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New Hampshire Judicial Selection Commission

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The New Hampshire Judicial Selection Commission assists the governor with judicial selection in New Hampshire. The current commission was created by an executive order of Governor Kelly Ayotte (R) on May 23, 2025. The commission is allowed no fewer than five members. All members are appointed by the governor.[1]

New Hampshire uses the gubernatorial appointment method of judicial selection in which the governor directly selects judges. Judges on the New Hampshire Supreme Court and New Hampshire Superior Court serve until they are 70 years old.[2]

Although the commission is similar to other governor-controlled assisted appointment commissions in that the governor is responsible for appointing a majority of its members, it is different in that the commission's recommendations are not binding on the governor.[3] Any appointment to the judiciary must also be confirmed by the New Hampshire Executive Council.[4]

Members

Last updated: July 2025.

The commission is allowed no fewer than five members at any one time. All members are appointed by the governor.[1]

Members of the New Hampshire Judicial Selection Commission, July 2025
Name Appointed by Term-end date
Chair - Mary Tenn Kelly Ayotte (R) N/A
Timothy E. Bush Kelly Ayotte (R) N/A
Kelly Cohen Kelly Ayotte (R) N/A
Bryan Gould Kelly Ayotte (R) N/A
Scott H. Harris Kelly Ayotte (R) N/A
Robert J. Lynn Kelly Ayotte (R) N/A

Process

The executive order forming the commission lays out the following steps for filling a judicial vacancy:[1]

  • Whenever a vacancy occurs or is anticipated in the office of a Supreme Court justice, a Superior Court justice, or a Circuit Court judge, the Governor may notify the chair of the Commission of the vacancy. The Commission shall assist the Governor in examining qualified persons for each vacancy.
  • The Commission shall identify to the Governor the names of individuals it deems qualified for a judicial vacancy.
  • All records and deliberations with respect to persons who are examined as nominees or prospective nominees shall be held in strict confidence by the Commission but shall be available to the Governor. The names of persons considered by the Commission shall remain confidential personnel records except to the extent necessary for the Commission to carry out its responsibility to evaluate applicants for the Governor.[5]

Duties

As of July 2025, the New Hampshire Judicial Selection Commission website did not list specific duties for members of the commission.

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.[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

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

Reference