Length of terms of state supreme court justices
| Methods of judicial selection |
|---|
 |
| Election methods |
| Partisan election |
| Nonpartisan election |
| Michigan method |
| Retention election |
| Assisted appointment |
| Assisted appointment |
| Bar-controlled commission |
| Governor-controlled commission |
| Hybrid commission |
| Direct appointment |
| Court appointment |
| Gubernatorial appointment |
| Legislative election |
| Municipal government selection |
The length of terms of state supreme court justices refers to the period of time justices hold office before they must either be re-elected or otherwise re-appointed to a subsequent term.
- Forty-six states and the District of Columbia have terms for supreme court justices.
- Three states—Massachusetts, New Hampshire, and New Jersey—do not have terms but justices are required to retire at the age of 70.
- In one state—Rhode Island—supreme court justices serve for life and are not required to retire.
In the states with terms for state supreme court justices, the most common length is six years used in 15 states followed by terms of eight and ten years, used in 12 states each. The District of Columbia has the longest term, with justices serving 15 year terms.
Click the links below to explore this page:
- Learn about judicial selection and election methods
- See the terms for state supreme court justices by state
Judicial selection and election methods
- See also: Judicial selection in the states
Methods of judicial selection vary substantially across the United States.[1] Though each state has a unique set of guidelines governing how they fill their state and local judiciaries, there are five main methods:
- Partisan elections: Judges are elected by the people, and candidates are listed on the ballot alongside a label designating political party affiliation.
- Nonpartisan elections: Judges are elected by the people, and candidates are listed on the ballot without a label designating party affiliation.
- Legislative elections: Judges are selected by the state legislature.
- Gubernatorial appointment: Judges are appointed by the governor. In some cases, approval from the legislative body is required.
- 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. After serving an initial term, the judge must be confirmed by the people in a yes-no retention election to remain on the court.[2]
Re-election methods
After the expiration of a full term, 38 states require the justice to appear on a statewide ballot in an election, though the format of that election may vary:
- Nineteen states require justices to participate in a retention election, a yes-no election where voters are asked to decide whether the justice should remain in office. The justice, who does not face an opponent, is removed from office if a certain percentage of voters (often 50%) indicate that he or she should not be retained.
- Twelve states require justices to participate in a nonpartisan election where justices and their opponents are listed on the ballot without an indication of their political affiliation.
- Five states require justices to participate in a partisan election where justices and their opponents are listed on the ballot alongside their political affiliations.
Michigan uses its own method that combines nonpartisan general elections preceded by a partisan candidate selection process. In Montana, justices run in a nonpartisan election unless they are unopposed, in which case they stand for retention.
In eight states, justices do not stand for election to earn a subsequent term:
- In three states—Connecticut, Maine, and New York—justices must be re-appointed by the governor and re-confirmed by one or both legislative chambers.
- In three states—South Carolina, Vermont, and Virginia—justices must be re-elected by the state legislature.
In Delaware, justices must reapply to the Delaware Judicial Nominating Commission, which screens and recommends nominees to the governor for final selection. The commission must recommend sitting judges for re-appointment unless two thirds or more of the commission objects. In Hawaii, justices must receive a majority vote from the Hawaii Judicial Selection Commission for a subsequent term.
Length of terms
The map and table below show the terms for state supreme court justices by state. These lengths represent full terms. In sixteen states, justices must serve a shorter term of between one to three years immediately after assuming office. After these shortened terms, justices stand for retention elections in order to serve a full term.
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See also
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