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State supreme court vacancies, 2023
| 2023 State Supreme Court Appointments | |
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| 2023 supreme court vacancies and appointments | |
| 2023 judicial elections | |
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In 2023, there were 20 supreme court vacancies in 16 of the 29 states where replacement justices are appointed instead of elected. Three vacancies were caused by a judge elevation. One had been caused by death. Three were caused by an ascension to chief justice of the court. Twelve were caused by a judge retiring.
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.
- Patricia Guerrero, January 2023, California
- Gerald VandeWalle, January 2023, North Dakota
- Daniel Winfree, February 2023, Alaska
- Tamika Montgomery-Reeves, February 2023, Delaware
- Adrienne Nelson, February 2023, Oregon
- Maria Araujo Kahn, March 2023, Connecticut
- Ricky Polston, March 2023, Florida
- Michael Wilson, March 2023, Hawaii
- Rowan Wilson, April 2023, New York
- Paula Nakayama, April 2023, Hawaii
- James T. Vaughn Jr., May 2023, Delaware
- Robin Wynne, June 2023, Arkansas
- George Draper, August 2023, Missouri
- Sharon Lee, August 2023, Tennessee
- Michael R. Morgan, September 2023 North Carolina
- Lorie Gildea, October 2023 Minnesota
- Natalie Hudson, October 2023 Minnesota
- Patricia Breckenridge, October 2023, Missouri
- John R. Stegner, October 2023, Idaho
- Gary Hicks, November 2023, New Hampshire
Of the 20 vacancies, five were in a state where a Democratic governor appoints the replacement. Six were in a state where a Democratic governor appoints the replacement with the assistance of a commission. Two were in a state where a Republican governor appoints the replacement, who is then confirmed by the state legislature. Finally, seven were in a state where a Republican governor appoints the replacement with the assistance of a commission.
| Parties responsible for filling vacancies (2023) | |
|---|---|
| Party | Number of vacancies |
 Democratic
|
11 |
 Republican
|
9 |
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 2023, click here.
2023 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 Jude Pate to the Alaska Supreme Court on January 20, 2023. Pate succeeded Justice Daniel Winfree, who retired on February 6, 2023. Pate was Gov. Dunleavy's third nominee to the five-member court.[1]
At the time of the vacancy under Alaska law, the governor appointed a justice from a pool of names provided by the nominating commission. After occupying the seat for at least three years, the appointee would run in a yes-no retention election and, if retained, would serve a subsequent term of ten years.[2]
Arkansas
Arkansas governor Sarah Huckabee Sanders (R) appointed Cody Hiland to the Arkansas Supreme Court. Hiland replaced Justice Robin Wynne, who died on June 21, 2023. Wynne's replacement was Governor Sanders' (R) first nominee to the seven-member supreme court.
In Arkansas, state supreme court justices are elected in nonpartisan elections. There are 13 states that use this selection method. To read more about the nonpartisan election of judges, click here.
If a vacancy occurs during a Justice's term, the Arkansas governor, Sarah Huckabee Sanders, appoints an interim candidate that will serve until the swearing in of an elected successor. Wynne's successor was up for election on March 5, 2024.
California
California Governor Gavin Newsom (D) appointed Kelli M. Evans to the California Supreme Court effective January 2, 2023.[3] Evans succeeded Patricia Guerrero, who was nominated to the position of chief judge on the court on August 10, 2022.[3] Evans was Gov. Newsom's third nominee to the seven-member court.
At the time of the vacancy under California law, vacancies were filled by gubernatorial appointment. Appointed judges were required to participate in yes-no retention elections at the time of the next gubernatorial race, held every four years.
Connecticut
Governor Ned Lamont (D) appointed Nora Dannehy to the Connecticut Supreme Court through assisted appointment. Justice Maria Araujo Kahn resigned on March 10, 2023 upon her appointment to the United States Court of Appeals for the Second Circuit. Dannehy is Ned Lamont's (D) second nominee to the seven-member supreme court.
At the time of the vacancy under Connecticut law, vacancies on the court were filled via assisted appointment method.
Delaware
Montgomery-Reeves vacancy
Gov. John Carney (D) appointed N. Christopher Griffiths via assisted appointment to the Delaware Supreme Court. Justice Tamika Montgomery-Reeves resigned on February 7, 2023 to accept her nomination to the United States Court of Appeals for the Third Circuit.[4] Griffiths was Governor Carney's (D) first nominee to the five-member supreme court.
At the time of the vacancy under Delaware law, state supreme court justices were selected through assisted appointment with a governor-controlled judicial nominating commission.
Vaughn vacancy
Delaware governor John Carney appointed Abigail LeGrow to the Delaware Supreme Court. LeGrow replaced Justice James T. Vaughn Jr., who retired on May 1, 2023. Vaughn's replacement was Governor Carney's (D) third nominee to the five-member supreme court.[5]
At the time of the vacancy, Delaware law required a judicial nominating commission to recommend qualified candidates to the governor, who would select a successor from that list with senate approval. LeGrow will serve a 12-year term.
Florida
Florida governor Ron DeSantis (R) appointed Meredith Sasso to the Florida Supreme Court on May 23, 2023. Sasso succeeded Justice Ricky Polston, who retired on March 31, 2023. Polston's replacement was Governor DeSantis' (R) fifth nominee to the seven-member supreme court.[6]
At the time of the vacancy under Florida law, if a midterm vacancy occurs, the seat is filled as it normally would be if the vacancy occurred at the end of a judge's term. A judicial nominating commission recommends three to six qualified candidates to the governor, and the governor selects a successor from that list. The new appointee serves for at least one year before running in a yes-no retention election.[7]
Hawaii
Wilson vacancy
Hawaii governor Joshua Green (D) appointed Lisa M. Ginoza to the Hawaii Supreme Court on October 23, 2023. She was confirmed on November 21, 2023.[8]
Ginoza succeeded Justice Michael D. Wilson, who retired on March 31, 2023, due to reaching Hawaii's mandatory retirement age. Wilson's replacement was Governor Green's (D) first nominee to the five-member supreme court.
In Hawaii, state supreme court justices are selected through assisted appointment with a hybrid judicial nominating commission. Justices are appointed by the governor with the assistance of a commission who has no majority of members selected either by the governor or the state Bar Association. There are 10 states that use this selection method. To read more about the assisted appointment of judges, click here.
Nakayama vacancy
Hawaii governor Joshua Green (D) appointed Vladimir P. Devens to the Hawaii Supreme Court on October 23, 2023. The Hawaii State Senate confirmed Green's appointment on November 21, 2023.[8]
Devens replaced Justice Paula Nakayama, who retired on April 21, 2023 due to reaching the state's mandatory retirement age of 70. Nakayama's replacement was Governor Green's (D) second nominee to the five-member supreme court.
In Hawaii, state supreme court justices are selected through assisted appointment with a hybrid judicial nominating commission. Justices are appointed by the governor with the assistance of a commission who has no majority of members selected either by the governor or the state Bar Association. There are 10 states that use this selection method. To read more about the assisted appointment of judges, click here.
Idaho
Governor Brad Little (R) appointed Cynthia Meyer to serve on the Idaho Supreme Court. Meyer was sworn in on January 5, 2024. Meyer replaces Justice John R. Stegner, who retired on October 31, 2023, citing his desire to return to private practice.[5] Stegner's replacement is Governor Little's second nominee to the five-member supreme court.
In Idaho, state supreme court justices are elected in nonpartisan elections. There are 13 states that use this selection method. To read more about the nonpartisan election of judges, click here.
If a midterm vacancy occurs on the court, an interim judge is appointed by the governor from a list of two to four names provided by a nominating commission. This judge will serve out the remainder of the unexpired term, after which he or she must run in a nonpartisan election to remain on the court.[9]
Minnesota
Gildea vacancy
Minnesota governor Tim Walz (D) appointed Natalie Hudson to the chief justiceship of the Minnesota Supreme Court. She had previously served as an associate justice of the court from 2015 until her ascension in 2023.
Hudson replaced Chief Justice Lorie Gildea, who retired on October 1, 2023. Gildea's replacement is Governor Walz's (D) second nominee to the seven-member supreme court.
In Minnesota, state supreme court justices are elected in nonpartisan elections. There are 13 states that use this selection method. To read more about the nonpartisan election of judges, click here.
Interim vacancies on the supreme court are filled via gubernatorial appointment. After serving for at least one year, the appointed judge can run for a full term in the next general election.[10] Other candidates may file to run against them in the election.[11]
Hudson vacancy
Minnesota governor Tim Walz (D) appointed Karl Procaccini to the Minnesota Supreme Court. Procaccini replaced Justice Natalie Hudson, who ascended to the Chief Justice position on October 2, 2023. Hudson's replacement was Governor Walz's (D) third nominee to the seven-member supreme court.
In Minnesota, state supreme court justices are elected in nonpartisan elections. There are 13 states that use this selection method. To read more about the nonpartisan election of judges, click here.
Interim vacancies on the supreme court are filled via gubernatorial appointment. After serving for at least one year, the appointed judge can run for a full term in the next general election.[10] Other candidates may file to run against them in the election.[11]
Missouri
Draper vacancy
Missouri governor Mike Parson (R) appointed Kelly Broniec to the Missouri Supreme Court. Broniec replaced Justice George Draper who retired on August 4, 2023, due to reaching the state's mandatory retirement age of 70. Draper's replacement was Governor Mike Parson's (R) second nominee to the seven-member supreme court.[12][13]
At the time of the vacancy, Missouri law required the governor to appoint a new judge from a list of candidates compiled by the Missouri Appellate Judicial Commission. Newly appointed judges were required to stand for retention in the next general election occurring one to three years after taking office.
Breckenridge vacancy
Missouri governor Mike Parson appointed Ginger Gooch to the Missouri Supreme Court on October 30, 2023. She was sworn in two days later, on November 1, 2023.
Gooch replaced Justice Patricia Breckenridge, who retired on October 13, 2023, after reaching the state's mandatory retirement age of 70. Breckenridge's replacement was Governor Mike Parson's (R) third nominee to the seven-member supreme court.[14][15]
At the time of the vacancy, Missouri law required the governor to appoint a new judge from a list of candidates compiled by the Missouri Appellate Judicial Commission. Newly appointed judges were required to stand for retention in the next general election occurring one to three years after taking office.
New Hampshire
Governor Chris Sununu (R) appointed Melissa Beth Countway to the New Hampshire Supreme Court on November 8, 2023 to succeed Justice Gary Hicks. Her nomination was confirmed by the New Hampshire Executive Council on December 21, 2023.[16] Countway will serve until July 18, 2041, when she will reach the mandatory retirement age of 70 years.[17]
Countway replaces Justice Gary Hicks, who retired on November 30, 2023, due to reaching the court's mandatory retirement age. His replacement was Governor Sununu's (R) fifth nominee to the five-member supreme court.
In New Hampshire, state supreme court justices are selected through direct gubernatorial appointment. Justices are appointed directly by the governor without the use of a nominating commission.[18] There are five states that use this selection method. To read more about the gubernatorial appointment of judges, click here.
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.[19]
New York
New York governor Kathy Hochul appointed Caitlin J. Halligan to the New York Court of Appeals. Halligan replaced Judge Rowan Wilson, who ascended to the position of Chief Judge on April 18, 2023. Wilson's replacement was Governor Hochul's (D) third nominee to the seven-member supreme court.
In New York, state court of appeals judges are selected through assisted appointment with a hybrid judicial nominating commission. Judges are appointed by the governor with the assistance of a commission who has no majority of members selected either by the governor or the state Bar Association. There are 10 states that use this selection method. To read more about the assisted appointment of judges, click here.
North Carolina
North Carolina Governor Roy Cooper (D) appointed Allison Riggs to the Supreme Court of North Carolina on September 11, 2023. She was sworn in the same day.
Riggs replaced Justice Michael R. Morgan, who retired on September 8, 2023. Riggs was Cooper's second nominee to the seven-member supreme court.
In North Carolina, state supreme court justices are elected in partisan elections. There are eight states that use this selection method. To read more about the partisan election of judges, click here.
If a midterm vacancy occurs, the governor appoints a replacement candidate to serve until the next general election. Riggs was up for election in 2024.
North Dakota
North Dakota Governor Doug Burgum (R) appointed Douglas Bahr to the North Dakota Supreme Court effective February 1, 2023. Bahr succeeded Gerald VandeWalle, who retired on January 31, 2023. Bahr was Gov. Burgum's second nominee to the five-member supreme court.[20]
At the time of the vacancy under North Dakota law, the governor appointed a replacement with help from a judicial nominating commission. Alternatively, the governor could call a special election to fill the vacancy. Appointed judges served for at least two years, after which they needed to run for election to finish the remainder of the unexpired term.[21]
Oregon
Governor Tina Kotek (D) appointed Aruna Masih to the Oregon Supreme Court. Justice Adrienne Nelson resigned after she was elevated to the U.S. District Court of Oregon on February 23, 2023. Masih was Governor Kotek's (D) first nominee to the seven-member supreme court.
In Oregon, state supreme court justices are elected in nonpartisan elections. There are 13 states that use this selection method. To read more about the nonpartisan election of judges, click here. If an interim vacancy occurs, the governor appoints a candidate to serve until the following general election. The next primary election was scheduled on May 21, 2024, with a general election scheduled on November 5, 2024. Masih will have the opportunity to run for a full term.
Tennessee
Tennessee Governor Bill Lee (R) nominated attorney Dwight Tarwater to the Tennessee Supreme Court on February 2, 2023. The Tennessee State Senate confirmed Tarwater on March 9, 2023. He assumed office on September 1, 2023.[22][3]
Tarwater replaced Justice Sharon Lee, who retired on August 31, 2023. Tarwater was Governor Lee's (R) second nominee to the five-member supreme court.[23][3]
At the time of the vacancy under Tennessee law, supreme court justices were selected through assisted appointment. The governor made the initial judicial appointments that were then confirmed by the Tennessee State Legislature. Justices would face retention elections at the end of their terms.
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.[24]
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.[24]
Nominating commissions
States vary in the composition of their nominating commissions and the application of them.[25] 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.[26][27]
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.[26][27] 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.[27]
Visit Judicial selection in South Carolina and Judicial selection in Virginia for more details about each state's selection processes.
See also
Footnotes
- ↑ Alaska Public Media, "Dunleavy picks Sitka judge for Supreme Court, first justice in decades from small-town Alaska," January 23, 2023
- ↑ American Judicature Society, "Methods of Judicial Selection: Alaska," accessed October 2, 2014
- ↑ 3.0 3.1 3.2 3.3 Office of Governor Gavin Newsom, "Governor Newsom Announces Historic Supreme Court Nominations," August 10, 2022 Cite error: Invalid
<ref>tag; name "nom" defined multiple times with different content - ↑ Delaware Courts, "Justice Tamika Montgomery-Reeves announces she will step down in February to join the U.S. Third Circuit Court of Appeals," December 16, 2022
- ↑ 5.0 5.1 Delaware Live, "Longtime Delaware Supreme Court justice to retire," November 29, 2022 Cite error: Invalid
<ref>tag; name "retire" defined multiple times with different content - ↑ Florida Politics, "Ron DeSantis to get fifth Supreme Court pick as Rick Polston retires from Florida Supreme Court," March 20, 2023
- ↑ American Judicature Society, "Methods of Judicial selection: Florida," archived October 2, 2014
- ↑ 8.0 8.1 Honolulu Civil Beat, "Senate Confirms Ginoza, Devens To Hawaii Supreme Court," November 21, 2023
- ↑ National Center for State Courts, "Methods of Judicial Selection," accessed September 14, 2021
- ↑ 10.0 10.1 Cite error: Invalid
<ref>tag; no text was provided for refs namedMNselect - ↑ 11.0 11.1 The Office of the Revisor of Statutes, "Constitution of the State of Minnesota," accessed August 8, 2016
- ↑ St. Louis Post-Dispatch, "Two Missouri Supreme Court judges to retire," February 8, 2023
- ↑ St. Louis Post-Dispatch, "Parson set to make second appointment to Missouri Supreme Court," June 20, 2023
- ↑ St. Louis Post-Dispatch, "Two Missouri Supreme Court judges to retire," February 8, 2023
- ↑ St. Louis Post-Dispatch, "Parson set to make second appointment to Missouri Supreme Court," June 20, 2023
- ↑ The Telegraph, "Countway confirmed to New Hampshire Supreme Court; Laconia land deal delayed," December 21, 2023
- ↑ Laconia Daily Sun, "Melissa Countway, former Belknap County attorney, confirmed to NH Supreme Court," December 21, 2023
- ↑ Note: In New Hampshire, a judicial selection commission has been established by executive order. The commission's recommendations are not binding.
- ↑ National Center for State Courts, "Methods of Judicial Selection: New Hampshire | Selection of Judges," accessed August 24, 2021
- ↑ North Dakota Office of the Governor, "Burgum appoints Judge Douglas Bahr to succeed VandeWalle on North Dakota Supreme Court on Feb. 1," January 9, 2023
- ↑ National Center for State Courts, "Methods of Judicial Selection: North Dakota," accessed August 16, 2021
- ↑ 10 News, "TN lawmakers confirm Dwight Tarwater as next Supreme Court justice," March 9, 2023
- ↑ Tennessee State Courts, "Justice Lee Announces August 2023 Retirement," November 15, 2022
- ↑ 24.0 24.1 American Judicature Society, "Merit Selection: The Best Way to Choose Judges," archived October 2, 2014
- ↑ American Judicature Society, "Judicial Merit Selection: Current Status," 2011
- ↑ 26.0 26.1 South Carolina General Assembly, "How Judges Are Selected in South Carolina," January 11, 2010
- ↑ 27.0 27.1 27.2 Commonwealth of Virginia: Division of Legislative Services, "Judicial Selection Overview," accessed December 20, 2014
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