State supreme court vacancies, 2021
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In 2021, there were 19 supreme court vacancies in 17 of the 29 states where replacement justices are appointed instead of elected. Eighteen of the vacancies were caused by retirements, and one vacancy was caused by a justice's death.
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.
- Nathan Coats, January 2021, Colorado
- David Gilbertson, January 2021, South Dakota
- Tom Colbert, February 2021, Oklahoma
- Laura Denvir Stith, March 2021, Missouri
- Paul Feinman, March 2021, New York
- Andrew Gould, April 2021, Arizona
- Joel Bolger, June 2021, Alaska
- Roger Burdick, June 2021 Idaho
- Barbara Vigil, June 2021, New Mexico
- Leslie Stein, June 2021, New York
- Eva Guzman, June 2021, Texas
- Harold Melton, July 2021, Georgia
- Mary Ellen Barbera, September 2021, Maryland
- Cornelia Clark, September 2021, Tennessee
- Mariano-Florentino Cuéllar, October 2021, California
- Beth Robinson, November 2021, Vermont
- Jaynee LaVecchia, December 2021, New Jersey
- Eugene Fahey, December 2021, New York
- Lynn Nakamoto, December 2021, Oregon
Eleven vacancies—in Alaska, Arizona, Georgia, Idaho, Maryland, Missouri, Oklahoma, South Dakota, Tennessee, Texas, and Vermont—were in states where a Republican governor appoints the replacement. The other eight vacancies—in California, Colorado, New Jersey, New Mexico, New York, and Oregon—were in states where a Democratic governor appoints the replacement.
| Parties responsible for filling vacancies (2021) | |
|---|---|
| Party | Number of vacancies |
 Democratic
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8 |
 Republican
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11 |
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 2021, click here.
2021 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 Jennifer Stuart Henderson to the Alaska Supreme Court on July 7, 2021.[1] Henderson succeeded Chief Justice Joel Bolger, who retired on June 30, 2021. Henderson was Gov. Dunleavy's second nominee to the five-member supreme court.
At the time of the vacancy, state supreme court justices were appointed by the governor from a list of two or more nominees compiled by the Alaska Judicial Council, under Alaska law.
Arizona
Arizona Governor Doug Ducey (R) appointed Kathryn Hackett King to the Arizona Supreme Court on July 8, 2021.[1] King succeeded Justice Andrew W. Gould, who retired on April 1, 2021.[2][3] King was Gov. Ducey's sixth nominee to the seven-member supreme court.
At the time of the vacancy, justices on the Arizona Supreme Court were selected through the assisted appointment method for six-year renewable terms, under Arizona law. Following the initial appointment, judges would be subject to a retention election in the next general election which would occur more than two years after the appointment.
California
California Governor Gavin Newsom (D) appointed Patricia Guerrero to the California Supreme Court on February 15, 2022. Guerrero succeeded Mariano-Florentino Cuéllar, who retired on October 31, 2021, to become president of the Carnegie Endowment for International Peace think tank.[4][5][6][7] Guerrero was Gov. Newsom's second nominee to the seven-member court.
At the time of the vacancy under California law, justices of the California Supreme Court were selected by gubernatorial appointment.
Colorado
Colorado Governor Jared Polis (D) appointed Maria Berkenkotter to the Colorado Supreme Court on November 20, 2020. Berkenkotter was Polis' first nominee to the seven-member supreme court.[8] She succeeded Chief Justice Nathan Coats. Coats retired on January 22, 2021, when he reached the mandatory retirement age of 72.[9][10]
At the time of the vacancy, state supreme court justices were selected by the governor with help from a nominating commission, under Colorado law.
Georgia
Georgia Governor Brian Kemp (R) appointed Verda Colvin to the Georgia Supreme Court on July 20, 2021. Colvin succeeded Harold Melton, who retired on July 1, 2021.[11][12] Colvin was Gov. Kemp's third nominee to the nine-member court.
As of July 2021, under Georgia law when an interim vacancy occurred the seat was filled using the assisted appointment method of judicial selection with the governor selecting the interim justice from a slate of candidates provided by the Georgia Judicial Nominating Commission. The commission would recommend at least five candidates to the governor for each judicial vacancy unless fewer than five applicants are found to be qualified. There was no requirement that the governor appoint a candidate from the nominating commission's list.[13]
Idaho
Idaho Governor Brad Little (R) appointed Colleen Zahn to the Idaho Supreme Court on June 1, 2021. Zahn succeeded Roger Burdick, who retired on June 30, 2021. Zahn was Gov. Little's first nominee to the five-member supreme court.[14][5]
At the time of the vacancy, an interim judge was appointed by the governor from a list of two to four names provided by a nominating commission in the event of a midterm vacancy, under Idaho law. The judge would serve out the remainder of the unexpired term, after which they would have to run in a nonpartisan election to remain on the court.[15]
Maryland
Maryland Governor Larry Hogan (R) appointed Steven Gould to the Maryland Court of Appeals on September 3, 2021.[5] Gould succeeded Chief Justice Mary Ellen Barbera, who retired on September 10, 2021, upon reaching the state court's mandatory retirement age of 70 years. Gould was Gov. Hogan's fifth nominee to the seven-member supreme court.
At the time of the vacancy under Maryland law, judges of the Maryland Court of Appeals were selected through the assisted appointment method. The Maryland Judicial Nominating Commission screened candidates and submitted a shortlist to the governor. The governor would appoint a judge from the list and the appointee had to be confirmed by the Maryland State Senate.[16][17]
Missouri
Missouri Governor Mike Parson (R) appointed Robin Ransom to the Missouri Supreme Court on May 24, 2021. Ransom succeeded Laura Denvir Stith, who retired on March 8, 2021.[18] Ransom was Gov. Parson's first nominee to the seven-member supreme court.[19][20]
Under Missouri law at the time of the vacancy, the Missouri Appellate Judicial Commission would select supreme court judges according to the Missouri Plan. When a seat on the court became vacant, the commission would submit three names to the governor to determine the replacement. If the governor neglected this duty, the responsibility would go to the commission.[21][22]
New Jersey
New Jersey Governor Phil Murphy (D) nominated Rachel Wainer Apter to the New Jersey Supreme Court on March 15, 2021.[23][24] New Jersey Supreme Court Justice Jaynee LaVecchia retired on December 31, 2021. LaVecchia's original retirement date was scheduled for August 2021.[25][26][27] On January 11, 2022, Gov. Murphy announced his intent to renominate Wainer Apter to the seat.[28] Wainer Apter is Gov. Murphy's second nominee to the seven-member supreme court. Wainer Apter was confirmed by the New Jersey State Senate on October 18, 2022.[29]
Under New Jersey law at the time of the vacancy, justices of the New Jersey Supreme Court are nominated by the governor in the event of a midterm vacancy. One week after the public notice was issued by the governor, the nominees had to pass the "advice and consent" of the New Jersey State Senate. Newly appointed judges would serve for seven years, after which they were permitted to be reappointed to serve until age 70.[30]
New Mexico
New Mexico Gov. Michelle Lujan Grisham (D) appointed Briana Zamora to the New Mexico Supreme Court on July 16, 2021.[1] Zamora succeeded Justice Barbara J. Vigil, who retired on June 30, 2021.[31] Zamora was Gov. Lujan Grisham's fourth nominee to the five-member supreme court.
Under New Mexico law at the time of the vacancy, midterm 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. Appointees would serve until the next general election, in which they must participate in a partisan election to remain on the bench for the remainder of the unexpired term.[16][31]
New York
March 2021
New York Governor Andrew Cuomo (D) appointed Anthony Cannataro to the New York Court of Appeals on May 25, 2021. Cannataro succeeded Justice Paul G. Feinman, who retired on March 23, 2021, to attend to health concerns.[32] Feinman passed away on March 31, 2021.[33] Cannataro was Gov. Cuomo's ninth nominee to the seven-member supreme court.[34]
At the time of the vacancy, New York Court of Appeals justices were appointed by the governor from a list of candidates provided by a judicial nominating commission, pending confirmation from the New York Senate. Justices served 14-year terms.
June 2021
New York Governor Andrew Cuomo (D) appointed Madeline Singas to the New York Court of Appeals on May 25, 2021. Singas succeeded Justice Leslie Stein, who retired on June 4, 2021. Singas was Gov. Cuomo's eighth nominee to the seven-member supreme court.[35][34] Stein's replacement was Governor Andrew Cuomo's eighth nominee to the seven-member supreme court.
At the time of the vacancy, New York Court of Appeals justices were appointed by the governor from a list of candidates provided by a judicial nominating commission, pending confirmation from the New York Senate. Justices served 14-year terms.
December 2021
New York Governor Kathy Hochul (D) appointed Shirley Troutman to the New York Court of Appeals on November 23, 2021, to succeed Eugene Fahey.[34] Fahey retired on December 31, 2021, when he reached the court's mandatory retirement age of 70 years old.[36] Troutman was Governor Kathy Hochul's (D) first nominee to the seven-member supreme court.
Under New York law, New York Court of Appeals justices serve 14-year terms. They are appointed by the governor from a list of candidates provided by a judicial nominating commission, pending confirmation from the New York Senate.
Oklahoma
Oklahoma Governor Kevin Stitt (R) appointed Dana Kuehn to the Oklahoma Supreme Court on July 26, 2021. Kuehn succeeded Justice Tom Colbert, who retired on February 1, 2021. Kuehn was Gov. Stitt's third nominee to the nine-member supreme court.
At the time of the vacancy, state supreme court justices were selected by the governor with help from a nominating commission.
Oregon
Governor Kate Brown (D) appointed Roger J. DeHoog to the Oregon Supreme Court on January 19, 2022.[37] DeHoog succeeded Justice Lynn Nakamoto, who retired from the court on December 31, 2021.[32] DeHoog was Gov. Brown's sixth nominee to the seven-member supreme court.
At the time of the appointment, midterm vacancies on the court were filled by gubernatorial appointment.
South Dakota
South Dakota Gov. Kristi Noem (R) appointed Scott P. Myren to the South Dakota Supreme Court on October 28, 2020. Myren joined the court in early January 2021 when Chief Justice David Gilbertson reached mandatory retirement at the age of 70 years old.[5][31] Myren was Noem's second nominee to the five-member supreme court.
At the time of the vacancy, state supreme court justices were appointed by the governor with help from a state judicial qualifications commission.
Tennessee
Tennessee Governor Bill Lee (R) appointed Sarah Campbell to the Tennessee Supreme Court on January 12, 2022.[1] Campbell succeeded Justice Cornelia Clark, who passed away from cancer on September 24, 2021.[38] Campbell is Governor Lee's first nominee to the five-member supreme court.
At the time of the vacancy, midterm vacancies on the court were filled by assisted appointment with legislative approval.
Texas
Texas Governor Gov. Greg Abbott (R) appointed Evan Young to the Texas Supreme Court on November 1, 2021.[5] Young succeeded Justice Eva Guzman, who resigned on June 11, 2021.[39][40] Young was Gov. Abbott's fifth nominee to the nine-member supreme court.
At the time of the vacancy, Texas law directed the governor to appoint a replacement to the Texas Supreme Court in the event of a midterm vacancy. The Texas State Senate must then confirm the nominee. Appointees serve until the next general election, in which he or she must participate in a partisan election to remain on the bench for the remainder of the unexpired term.[16]
Vermont
Vermont Governor Phil Scott (R) appointed Nancy Waples to the Vermont Supreme Court on February 25, 2022.[5] The Vermont State Senate unanimously confirmed Waples on March 25, 2022.[41] Waples succeeded Beth Robinson, who left the state supreme court in November 2021, following her elevation to the United States Court of Appeals for the Second Circuit.[42][43] Waples was Gov. Scott's third nominee to the five-member supreme court.
At the time of the vacancy under Vermont law, the five justices of the Vermont Supreme Court were selected through assisted appointment where the governor appoints a judge from a nominating commission's list and the Vermont Senate confirms the appointee. Once confirmed, appointees would serve six-year terms. At the end of each term, judges would face retention by a vote of the Vermont General Assembly.[16]
Selection methods
The governor alone appoints judges in six states, while a nominating commission provides the governor a list of potential nominees in 22 states.[44] 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.[45]
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.[45]
Nominating commissions
States vary in the composition of their nominating commissions and the application of them.[46] These variations may include:
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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.[47][48]
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.[47][48] 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.[48]
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 Alaska Public Media, "Anchorage judge Jennifer Stuart Henderson to be newest Alaska Supreme Court justice," July 8, 2021 Cite error: Invalid
<ref>tag; name "appoint" defined multiple times with different content Cite error: Invalid<ref>tag; name "appoint" defined multiple times with different content Cite error: Invalid<ref>tag; name "appoint" defined multiple times with different content - ↑ AZCentral, "Arizona Supreme Court Justice Andrew Gould announces retirement," March 12, 2021
- ↑ Associated Press, "Arizona Supreme Court Justice Andrew Gould to retire," March 12, 2021
- ↑ California Globe, "State Supreme Court Justice Mariano-Florentino Cuellar To Leave Court On October 31st," September 17, 2021
- ↑ 5.0 5.1 5.2 5.3 5.4 5.5 Office of Governor Gavin Newsom, "Governor Newsom Nominates Justice Patricia Guerrero to Serve on California Supreme Court," February 15, 2022 Cite error: Invalid
<ref>tag; name "appt" defined multiple times with different content Cite error: Invalid<ref>tag; name "appt" defined multiple times with different content Cite error: Invalid<ref>tag; name "appt" defined multiple times with different content Cite error: Invalid<ref>tag; name "appt" defined multiple times with different content Cite error: Invalid<ref>tag; name "appt" defined multiple times with different content - ↑ CBS8, "Governor nominates San Diego judge to State Supreme Court," February 16, 2022
- ↑ The Sacramento Bee, "Fourth District Court of Appeal Justice Patricia Guerrero will be the first Latina to California Supreme Court," February 16, 2022
- ↑ Colorado.gov, "Governor Polis Appoints Colorado Supreme Court Justice," November 20, 2020
- ↑ Colorado Judicial Branch, "Chief Justice Nathan B. Coats announces retirement, Justice Brian D. Boatright to serve as next Chief Justice as Colorado Supreme Court moves to rotational terms for Chief," August 19, 2020
- ↑ Colorado Judicial Branch, "Colorado Supreme Court Chief Justice Nathan B. Coatsto retire, Nominating Commission sets date to select nominees," September 28, 2020
- ↑ The Atlanta Journal-Constitution, "Kemp appoints Colvin to fill vacancy on Georgia Supreme Court," July 20, 2021
- ↑ WTVM, "Ga. Supreme Court Chief Justice Melton announces retirement from state’s highest court," February 12, 2021
- ↑ American Judicature Society, "Methods of Judicial Selection: Georgia; Judicial Nominating Commissions," archived October 2, 2014
- ↑ Idaho News 6, "Idaho Supreme Court justice Roger Burdick announces resignation," February 7, 2021
- ↑ American Judicature Society, "Methods of Judicial Selection: Idaho," archived October 2, 2014
- ↑ 16.0 16.1 16.2 16.3 National Center for State Courts, "Methods of Judicial Selection: Maryland," accessed August 16, 2021 Cite error: Invalid
<ref>tag; name "general" defined multiple times with different content Cite error: Invalid<ref>tag; name "general" defined multiple times with different content Cite error: Invalid<ref>tag; name "general" defined multiple times with different content - ↑ Maryland Manual Online, APPELLATE COURTS JUDICIAL NOMINATING COMMISSION," February 28, 2020
- ↑ KBIA, "Missouri's Second Female Supreme Court Judge Is Retiring," February 3, 2021
- ↑ ABC News, "Governor appoints 1st Black woman to Missouri Supreme Court," May 24, 2021
- ↑ CBS 13 KRCTV, "Gov. Parson appoints first Black woman, Judge Robin Ransom to Missouri Supreme Court," May 24, 2021
- ↑ Your Missouri Courts, "Supreme Court Judges," accessed January 29, 2015
- ↑ American Judicature Society, "Methods of Judicial Selection: Missouri," accessed January 29, 2015
- ↑ NJ.com, "Murphy picks civil rights attorney, former Ruth Bader Ginsburg clerk to join N.J. Supreme Court," March 15, 2021
- ↑ Press of Atlantic City, "Murphy announces state Supreme Court nominee, will join First Lady for NJ school visit later," March 15, 2021
- ↑ POLITICO, "LaVecchia retiring from state Supreme Court, giving Murphy appointment opportunity," March 8, 2021
- ↑ New Jersey Globe, "LaVecchia postpones retirement as Senate stalls on Murphy Supreme Court pick," July 28, 2021
- ↑ Law.com, "LaVecchia delays retirement until end of 2021," July 28, 2021
- ↑ State of New Jersey, Governor Phil Murphy, "Governor Murphy Announces Intention to Renominate Rachel Wainer Apter to Serve on the New Jersey Supreme Court," January 11, 2022
- ↑ NJ.com, "Depleted N.J. Supreme Court will get 2 justices after Senate confirms them, ending logjam," October 18, 2022
- ↑ American Judicature Society, "Methods of Judicial Selection: New Jersey," archived October 2, 2014
- ↑ 31.0 31.1 31.2 KRQE, "High court justice, who authored end to execution, to retire," April 28, 2021 Cite error: Invalid
<ref>tag; name "retire" defined multiple times with different content - ↑ 32.0 32.1 Court of Appeals, State of New York, "New Message from Chief Judge DiFiore - March 22, 2021," March 22, 2021 Cite error: Invalid
<ref>tag; name "anno" defined multiple times with different content - ↑ New York State Governor Andrew Cuomo, "Statement From Governor Andrew M. Cuomo on the Passing of Judge Paul Feinman," March 31, 2021
- ↑ 34.0 34.1 34.2 Governor Andrew M. Cuomo, "Governor Cuomo Announces Nominations for Court of Appeals and Court of Claims and First Round of Appointments to the Appellate Division of the Supreme Court," May 25, 2021 Cite error: Invalid
<ref>tag; name "nom" defined multiple times with different content - ↑ Times Union, "Judge Leslie Stein to retire from Court of Appeals," November 3, 2020
- ↑ Lexology, "Two Court of Appeals Judges to Retire in 2021," November 10, 2020
- ↑ State of Oregon Newsroom, "Governor Kate Brown Announces Appointments to the Oregon Supreme Court and Oregon Court of Appeals," January 19, 2022
- ↑ AP News, "Tennessee Supreme Court Justice Cornelia Clark dies," September 24, 2021
- ↑ Texas Tribune, "Texas Supreme Court Justice Eva Guzman resigns," June 7, 2021
- ↑ Texas Tribune, "Eva Guzman, former Texas Supreme Court justice, officially starts campaign for attorney general," June 21, 2021
- ↑ Vermont Business Magazine, "Governor Scott hails confirmation of Nancy Waples to Supreme Court," March 25, 2022
- ↑ The White House, "President Biden Names Sixth Round of Judicial Nominees," August 5, 2021
- ↑ Vermont Judiciary, "Memorandum: Information Concerning Judicial Vacancy (Associate Justice)," November 18, 2021
- ↑ As of July 2021, the sixth state is Montana. Montana Governor Greg Gianforte (R) signed a new bill into law effectively eliminating the Montana Judicial Nominating Commission's role in the selection process and giving the governor sole appointing power. Previously, the commission submitted a list of nominees to the governor. Nominees must be confirmed by the Montana State Senate.
- ↑ 45.0 45.1 American Judicature Society, "Merit Selection: The Best Way to Choose Judges," archived October 2, 2014
- ↑ American Judicature Society, "Judicial Merit Selection: Current Status," 2011
- ↑ 47.0 47.1 South Carolina General Assembly, "How Judges Are Selected in South Carolina," January 11, 2010
- ↑ 48.0 48.1 48.2 Commonwealth of Virginia: Division of Legislative Services, "Judicial Selection Overview," accessed December 20, 2014
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