State supreme court vacancies, 2020
2020 State Supreme Court Appointments | |
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2020 supreme court vacancies and appointments | |
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In 2020, there were 23 supreme court vacancies in 16 of the 29 states where replacement justices are appointed instead of elected. One vacancy occurred when a chief justice died, one vacancy occurred when a justice was not retained, and 21 vacancies were caused by retirements.
The following judicial vacancies are covered on this page. Click the state name to read more about that specific vacancy. Know of a vacancy that should be covered here? Click here to let us know.
- Mary Fairhurst, January 2020, Washington
- Donald Alexander, January 2020, Maine
- Robert Thomas, February 2020, Illinois
- Robert Benham, March 2020, Georgia
- Charles Wiggins, March 2020, Washington
- David Wiggins, March 2020, Iowa
- Leigh Saufley, April 2020, Maine
- Richard Palmer, May 2020, Connecticut
- Craig Stowers, June 2020, Alaska
- Richard Pollack, June 2020, Hawaii
- Gilbert Indeglia, June 2020, Rhode Island
- David Lillehaug, July 2020, Minnesota
- Ming Chin, August 2020, California
- Walter Timpone, August 2020, New Jersey
- Paul Green, August 2020, Texas
- Carol Beier, September 2020, Kansas
- Ralph Gants, September 2020, Massachusetts
- Keith Blackwell, November 2020, Georgia
- Thomas Kilbride, December 2020, Illinois
- Barbara Lenk, December 2020, Massachusetts
- Francis Flaherty, December 2020, Rhode Island
- Michael Keasler, December 2020, Texas
- Judith Nakamura, 2020, New Mexico
Thirteen vacancies were in states where a Democratic governor appoints the replacement. Eight were in states where a Republican governor appoints the replacement. Two vacancies were in a state where the state supreme court votes to appoint the replacement.
Parties responsible for filling vacancies (2020) | |
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Party | Number of vacancies |
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13 |
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8 |
Nonpartisan | 2 |
Judicial vacancies covered on this page are filled in one of four ways: the governor alone appoints justices, a nominating commission provides the governor a list of potential nominees, the state legislature selects supreme court justices, or the state supreme court votes on and appoints justices.
For a list of states where a judicial vacancy triggered an election in 2020, click here.
2020 vacancies
The table below highlights each instance where a judge vacated their seat and a replacement was chosen via appointment. It shows the court the vacancy occurred in, the date of the vacancy, the outgoing justice, why they vacated their seat, the date the vacancy was filled, and the name of the successor.
Alaska
Alaska Governor Mike Dunleavy (R) appointed Dario Borghesan to the Alaska Supreme Court on July 1, 2020. Borghesan succeeded Justice Craig Stowers, who retired on June 1, 2020. Borghesan was Dunleavy's first nominee to the five-member supreme court.[1][2]
At the time of the vacancy under Alaska law, state supreme court justices were appointed by the governor from a list of two or more nominees compiled by the Alaska Judicial Council.
California
California Gov. Gavin Newsom (D) appointed Martin Jenkins to the California Supreme Court on October 5, 2020. The state Commission on Judicial Appointments confirmed Jenkins' appointment on November 10, 2020. He succeeded Justice Ming Chin, who retired on August 31, 2020.[3][4][5] Jenkins was Newsom's first nominee to the seven-member supreme court.
At the time of the appointment under California law, state supreme court justices were recommended by the Commission on Judicial Nominee Evaluation to the governor. The governor then selected the new justice, who had to be confirmed by the state Commission on Judicial Appointments.
Connecticut
Connecticut Governor Ned Lamont (D) appointed Christine E. Keller to the Connecticut Supreme Court on July 20, 2020. Keller succeeded Justice Richard Palmer, who retired on May 27, 2020, after reaching the mandatory retirement age of 70 years on October 1, 2020.[4][6][7][8] Keller was Gov. Lamont's first nominee to the seven-member court.
Under Connecticut law as of May 2020, state supreme court justices were selected using the assisted appointment method.[9]
Georgia
March 2020
Georgia Governor Brian Kemp (R) appointed Carla W. McMillian to the Georgia Supreme Court on March 27, 2020. McMillian succeeded Justice Robert Benham, who retired on March 1, 2020.[10] McMillian was Gov. Kemp's first nominee to the nine-member supreme court.
Under Georgia law as of March 2020, supreme court vacancies were filled by assisted appointment. The governor chose an appointee from a list of candidates compiled by the Georgia Judicial Nominating Commission.
November 2020
Georgia Governor Brian Kemp (R) appointed Shawn LaGrua to the Georgia Supreme Court on December 1, 2020. LaGrua succeeded Justice Keith Blackwell, who retired on November 18, 2020. LaGrua was Kemp's second nominee to the nine-member court.
Blackwell announced his retirement on February 28, 2020. In a letter to Gov. Kemp, Blackwell said he wanted to return to private practice.[11]
Blackwell's seat was expected to be up for nonpartisan election on June 9, 2020. When Blackwell announced his retirement, the Georgia Supreme Court said the governor would appoint Blackwell's replacement. The appointment was challenged in court, and the state supreme court ruled in a 6-2 opinion on May 14, 2020, that the secretary of state could not be compelled to hold the election. Click here for more information.
Under Georgia law as of November 2020, supreme court vacancies were filled by assisted appointment. The governor chose an appointee from a list of candidates compiled by the Georgia Judicial Nominating Commission.
Hawaii
Hawaii Governor David Ige (D) appointed Todd Eddins to the Hawaii Supreme Court on October 23, 2020. The Hawaii State Senate confirmed Eddins to succeed Justice Richard W. Pollack on November 19, 2020.[12][1] Eddins was Ige's first nominee to the five-member supreme court.
The seat became vacant when Pollack retired on June 30, 2020, after reaching the mandatory retirement age of 70 years.[13]
Under Hawaii law as of June 2020, state supreme court justices were selected through the assisted appointment method. The governor chose an appointee from a list of candidates submitted by the judicial nominating commission. The nominee required confirmation from the Hawaii State Senate.[6]
Illinois
February
Illinois Supreme Court Associate Justice Robert Thomas retired on February 29, 2020. Thomas announced plans to join law firm Powers Rogers following his retirement.[14][15]
As of February 2020, the Illinois Supreme Court was responsible for appointing an interim judge in the event of a midterm vacancy under Illinois law. The interim judge served until the next primary election occurring at least 60 days after their appointment, at which point the judge had to run in a partisan election to remain on the court.[16] Because the vacancy was set to occur less than 60 days before the next judicial election, Thomas' replacement was selected by the Illinois Supreme Court in a vote of the justices. The court appointed appellate Justice Michael J. Burke to serve from March 1, 2020, to December 5, 2022.[15]
December
The Illinois Supreme Court appointed Robert L. Carter to the Illinois Supreme Court on November 10, 2020. His appointment was effective on December 8, 2020. Carter joined three other justices who were appointed, not elected, to the court.
As of December 2020, the Illinois Supreme Court was responsible for appointing an interim judge in the event of a midterm vacancy under Illinois law.
Carter succeeded Justice Thomas Kilbride, who left an open seat on the court after he was not retained on November 3, 2020. Receiving 56.5% of the vote, Kilbride did not meet Illinois' 60% threshold to remain on the bench. Click here for more information about the 2020 Illinois Supreme Court elections.
Iowa
Governor Kim Reynolds (R) appointed attorney Matthew McDermott to the Iowa Supreme Court on April 3, 2020. McDermott succeeded Acting Chief Justice David Wiggins, who retired on March 13, 2020.[4][1] McDermott was the governor's fourth nominee to the seven-member supreme court.
At the time of the appointment, the governor would appoint supreme court justices with help from a nominating commission in the event of a vacancy under Iowa law.
Kansas
Kansas Governor Laura Kelly (D) appointed Melissa Standridge to the Kansas Supreme Court on November 30, 2020. Standridge succeeded Justice Carol Beier, who retired on September 18, 2020. Standridge was Gov. Kelly's third nominee to the seven-member supreme court.
At the time of the appointment, the governor would select a supreme court justice from a list submitted by the Kansas Supreme Court Nominating Commission.
Maine
January 2020
On January 6, 2020, Gov. Janet Mills (D) appointed Superior Court Justice Andrew Horton to succeed Maine Supreme Judicial Court Justice Donald Alexander, who retired in January 2020. Gov. Mills also appointed attorney Catherine Connors to succeed Justice Jeffrey Hjelm, who retired in December 2019. Connors and Horton were the governor's first and second nominees to the seven-member supreme court.[17]
At the time of the appointment, the governor would appoint a replacement who had to be confirmed by the Maine State Senate in the event of a vacancy under Maine law.
April 2020
Maine Governor Janet Mills (D) appointed Valerie Stanfill to the Maine Supreme Judicial Court on May 10, 2021.[6] Stanfill was confirmed by the Maine State Senate on June 3.[12] She succeeded Chief Justice Leigh Saufley, who retired on April 14, 2020. Saufley left the court to become the dean of the University of Maine School of Law.[18] Stanfill was Gov. Mills' third nominee to the seven-member supreme court.
At the time of the appointment, the governor would appoint a replacement who had to be confirmed by the Maine State Senate in the event of a vacancy under Maine law.
Massachusetts
September 2020
Massachusetts Governor Charlie Baker (R) appointed Kimberly S. Budd to the Massachusetts Supreme Judicial Court on October 28, 2020. Budd succeeded Chief Justice Ralph D. Gants, who died on September 14, 2020.[19] Budd was Gov. Baker's seventh nominee to the seven-member supreme court.
Gov. Baker appointed Serge Georges Jr. to the Massachusetts Supreme Judicial Court on November 17, 2020. Georges succeeded Associate Justice Kimberly S. Budd, who was elevated to the position of Chief Justice with the court on October 28, 2020. Georges was Gov. Baker's ninth nominee to the seven-member supreme court.[20]
At the time of the appointment under Massachusetts law, each justice was appointed by the governor and approved by the Massachusetts Governor's Council. Justices on the Massachusetts Supreme Judicial Court would hold tenured appointments until they reach 70 years old, the age of mandatory retirement.[21][22][23]
December 2020
Massachusetts Governor Charlie Baker (R) appointed Dalila Wendlandt to the Massachusetts Supreme Judicial Court on November 3, 2020. Wendlandt succeeded Barbara Lenk, who retired on December 1, 2020.[24][25][26] Wendlandt was Gov. Baker's sixth nominee to the seven-member court.
At the time of the appointment under Massachusetts law, each justice was appointed by the governor and approved by the Massachusetts Governor's Council. Justices on the Massachusetts Supreme Judicial Court would hold tenured appointments until they reach 70 years old, the age of mandatory retirement.[21][22][23]
Minnesota
Minnesota Governor Tim Walz (D) appointed Gordon Moore to the Minnesota Supreme Court on May 15, 2020. Moore succeeded Justice David Lillehaug, who retired on July 31, 2020. Lillehaug announced in June 2019 that he would not seek re-election in 2020, citing his diagnosis with Parkinson's Disease.[27] Moore was Gov. Walz's first nominee to the seven-member supreme court.
At the time of the appointment, interim vacancies were filled via gubernatorial appointment.
New Jersey
New Jersey Governor Phil Murphy (D) nominated Fabiana Pierre-Louis to the New Jersey Supreme Court on June 5, 2020. The New Jersey State Senate confirmed Pierre-Louis on August 27. Pierre-Louis was the governor's first nominee to the seven-member court.[1][28]
Pierre-Louis was nominated to succeed Justice Walter F. Timpone, who retired on August 31, 2020. Timpone retired 10 weeks before his mandatory retirement date of November 10, to allow his Pierre-Louis to join the bench for the September court session.[29]
At the time of the appointment, state court judges were appointed by the governor and confirmed by the state Senate.
New Mexico
New Mexico Governor Michelle Lujan Grisham (D) appointed Julie Vargas to the New Mexico Supreme Court on December 19, 2020.[1] Vargas succeeded Justice Judith Nakamura, who retired retired on December 1, 2020. Vargas was Gov. Lujan Grisham's third nominee to the five-member supreme court.
Nakamura planned to retire on August 1, but she postponed the retirement date in June.[4][30][31] Nakamura joined the state supreme court in 2015. She served as chief justice from 2017 to 2020.
At the time of the appointment, state supreme court vacancies were filled through assisted gubernatorial appointment, where the governor would select a nominee based on recommendations from a judicial nominating commission.
Rhode Island
June 2020
Rhode Island Governor Gina Raimondo (D) nominated Erin Lynch Prata to the Rhode Island Supreme Court on December 8, 2020. The Rhode Island General Assembly confirmed the nomination after votes from the state House on December 16 and the state Senate on December 19, 2020. Lynch Prata succeeded Justice Gilbert Indeglia, who retired on June 30, 2020.[32][33] She was Gov. Raimondo's first nominee to the five-member supreme court.
At the time of the appointment, supreme court justices were selected by the governor with help from a nominating commission and approval from the legislature.
Media coverage of the appointment process primarily focused on interpretations of Rhode Island's law prohibiting legislators from applying for a state job for one year after serving in the General Assembly. The law came into question after Lynch Prata, a Democratic state senator representing District 31, announced she would not seek re-election and applied for the open supreme court seat.
Coverage also focused on diversity. State Sen. Harold Metts (D) and state Rep. Joseph Almeida (D) both called for a person from a minority group to be named on the court. On Twitter, Gov. Raimondo announced that the nomination of Erin Lynch Prata and Melissa Long to the Rhode Island Supreme Court could result in the court being "majority-female for the first time." The governor also wrote that Long was the "first person of color nominated to serve" on the state supreme court.[34][35]
December 2020
Rhode Island Governor Gina Raimondo (D) nominated Melissa Long to the Rhode Island Supreme Court on December 8, 2020. Long succeeded Justice Francis Flaherty, who retired on December 31, 2020.[36][37][38] She was Gov. Raimondo's second nominee to the five-member supreme court.
At the time of the appointment, supreme court justices were selected by the governor with help from a nominating commission and approval from the legislature.[39]
Texas
August 2020
Texas Gov. Greg Abbott (R) appointed Rebeca Huddle to the Texas Supreme Court on October 15, 2020. Huddle succeeded Justice Paul Green, who retired on August 31, 2020, to spend more time with his family.[4][40] Huddle was Abbott's fourth nominee to the nine-member supreme court.
At the time of the appointment, the governor would appoint a replacement in the event of a midterm vacancy. The nominee had to be confirmed by the Texas State Senate. Appointees would serve until the next general election, in which they had to participate in a partisan election to remain on the bench for the remainder of the unexpired term.[23]
December 2020
Texas Governor Greg Abbott (R) appointed Jesse McClure to the Texas Court of Criminal Appeals on December 21, 2020. McClure succeeded Judge Michael Keasler, who retired on December 31, 2020. Keasler reached the mandatory retirement age of 78.[41]
McClure was Gov. Abbott's first nominee to the nine-member Court of Criminal Appeals and fourth nominee to a Texas court of last resort.
At the time of the appointment, the governor would appoint a replacement in the event of a midterm vacancy. The nominee had to be confirmed by the Texas State Senate.
Texas was one of two states with two courts of last resort. The Texas Supreme Court had jurisdiction over all civil cases, while the Court of Criminal Appeals exerciseddiscretionary review over criminal cases.
Washington
March 2020
Governor Jay Inslee (D) appointed Judge G. Helen Whitener to the Washington Supreme Court on April 13, 2020. Whitener succeeded Justice Charles K. Wiggins, who retired at the end of March 2020. Whitener was the governor's third nominee to the nine-member state supreme court.[4][1]
At the time of the appointment under Washington law, the governor appointed a replacement in the event of a midterm vacancy. Otherwise, judges were selected in nonpartisan elections.
January 2020
On December 4, 2019, Governor Jay Inslee (D) appointed Judge Raquel Montoya-Lewis to succeed Chief Justice Mary Fairhurst on the Washington Supreme Court. Fairhurst retired January 5, 2020, for health reasons.[42][43]
At the time of the appointment under Washington law, the governor appointed a replacement in the event of a midterm vacancy. Montoya-Lewis was Inslee's second nominee to the nine-member supreme court.
Selection methods
The governor alone appoints judges in four states, while a nominating commission provides the governor a list of potential nominees in 23 states. In two other states, South Carolina and Virginia, the state legislature elects supreme court judges. The following table shows how judges are chosen in state supreme courts across the country. It uses the following abbreviations: AA (assisted appointment), GA (gubernatorial appointment), LE (legislative elections), PE (partisan elections), and NPE (nonpartisan elections).
Assisted appointment
The assisted appointment method usually involves a nominating commission which reviews the résumés of candidates for judicial office. This commission—composed of both lawyers and non-lawyers chosen by the state bar and/or executive branch—interviews and screens candidates for judicial positions. The commission then sends a short list of qualified candidates, usually between three and five names, to the governor for consideration.[44]
Within a pre-determined period of time, the governor must select and nominate a candidate from the list. Failure to nominate in the prescribed time period will put the decision back to the commission or, in some cases, to the chief justice of the state's supreme court. Some states require additional confirmation from the legislature.[44]
Nominating commissions
States vary in the composition of their nominating commissions and the application of them.[45] These variations may include:
Composition
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Application
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Tables detailing these state-by-state variations can be found in this document prepared by the American Judicature Society.
Gubernatorial appointment
- See also: Gubernatorial appointment of judges
There are three primary ways states use a gubernatorial appointment method in the selection of judges. They are:
- to choose a judge for an initial term
- to select a judge to fill an interim or midterm vacancy
- to retain a judge to serve an additional term
Many states use more than one method to select judges or a combination of methods. In states using a gubernatorial appointment method, the process can work in a variety of ways. In almost every state, the governor is involved in the process to appoint a judge to fill a vacancy occurring in the middle of a term. There are states where the governor is permitted to make initial appointments. In other states, a governor may only make an appointment after a candidate has been approved by a judicial nominating commission. Once a nomination is made by a governor, consent from another entity may be required before a judge can begin serving on a court.
Legislative elections
- See also: Legislative election of judges
Judges of South Carolina and Virginia are elected by public vote of each state's general assembly. In South Carolina, both chambers of the assembly come together for a joint vote, while the chambers of Virginia's assembly vote separately, giving the judgeship to the candidate who receives a majority vote in each chamber.[46][47]
Before the assembly votes on a particular judicial candidate, he or she must be approved by the state's nominating commission or evaluation committee, making the system somewhat similar to the assisted appointment method.[46][47] In the case of Virginia, hearings by the evaluation committee are open to the public, and members of the public may even appear before the committee if desired.[47]
Visit Judicial selection in South Carolina and Judicial selection in Virginia for more details about each state's selection processes.
See also
Footnotes
- ↑ 1.0 1.1 1.2 1.3 1.4 1.5 Office of Governor Mike Dunleavy, "Governor Dunleavy Announces Two Judicial Appointees," July 1, 2020 Cite error: Invalid
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tag; name "appt" defined multiple times with different content - ↑ Anchorage Daily News, "Alaska Supreme Court justice Craig Stowers to retire," January 7, 2020
- ↑ Office of Governor Gavin Newsom, "Governor Newsom Selects Justice Martin Jenkins (Ret.) for California Supreme Court," October 5, 2020
- ↑ 4.0 4.1 4.2 4.3 4.4 4.5 California Courts, "Justice Ming Chin to Retire from California Supreme Court," January 15, 2020 Cite error: Invalid
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tag; name "retire" defined multiple times with different content - ↑ Courthouse News Service, "Martin Jenkins Confirmed to California’s High Court," November 10, 2020
- ↑ 6.0 6.1 6.2 The Office of Governor Ned Lamont, "Governor Lamont Makes Supreme and Appellate Court Appointments," July 20, 2020 Cite error: Invalid
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tag; name "nom" defined multiple times with different content - ↑ Patch, "Governor Lamont Statement On Confirmation Of Judges," August 17, 2020
- ↑ Office of the Governor, "Governor Lamont Applauds Final Confirmation of Judicial Nominations," October 1, 2020
- ↑ American Judicature Society, "Judicial Selection in the States: Connecticut," archived January 11, 2014
- ↑ Governor Brian Kemp, "Gov. Kemp Names Appointments to Supreme Court of Georgia, Georgia Court of Appeals," March 27, 2020
- ↑ U.S. News, "Georgia Supreme Court Justice Announces Plans to Resign," February 28, 2020
- ↑ 12.0 12.1 Honolulu Civil Beat, "Senate Confirms Todd Eddins To Hawaii Supreme Court," November 19, 2020 Cite error: Invalid
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tag; name "confirm" defined multiple times with different content - ↑ Civil Beat, "A New Direction For The Hawaii Supreme Court?" June 30, 2020
- ↑ Supreme Court of Illinois, "Justice Robert R. Thomas announces retirement from Illinois Supreme Court," February 10, 2020
- ↑ 15.0 15.1 The State Journal-Register, "State Supreme Court Justice Thomas to retire," February 10, 2020
- ↑ American Judicature Society, "Methods of Judicial Selection: Illinois," archived October 2, 2014
- ↑ Maine.gov, "Governor Mills Nominates Candidates to the Maine Supreme Judicial Court & Superior Court," January 6, 2020
- ↑ Penobscot Bay Pilot, "Maine’s Chief Justice Leigh Saufley to be named dean of University of Maine School of Law," April 9, 2020
- ↑ The Boston Globe, "SJC Chief Justice Ralph D. Gants, a fearless advocate for racial justice, dies at 65," September 14, 2020
- ↑ Cite error: Invalid
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- ↑ 21.0 21.1 Massachusetts Court System, "About the Supreme Judicial Court," accessed January 29, 2015
- ↑ 22.0 22.1 American Bar Association, "Fact sheet on judicial selection methods in the states," accessed August 25, 2014
- ↑ 23.0 23.1 23.2 American Judicature Society, "Methods of Judicial Selection: Massachusetts," archived October 2, 2014 Cite error: Invalid
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tag; name "general" defined multiple times with different content - ↑ WWLP, "Lenk delays retirement, keeps SJC at full strength," August 13, 2020
- ↑ Massachusetts Court System, "Associate Justice Barbara A. Lenk," accessed October 27, 2017
- ↑ The Daily Free Press, "Gov. Patrick's fourth appointment to SJC confirmed," May 5, 2011
- ↑ Minnesota Public Radio, "Lillehaug says he has Parkinson's, leaving Minnesota Supreme Court," June 12, 2019
- ↑ ABC 6 Actions News, "Daughter of immigrants, Fabiana Pierre-Louis becomes 1st Black woman on New Jersey Supreme Court," August 27, 2020
- ↑ New Jersey Globe, "Timpone resigning today; Pierre-Louis will take oath tomorrow," August 31, 2020
- ↑ Santa Fe New Mexican, "New Mexico Supreme Court's chief justice postpones retirement," June 26, 2020
- ↑ The University of New Mexico School of Law, "Judicial Vacancies," accessed September 25, 2020
- ↑ SFGate, "Raimondo makes historic nomination to state Supreme Court," December 8, 2020
- ↑ GoLocalProv, "RI Senate Confirms Judicial Appointments, Including First Minority to Majority-Female Supreme Court," December 19, 2020
- ↑ Twitter, "Gina Raimondo on December 8, 2020," accessed December 8, 2020
- ↑ Twitter, "Gina Raimondo on December 8, 2020," accessed December 8, 2020
- ↑ Cranston Herald, "Judge Flaherty rules it's time for him to 'pursue other things'," October 7, 2020
- ↑ SFGate, "Raimondo makes historic nomination to state Supreme Court," December 8, 2020
- ↑ Rhode Island Judiciary, "News AdvisoryFrom the Rhode Island Judiciary," December 18, 2020
- ↑ American Judicature Society, "Methods of Judicial Selection: Rhode Island," archived October 3, 2014
- ↑ Office of the Texas Governor, "Governor Abbott Appoints Rebeca Huddle To The Texas Supreme Court," October 15, 2020
- ↑ Texas Tribune, "Houston judge Jesse McClure appointed to Texas Court of Criminal Appeals by Gov. Greg Abbott," December 21, 2020
- ↑ King5 News, "Washington Supreme Court Chief Justice Mary Fairhurst to retire after colon cancer diagnosis," October 3, 2019
- ↑ Medium, "Inslee names first Native American to Washington State Supreme Court," December 4, 2019
- ↑ 44.0 44.1 American Judicature Society, "Merit Selection: The Best Way to Choose Judges," archived October 2, 2014
- ↑ American Judicature Society, "Judicial Merit Selection: Current Status," 2011
- ↑ 46.0 46.1 South Carolina General Assembly, "How Judges Are Selected in South Carolina," January 11, 2010
- ↑ 47.0 47.1 47.2 Commonwealth of Virginia: Division of Legislative Services, "Judicial Selection Overview," accessed December 20, 2014
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