Minnesota Commission on Judicial Selection

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Methods of judicial selection
Partisan elections
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Michigan method
Retention elections
Assisted appointment
Bar-controlled commission
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Hybrid commission
Legislative elections
Gubernatorial appointment

The Minnesota Commission on Judicial Selection is a commission in Minnesota, created by Minnesota Statute Section 480B.01, that plays a role in the state's judicial selection process. The commission has 49 members, selected by both the governor and the Minnesota Supreme Court.

Minnesota uses the assisted appointment method of judicial selection for its state courts. Using this method, the governor receives a list of candidates submitted by the commission, and the governor may appoint an individual from the list, though it is not required. This selection method is used for all of the district courts and Workers' Compensation Courts of Appeals in the state.

The Minnesota Commission on Judicial Selection is a governor-controlled commission, which means that the majority of members are selected by the governor.

The commission solicits judicial candidates, evaluates applicants, and recommends nominees to the governor for appointment. It is required to seek out qualified candidates from diverse backgrounds.

Members

Last updated: April 2025

The commission has 49 total members, 27 of whom are appointed by the governor and 22 of whom are appointed by the Minnesota Supreme Court. According to Minnesota Statute Section 480B.01.2:

“

Subd. 2. Commission established; members. (a) A Commission on Judicial Selection is established. It is composed of permanent members chosen as described in paragraphs (b) to (f). (b) The governor shall appoint seven at-large members to the commission who serve at the pleasure of the governor. The governor shall appoint one of these members as chair of the commission. The chair may but does not have to be an attorney. The governor may appoint attorneys to fill no more than four of the remaining six positions. (c) The justices of the supreme court shall appoint two at-large members to the commission to serve four-year terms, ending on the same day the governor's term of office ends. The justices may appoint an attorney to fill no more than one of the two positions. (d) The governor shall appoint two district members to the commission in each judicial district who serve at the pleasure of the governor. The governor may appoint an attorney to fill no more than one of the two positions. (e) The justices of the supreme court shall appoint two district members to the commission from each judicial district to serve four-year terms, ending on the same day the governor's term of office ends. The justices may appoint an attorney to fill no more than one of the two positions. (f) The appointing authorities shall ensure that the permanent members of the commission include women and minorities.

”

District members of the commission can only participate in deliberations and meetings related to applicants for a district court vacancy in the judicial district from which they were appointed.

A list of commission members can be found here.

Process

When a vacancy occurs, the public and relevant commission members are notified. The chair of the commission makes known the seat that is open, how to obtain an application to fill the vacancy, and the deadline to return the application. The commission then reviews the applications 21 to 42 days after the notice of vacancy is received by the chair. The evaluation process occurs during this time frame.

The statutory guidelines on evaluating each candidate say the commission must determine the extent to which each candidate has the following qualities.

• Integrity
• Maturity
• Health (if job related)
• Judicial temperament
• Diligence
• Legal knowledge
• Ability and experience
• Community service

The commission is allowed to ask attorney, women, and minority associations for input on the candidates. Feedback from these groups must be in writing to be considered as part of the commission recommendation.

The commission's recommendations must be received by the governor within 60 days of the notice of vacancy. The commission may recommend at least three but no more than five individuals. These names must be made public by the commission. The governor does not have to appoint from the commission list if he or she so chooses. Further, if a vacancy occurs within 60 days of the expiration of a governor's term, he or she may make an appointment without receiving the commission list of recommendations.

Duties

According to the statute creating the commission, its duties include soliciting judicial candidates, evaluating applicants, and recommending nominees to the governor for appointment. Additionally, it must hold public meetings during this process and notify the public of information related to judicial vacancies.

Control of judicial selection commissions

Assisted appointment is a method of judicial selection in which 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.

At the state supreme court level, this method is further divided into the following three types, based on the makeup of the judicial nominating commissions. Those types are:

• Governor-controlled commission - The governor is either responsible for appointing a majority of the members of the nominating commission or may decline to appoint a candidate from a list provided by the nominating commission.
• Bar-controlled commission - Members of the state Bar Association are responsible for electing a majority of the members of the nominating commission.
• Hybrid - There is no majority of members chosen by either the governor or the state Bar Association. The membership of these commissions is determined by different rules in each state.

Twenty-three courts in 22 states used assisted appointment to select state supreme court justices as of June 2021. Minnesota used a governor-controlled commission. The table below shows the number of courts using each variation of assisted appointment at the state supreme court level.

Assisted appointment methods in state supreme courts
Method	Courts (of 23)
Governor-controlled majority	10
Bar-controlled majority	1
Hybrid	12

The map below highlights the states that use each of the three types of assisted appointment.

About judicial selection

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. 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.

Click a state on the map below to explore judicial selection processes in that state.

Choose your state...AlabamaAlaskaArizonaArkansasCaliforniaColoradoConnecticutDelawareFloridaGeorgiaHawaiiIdahoIllinoisIndianaIowaKansasKentuckyLouisianaMaineMarylandMassachusettsMichiganMinnesotaMississippiMissouriMontanaNebraskaNevadaNew HampshireNew JerseyNew MexicoNew YorkNorth CarolinaNorth DakotaOhioOklahomaOregonPennsylvaniaRhode IslandSouth CarolinaSouth DakotaTennesseeTexasUtahVermontVirginiaWashingtonWashington, D.C.West VirginiaWisconsinWyoming

http://ballotpedia.org/Judicial_selection_in_STATE

See also

State courts	Appointment methods	Election methods
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

• Minnesota Office of the Governor - Judicial Appointments
• About the Commission on Judicial Selection
• Commission on judicial selection

Footnotes

Minnesota courts

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Federal courts:

Eighth Circuit Court of Appeals • U.S. District Court: District of Minnesota • U.S. Bankruptcy Court: District of Minnesota

State courts:

Minnesota Supreme Court • Minnesota Court of Appeals • Minnesota District Courts • Minnesota Problem-Solving Courts • Minnesota Tax Court • Minnesota Workers' Compensation Court of Appeals

State resources:

Courts in Minnesota • Minnesota judicial elections • Judicial selection in Minnesota