Judicial selection in New Hampshire

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Judicial selection in New Hampshire
Judicialselectionlogo.png
New Hampshire Supreme Court
Method:   Gubernatorial appointment
Term:   Mandatory retirement at age 70
New Hampshire Superior Court
Method:   Gubernatorial appointment
Term:   Mandatory retirement at age 70
New Hampshire Circuit Courts
Method:   Gubernatorial appointment
Term:   Mandatory retirement at 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 New Hampshire, including:

As of April 2025, judges in New Hampshire were selected through the gubernatorial appointment method, where the governor directly selects judges.

New Hampshire is one of two battleground states the Democratic Governors Association is targeting in 2024 with its Power to Appoint Fund, the other being North Carolina. The fund focuses on electing Democratic governors in battleground states because of their roles in appointing justices to the states' supreme courts. In New Hampshire, the governor appoints state supreme court justices.[1]

Click here to notify us of changes to judicial selection methods in this state.

New Hampshire Supreme Court

See also: New Hampshire Supreme Court

The five justices on the New Hampshire Supreme Court are selected by gubernatorial appointment. The governor's nominee must be confirmed by the New Hampshire Executive Council.[2][3] The five members of the executive council are chosen every two years in partisan elections.[4] As of April 2023, it had been customary since 2000 for the governor to establish a judicial selection commission by executive order to seek out, evaluate, and recommend candidates for nomination.[5][6]

Justices may serve on the court until they reach the mandatory retirement age of 70.[7]

Qualifications

State law does not stipulate any particular qualifications for appointment to the supreme court.[8]

Chief justice

The chief justice of the supreme court is selected by gubernatorial appointment. The position of chief justice is a specific seat on the court rather than a temporary leadership position.[9][8]

Vacancies

See also: How vacancies are filled in state supreme courts

Vacancies on the court are filled through gubernatorial appointment. A judicial selection commission recommends candidates to the governor, the governor selects a candidate, and the candidate must be confirmed by the Executive Council.[8] There is one current vacancy on the New Hampshire Supreme Court, out of the court's five judicial positions. The map below highlights how vacancies are filled in state supreme courts across the country.


New Hampshire Superior Court

See also: New Hampshire Superior Court

The justices of the New Hampshire Superior Court are selected by gubernatorial appointment. The governor's nominee must be confirmed by the New Hampshire Executive Council.[3][10] The five members of the executive council are chosen every two years in partisan elections.[11] As of April 2023, it had been customary since 2000 for the governor to establish a judicial selection commission by executive order to seek out, evaluate, and recommend candidates for nomination.[12][13]

Justices may serve on the court until they reach the mandatory retirement age of 70.[7]

Qualifications

State law does not stipulate any particular qualifications for appointment to the superior court.[8]

Chief justice

According to state law, "The chief justice shall be appointed [by the governor] from among the associate justices. In the event that the chief justice resigns as chief justice or is not reappointed at the expiration of the 5-year term, he or she may return to the position of associate justice, whether or not an associate justice vacancy then exists."[14]

Vacancies

Vacancies on the court are filled through gubernatorial appointment. A judicial selection commission recommends candidates to the governor, the governor selects a candidate, and the candidate must be confirmed by the Executive Council.[8]

Limited jurisdiction courts

New Hampshire has one limited jurisdiction court, the New Hampshire Circuit Court, which includes district, probate, and family divisions.[15][16]

New Hampshire Circuit Court

See also: New Hampshire Circuit Court

Judges on the New Hampshire Circuit Court are selected by gubernatorial appointment. The governor's nominee must be confirmed by the New Hampshire Executive Council.[3][10] The five members of the executive council are chosen every two years in partisan elections.[17] As of April 2023, it had been customary since 2000 for the governor to establish a judicial selection commission by executive order to seek out, evaluate, and recommend candidates for nomination.[18][19]

Judges may serve on the court until they reach the mandatory retirement age of 70.[7]

History

Below is a timeline noting changes to judicial selection methods in New Hampshire, presented in reverse chronological order.[20]

  • 2001: A 2001 law amended Section 490:1 of the New Hampshire Revised Statutes to make the chief justice position a rotating position based on seniority. However, the New Hampshire Supreme Court found this law to be unconstitutional in 2004.[21][22]
  • 2000: Gov. Jeanne Shaheen (D) created the state's first judicial selection commission by executive order.[20]
  • 1792: A constitutional amendment established a mandatory retirement age of 70 for all judges.[23]
  • 1784: New Hampshire's 1784 constitution established that all judges were to be appointed by the governor and the executive council.[3]

Courts in New Hampshire

In New Hampshire, there is one federal district court, a state supreme court, and trial courts with both general and limited jurisdiction.

Click a link for information about that court type.

The image below depicts the flow of cases through New Hampshire's state court system. Cases typically originate in the trial courts and can be appealed to courts higher up in the system.

The structure of New Hampshire's state court 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.[24]

Selection of Federal Judges Flowchart.png


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.[25] 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

Click a state on the map below to explore judicial selection processes in that state.
http://ballotpedia.org/Judicial_selection_in_STATE


See also

State courts Appointment methods Election methods
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State supreme courts
Intermediate appellate courts
Trial courts
Assisted appointment
Court appointment
Gubernatorial appointment
Legislative election
Municipal government selection
Partisan election
Nonpartisan election
Michigan method


External links

Footnotes

  1. ↑ The New York Times, "The Quiet Way Democrats Hope to Expand Their Power at the State Level," February 20, 2024
  2. ↑ New Hampshire Judicial Branch, "About the Supreme Court," accessed August 24, 2021
  3. ↑ 3.0 3.1 3.2 3.3 NH.gov, "State Constitution - Executive Power - Governor," accessed August 24, 2021 (Article 46)
  4. ↑ State of New Hampshire Executive Council, "About Us," accessed August 24, 2021
  5. ↑ National Center for State Courts, "Judicial Selection in the States: New Hampshire | Overview," accessed August 24, 2021
  6. ↑ New Hampshire Secretary of State, "Executive order 2000-9: An order establishing a Judicial Selection Commission," June 30, 2000
  7. ↑ 7.0 7.1 7.2 The General Court of New Hampshire, "New Hampshire Revised Statutes Annotated Title LI," accessed August 24, 2021 (Section 493:2)
  8. ↑ 8.0 8.1 8.2 8.3 8.4 National Center for State Courts, "Methods of Judicial Selection: New Hampshire | Selection of Judges," accessed August 24, 2021
  9. ↑ While a 2001 law amended Section 490:1 of the New Hampshire Revised Statutes to make the chief justice position a rotating position based on seniority, the New Hampshire Supreme Court found this law to be unconstitutional in 2004.
  10. ↑ 10.0 10.1 The John W. King New Hampshire Law Library, "Judges," accessed August 24, 2021
  11. ↑ State of New Hampshire Executive Council, "About Us," accessed August 24, 2021
  12. ↑ National Center for State Courts, "Judicial Selection in the States: New Hampshire | Overview," accessed August 24, 2021
  13. ↑ New Hampshire Secretary of State, "Executive order 2000-9: An order establishing a Judicial Selection Commission," June 30, 2000
  14. ↑ The General Court of New Hampshire, "New Hampshire Revised Statutes Annotated Title LI," accessed August 24, 2021 (Section 491:1)
  15. ↑ CourtRecords.org, "New Hampshire Court Records," accessed August 24, 2021
  16. ↑ New Hampshire Judicial Branch, "Circuit Court," accessed August 24, 2021
  17. ↑ State of New Hampshire Executive Council, "About Us," accessed August 24, 2021
  18. ↑ National Center for State Courts, "Judicial Selection in the States: New Hampshire | Overview," accessed August 24, 2021
  19. ↑ New Hampshire Secretary of State, "Executive order 2000-9: An order establishing a Judicial Selection Commission," June 30, 2000
  20. ↑ 20.0 20.1 National Center for State Courts, "History of Reform Efforts: New Hampshire," accessed August 24, 2021
  21. ↑ The General Court of New Hampshire, "New Hampshire Revised Statutes Annotated Title LI," accessed August 24, 2021 (Section 490:1)
  22. ↑ The Supreme Court of New Hampshire, "No. 2003-0827," April 28, 2004
  23. ↑ NH.gov, "State Constitution - Judiciary Power," accessed August 24, 2021 (Article 78)
  24. ↑ U.S. Courts, "FAQ: Federal Judges," accessed March 26, 2015
  25. ↑ American Bar Association, "Judicial Selection: The Process of Choosing Judges," accessed August 10, 2021

New Hampshire courts

Federal courts:

First Circuit Court of Appeals • U.S. District Court: District of New Hampshire • U.S. Bankruptcy Court: District of New Hampshire

State courts:

New Hampshire Supreme Court • New Hampshire Superior Courts • New Hampshire Circuit Courts • New Hampshire Probate Courts • New Hampshire District Court • New Hampshire Family Division

State resources:

Courts in New Hampshire • New Hampshire judicial elections • Judicial selection in New Hampshire

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