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Judicial selection in Massachusetts: Difference between revisions

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|Image = Judicialselectionlogo.png
|Image = Judicialselectionlogo.png
|Court1 = Massachusetts Supreme Judicial Court
|Court1 = Massachusetts Supreme Judicial Court
|Method1 = [[Gubernatorial appointment]] with approval of Governor's Council
|Method1 = [[Gubernatorial appointment of judges|Gubernatorial appointment]]
|Term1 = Until age 70
|Term1 = Until age 70
|Court2 = Massachusetts Appeals Court
|Court2 = Massachusetts Appeals Court
|Method2 = [[Assisted appointment]] with approval of Governor's Council
|Method2 = [[Assisted appointment of state court judges|Assisted appointment]]  
|Term2 = Until age 70
|Term2 = Until age 70
|Court3 = Massachusetts Superior Courts
|Court3 = Massachusetts Superior Courts
|Method3 = [[Assisted appointment]] with approval of Governor's Council
|Method3 =[[Assisted appointment of state court judges|Assisted appointment]]
|Term3 = Until age 70
|Term3 = Until age 70
}}{{tnr|maxwidth=200px}}
}}{{tnr|maxwidth=200px}}


'''Selection of state court judges in Massachusetts''' occurs through [[gubernatorial appointment]] with approval from the Governor's Council. The appeals court and superior court also require recommendations from a nominating commission, as do the limited jurisdiction courts.<ref name=general>[http://web.archive.org/web/20141002152900/http://judicialselection.us/judicial_selection/methods/selection_of_judges.cfm?state=MA ''American Judicature Society'', "Methods of Judicial Selection: Massachusetts," archived October 2, 2014]</ref>
Judicial selection refers to the process used to select judges for courts. At the state level, methods of judicial selection vary substantially in the United States, and in some cases between different court types within a state. There are six primary types of judicial selection: [[Partisan election of judges|partisan]] and [[Nonpartisan election of judges|nonpartisan]] elections, the [[Michigan method (state supreme court selection)|Michigan method]], [[Assisted appointment (judicial selection)|assisted appointment]], [[Gubernatorial appointment of judges|gubernatorial appointment]], and [[Legislative election of judges|legislative elections]]. To read more about how these selection methods are used across the country, [[Judicial selection in the states|click here]].


Massachusetts is one of only a few states in which judges serve lifetime appointments. They are, however, required to retire by age 70.<ref name=ambar>[http://www.americanbar.org/content/dam/aba/migrated/leadership/fact_sheet.authcheckdam.pdf ''American Bar Association'', "Fact sheet on judicial selection methods in the states," accessed August 25, 2014]</ref><ref name=general/><ref name=massbar/>
This article covers how '''state court judges are selected in Massachusetts''', including:


==Supreme Judicial Court==
*[[#Massachusetts Supreme Judicial Court| Massachusetts Supreme Judicial Court]],
*[[#Massachusetts Appeals Court|Massachusetts Appeals Court]],
*[[#Massachusetts Superior Courts|Massachusetts Superior Courts]], and
*[[#Limited jurisdiction courts|Limited jurisdiction courts]]


:: ''See also: [[Gubernatorial appointment]]''
As of April 2025, the selection of supreme court judges in Massachusetts occurred through [[Gubernatorial appointment of judges|gubernatorial appointment]] with approval from the Governor's Council.<ref>Gubernatorial appointment takes place when the governor directly selects judges.</ref> Judges of the appeals court, superior court, and limited jurisdiction courts are selected through [[Assisted appointment (judicial selection)|assisted appointment]] where a judicial nominating commission presents a list of nominees to the governor who then picks an appointee with approval from the Governor's Council.<ref name=general>[http://www.judicialselection.us/judicial_selection/methods/selection_of_judges.cfm?state= ''American Judicature Society'', "Methods of Judicial Selection," accessed August 25, 2021]</ref> Massachusetts is one of only a few states in which judges serve lifetime appointments. They are, however, required to retire by age 70.<ref name=general/>


The '''seven justices''' of the [[Massachusetts Supreme Judicial Court]] are appointed by the governor with the approval of the Governor's Council. They serve terms lasting until age 70.
[mailto:editor@ballotpedia.org Click here] to notify us of changes to judicial selection methods in this state.


===Selection of the chief justice===
==Massachusetts Supreme Judicial Court==
The [[chief justice]] is also appointed by the governor with council approval, serving until age 70 as well.<ref name=general/>
::''See also: [[Massachusetts Supreme Judicial Court]]''
 
<section begin=ssc/>The '''seven justices''' of the [[Massachusetts Supreme Judicial Court]] are appointed by the governor with the approval of the Governor's Council. The Governor's Council is constitutionally authorized and advises the governor on government affairs in Massachusetts. The council is composed of eight members and is elected biennially by the voters. Judges on the supreme court serve until the mandatory retirement age of 70.<ref name=MAselect>[http://www.judicialselection.us/judicial_selection/methods/selection_of_judges.cfm?state=MA ''National Center for State Courts'', "Methods of Judicial Selection: Massachusetts," accessed August 25, 2021]</ref>


===Qualifications===
===Qualifications===
Judges of this court must be under the age of 70.<ref name=general/>
Judges of this court must be under the age of 70.<ref name=MAselect/>


==Court of Appeals and Superior Court==
===Chief justice===
<onlyinclude>{{#ifeq:{{{transcludesection|Superior Court}}}|Superior Court|
The [[chief justice]] is also appointed by the governor with council approval, serving until age 70 as well.<ref name=MAselect/>
:: ''See also: [[Assisted appointment (judicial selection)|Assisted appointment]]''


The '''25 judges''' of the [[Massachusetts Appeals Court]] and the '''82 judges''' of the [[Massachusetts Superior Courts]] are appointed in an identical manner, each serving until the age of 70. The governor appoints new judges with advice from the judicial nominating commission and approval of the Governor's Council.<ref name=general/> 
===Vacancies===
::''See also: [[How vacancies are filled in state supreme courts]]''


===Selection of the chief judge===
<section begin=vacancy/>Vacancies on the supreme court are filled by the governor with the approval of the Governor's Council. Judges serve until the mandatory retirement age of 70.<ref name=MAselect/><section end=vacancy/>
The [[chief judge]] of the court of appeals is selected just as other appeals judges are. The governor appoints him or her with advice from the nominating commission and approval from the Governor's Council. The appeals court chief serves until age 70.<ref name=general/>


The superior court chief is selected by the [[chief justice]] of the supreme judicial court and serves in that capacity for five years.<ref name=general/>
{{Supreme court vacancies map}}<section end=ssc/>
 
==Massachusetts Appeals Court==
:: ''See also: [[Massachusetts Appeals Court]]''
 
<section begin=coa/>The '''25 justices''' of the [[Massachusetts Appeals Court]] are appointed by the governor with advice from a judicial nominating commission and approval of the Governor's Council.<ref name=MAselect/>


===Qualifications===
===Qualifications===
To serve on either of these courts, a judge must:
To serve on the appeals court, a justice must:
* be a U.S. citizen;
* be a U.S. citizen;
* be a state resident;  
* be a state resident;  
* be a state bar member in good standing; and  
* be a state bar member in good standing; and  
* have 13 years legal experience and training (10 years for superior court judges);
* have 13 years of legal experience and training;
* under the age of 70 (retirement at 70 is [[mandatory retirement|mandatory]]).<ref name=general/>
* under the age of 70 (retirement at 70 is [[mandatory retirement|mandatory]]).<ref name=MAselect/>


These listed qualifications are prescribed in [http://web.archive.org/web/http://www.mass.gov/Agov3/docs/Executive%20Orders/executive_order_500.pdf|Executive Order 500].<ref name=general/>
===Chief justice===
}}</onlyinclude>
The [[chief judge]] of the court of appeals is also appointed by the governor with council approval. The governor appoints the chief justice with advice from the nominating commission and approval from the Governor's Council. The appeals court chief serves until age 70.<ref name=MAselect/> The current chief judge of the court is [[Amy Lyn Blake]].


==Limited jurisdiction courts==
===Vacancies===
<onlyinclude>{{#ifeq:{{{transcludesection|LJ Court}}}|LJ Court|
<section begin=iacvacancy/>Vacancies on the appeals court are filled by the governor with council approval and serve until age 70.<ref name=MAselect>[http://www.judicialselection.us/judicial_selection/methods/selection_of_judges.cfm?state=MA ''National Center for State Courts'', "Methods of Judicial Selection: Massachusetts," accessed August 25, 2021]</ref><section end=iacvacancy/><section end=coa/>
:: ''See also: [[Assisted appointment (judicial selection)|Assisted appointment]]''
 
==Massachusetts Superior Courts==
::''See also: [[Massachusetts Superior Courts]]''


[[Massachusetts]]'s [[limited jurisdiction]] courts (the [[Massachusetts District Courts|district courts]], [[Boston Municipal Courts, Massachusetts|municipal courts]], [[Massachusetts Housing Courts|housing courts]], [[Massachusetts Land Courts|land courts]], [[Massachusetts Probate and Family Courts|probate courts]] and [[Massachusetts Juvenile Courts|juvenile courts]]) use identical processes in selecting their judges. Judges are [[Commission-selection, political appointment method of judicial selection|appointed by the governor with help from a nominating commission]] and confirmed by the Governor's Council. They serve until age 70.<ref name=limited>[http://web.archive.org/web/20141002192526/http://judicialselection.us/judicial_selection/methods/limited_jurisdiction_courts.cfm?state=MA ''American Judicature Society'', "Methods of Judicial Selection: Massachusetts; Limited Jurisdiction Courts," archived October 2, 2014]</ref>
The judges of the [[Massachusetts Superior Courts]] are appointed by the governor with advice from a judicial nominating commission and approval of the Governor's Council.<ref name=MAselect/>


===Qualifications===
===Qualifications===
To serve on any of the limited jurisdiction courts, a judge must:
To serve on the appeals court, a judge must:
* be a U.S. citizen;
* be a U.S. citizen;
* be a state resident;
* be a state resident;  
* be a state bar member in good standing;
* be a state bar member in good standing; and
* have at least 10 years of legal experience and training.<ref name=limited/>
* have 10 years of legal experience and training;
}}</onlyinclude>
* under the age of 70 (retirement at 70 is [[mandatory retirement|mandatory]]).<ref name=MAselect/>  
==Governor's Council==
 
The Governor's Council, also referred to as the Executive Council, is a governmental body that is constitutionally authorized to approve judicial appointments. The council consists of eight members who are elected every two years from each of the eight council districts.<ref name=council>[https://web.archive.org/web/2/http://www.mass.gov/portal/government-taxes/branches-agencies/executive/govs-council.html ''Official website of the Commonwealth of Massachusetts'', "Massachusetts Governor's Council," April 29, 2014]</ref>
===Chief justice===
The superior court chief is selected by the [[chief justice]] of the trial court.<ref name=general/>
 
===Vacancies===
Vacancies on the superior courts are filled by the governor with council approval and serve until age 70.<ref name=MAselect/>
 
==Limited jurisdiction courts==
Massachusetts has six type(s) of limited jurisdiction court(s): [[Massachusetts District Courts]], [[Massachusetts Housing Courts]], [[Massachusetts Juvenile Courts]], [[Massachusetts Land Courts]], [[Massachusetts Probate and Family Courts]], and [[Boston Municipal Courts, Massachusetts|Boston Municipal Courts]].


The Governor's Council holds hearings and approves the governor's nominations to the appellate, district, probate, juvenile, superior and supreme courts. The council holds hearings and approves nominations for the industrial accident and parole boards, in addition to approving appointments for notary publics and justices of the peace. The council is responsible for approving the Commonwealth of Massachusetts' financial warrants. Any time the governor issues a pardon or commutes a sentence, the council must vote to approve or deny his decision.<ref name=council/>
===Massachusetts District Courts===
The judges of the [[Massachusetts District Courts]] are appointed by the governor with advice from a judicial nominating commission and approval of the Governor's Council.<ref name=MAselect/> 
 
===Massachusetts Housing Courts===
The judges of the [[Massachusetts Housing Courts]] are appointed by the governor with advice from a judicial nominating commission and approval of the Governor's Council.<ref name=MAselect/> 
 
===Massachusetts Juvenile Courts===
The judges of the [[Massachusetts Juvenile Courts]] are appointed by the governor with advice from a judicial nominating commission and approval of the Governor's Council.<ref name=MAselect/> 
 
===Massachusetts Land Courts===
The judges of the [[Massachusetts Land Courts]] are appointed by the governor with advice from a judicial nominating commission and approval of the Governor's Council.<ref name=MAselect/> 
 
===Massachusetts Probate and Family Courts===
The judges of the [[Massachusetts Probate and Family Courts]] are appointed by the governor with advice from a judicial nominating commission and approval of the Governor's Council.<ref name=MAselect/> 
 
===Boston Municipal Courts===
The judges of the [[Boston Municipal Courts, Massachusetts|Boston Municipal Courts]] are appointed by the governor with advice from a judicial nominating commission and approval of the Governor's Council.<ref name=MAselect/>


==History==
==History==
Judicial selection in [[Massachusetts]] has undergone relatively few changes considering the age of the state. The American Judicature Society notes two formal changes:
Below is a timeline noting changes to judicial selection methods in Massachusetts, from the most recent to the earliest.


* '''1972:''' Article 98 was approved by voters. The [[Massachusetts Constitution|constitutional amendment]] established a [[mandatory retirement age]] of 70.
* '''1972:''' Article 98 was approved by voters. The [[Massachusetts Constitution|constitutional amendment]] established a [[mandatory retirement age]] of 70.
* '''1780:''' Established that all judges are to be appointed for life by the governor with the consent of the council.<ref name=history>[http://web.archive.org/web/20141002192553/http://judicialselection.us/judicial_selection/reform_efforts/formal_changes_since_inception.cfm?state=MA ''American Judicature Society'', "History of Reform Efforts: Massachusetts; Formal Changes Since Inception," archived October 2, 2014]</ref><ref name=massbar>[http://www.massbar.org/legislative-activities/joint-bar-committee-/the-judicial-selection-process/introduction- ''Massachusetts Bar Association'', "Introduction," accessed August 25, 2014]</ref>
* '''1780:''' Established that all judges were to be appointed for life by the governor with the council's consent.<ref name=history>[http://www.judicialselection.us/judicial_selection/reform_efforts/formal_changes_since_inception.cfm?state=MA ''American Judicature Society'', "History of Reform Efforts: Massachusetts; Formal Changes Since Inception," accessed August 25, 2021]</ref>


{{Federal selection}}
{{Federal selection}}
==Courts in Massachusetts==
{{#section:Courts in Massachusetts|intro}}


==In other states==
==In other states==
<div id="new-homepage-map-title">Click the map below to explore judicial selection processes in other states.</div>
{{About judicial selection}}
<div id="new-homepage-map-container"><BPmap url="http://ballotpedia.org/Judicial_selection_in_STATE" width="650px"></BPmap></div>


==See also==
==See also==
*[[Massachusetts judicial elections]]
{{State judicial selection see also}}
*[[Gubernatorial appointment]]
*[[Commission-selection, political appointment method of judicial selection|Commission-selection, political appointment method]]
*[[Courts in Massachusetts]]


==External links==
==External links==
*[http://www.mass.gov/courts/ ''Massachusetts Courts'']
*[http://www.mass.gov/courts/ ''Massachusetts Courts'']
*[http://web.archive.org/web/https://web.archive.org/web/2/http://www.mass.gov/portal/government-taxes/branches-agencies/executive/govs-council.html ''Official website of the Commonwealth of Massachusetts'', "Governor's Council"]
*[https://www.mass.gov/orgs/governors-council ''Official website of the Commonwealth of Massachusetts'', "Governor's Council"]
*[http://web.archive.org/web/20141002192553/http://judicialselection.us/judicial_selection/reform_efforts/formal_changes_since_inception.cfm?state=MA ''American Judicature Society'', "History of Reform Efforts: Massachusetts"]
*[http://web.archive.org/web/20140111114004/http://judicialselection.us/judicial_selection/index.cfm?state=MA ''American Judicature Society'', "Judicial Selection in the States: Massachusetts"]
*[http://www.massbar.org/media/1168972/massjudicialselectionprocess.pdf ''Massachusetts Bar'', "A Guide to the Massachusetts Judicial Selection Process"]


==Footnotes==
==Footnotes==
Line 98: Line 128:


{{Massachusetts courts}}
{{Massachusetts courts}}
 
{{Massachusetts}}
[[Category:Massachusetts judicial selection]]
[[Category:Massachusetts judicial selection]]
[[Category:Judicial_selection_by_state]]

Latest revision as of 13:58, 24 April 2025

Judicial selection in Massachusetts
Judicialselectionlogo.png
Massachusetts Supreme Judicial Court
Method:   Gubernatorial appointment
Term:   Until age 70
Massachusetts Appeals Court
Method:   Assisted appointment
Term:   Until age 70
Massachusetts Superior Courts
Method:   Assisted appointment
Term:   Until age 70


Judicial selection refers to the process used to select judges for courts. At the state level, methods of judicial selection vary substantially in the United States, and in some cases between different court types within a state. There are six primary types of judicial selection: partisan and nonpartisan elections, the Michigan method, assisted appointment, gubernatorial appointment, and legislative elections. To read more about how these selection methods are used across the country, click here.

This article covers how state court judges are selected in Massachusetts, including:

As of April 2025, the selection of supreme court judges in Massachusetts occurred through gubernatorial appointment with approval from the Governor's Council.[1] Judges of the appeals court, superior court, and limited jurisdiction courts are selected through assisted appointment where a judicial nominating commission presents a list of nominees to the governor who then picks an appointee with approval from the Governor's Council.[2] Massachusetts is one of only a few states in which judges serve lifetime appointments. They are, however, required to retire by age 70.[2]

Click here to notify us of changes to judicial selection methods in this state.

Massachusetts Supreme Judicial Court

See also: Massachusetts Supreme Judicial Court

The seven justices of the Massachusetts Supreme Judicial Court are appointed by the governor with the approval of the Governor's Council. The Governor's Council is constitutionally authorized and advises the governor on government affairs in Massachusetts. The council is composed of eight members and is elected biennially by the voters. Judges on the supreme court serve until the mandatory retirement age of 70.[3]

Qualifications

Judges of this court must be under the age of 70.[3]

Chief justice

The chief justice is also appointed by the governor with council approval, serving until age 70 as well.[3]

Vacancies

See also: How vacancies are filled in state supreme courts

Vacancies on the supreme court are filled by the governor with the approval of the Governor's Council. Judges serve until the mandatory retirement age of 70.[3]

The map below highlights how vacancies are filled in state supreme courts across the country.


Massachusetts Appeals Court

See also: Massachusetts Appeals Court

The 25 justices of the Massachusetts Appeals Court are appointed by the governor with advice from a judicial nominating commission and approval of the Governor's Council.[3]

Qualifications

To serve on the appeals court, a justice must:

  • be a U.S. citizen;
  • be a state resident;
  • be a state bar member in good standing; and
  • have 13 years of legal experience and training;
  • under the age of 70 (retirement at 70 is mandatory).[3]

Chief justice

The chief judge of the court of appeals is also appointed by the governor with council approval. The governor appoints the chief justice with advice from the nominating commission and approval from the Governor's Council. The appeals court chief serves until age 70.[3] The current chief judge of the court is Amy Lyn Blake.

Vacancies

Vacancies on the appeals court are filled by the governor with council approval and serve until age 70.[3]

Massachusetts Superior Courts

See also: Massachusetts Superior Courts

The judges of the Massachusetts Superior Courts are appointed by the governor with advice from a judicial nominating commission and approval of the Governor's Council.[3]

Qualifications

To serve on the appeals court, a judge must:

  • be a U.S. citizen;
  • be a state resident;
  • be a state bar member in good standing; and
  • have 10 years of legal experience and training;
  • under the age of 70 (retirement at 70 is mandatory).[3]

Chief justice

The superior court chief is selected by the chief justice of the trial court.[2]

Vacancies

Vacancies on the superior courts are filled by the governor with council approval and serve until age 70.[3]

Limited jurisdiction courts

Massachusetts has six type(s) of limited jurisdiction court(s): Massachusetts District Courts, Massachusetts Housing Courts, Massachusetts Juvenile Courts, Massachusetts Land Courts, Massachusetts Probate and Family Courts, and Boston Municipal Courts.

Massachusetts District Courts

The judges of the Massachusetts District Courts are appointed by the governor with advice from a judicial nominating commission and approval of the Governor's Council.[3]

Massachusetts Housing Courts

The judges of the Massachusetts Housing Courts are appointed by the governor with advice from a judicial nominating commission and approval of the Governor's Council.[3]

Massachusetts Juvenile Courts

The judges of the Massachusetts Juvenile Courts are appointed by the governor with advice from a judicial nominating commission and approval of the Governor's Council.[3]

Massachusetts Land Courts

The judges of the Massachusetts Land Courts are appointed by the governor with advice from a judicial nominating commission and approval of the Governor's Council.[3]

Massachusetts Probate and Family Courts

The judges of the Massachusetts Probate and Family Courts are appointed by the governor with advice from a judicial nominating commission and approval of the Governor's Council.[3]

Boston Municipal Courts

The judges of the Boston Municipal Courts are appointed by the governor with advice from a judicial nominating commission and approval of the Governor's Council.[3]

History

Below is a timeline noting changes to judicial selection methods in Massachusetts, from the most recent to the earliest.

Selection of federal judges

United States district court judges, who are selected from each state, go through a different selection process from that of state judges.

The district courts are served by Article III federal judges, who are appointed for life during good behavior. They are usually first recommended by senators (or members of the House, occasionally). The President of the United States nominates judges, who must then be confirmed by the United States Senate in accordance with Article III of the United States Constitution.[5]

Selection of Federal Judges Flowchart.png


Courts in Massachusetts

In Massachusetts, there is one federal district court, a state supreme court, a state court of appeals, and trial courts with both general and limited jurisdiction. These courts serve different purposes, which are outlined in the sections below.

Click a link for information about that court type.

The image below depicts the flow of cases through the Massachusetts state court system. Cases typically originate in the trial courts and can be appealed to courts higher up in the system.

The structure of Massachusetts' state court system.

In other states

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
State-Supreme-Courts-Ballotpedia.png
Judicialselectionlogo.png
Ballotpedia Elections Badge-VOTE.png
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

Footnotes