S. Bankruptcy Court: Eastern District of Michigan, Western District of Michigan
State courts:
Michigan Supreme Court • Michigan Court of Appeals • Michigan Circuit Court • Michigan Court of Claims • Michigan District Courts • Michigan Municipal Courts • Michigan Probate Courts
State resources:
Courts in Michigan • Michigan judicial elections • Judicial selection in Michigan
