Judicial selection in Massachusetts: Difference between revisions
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* 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=general/> | ||
These listed qualifications are prescribed in [http://web.archive.org/web/http://www.mass.gov/Agov3/docs/Executive%20Orders/executive_order_500.pdf | 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/> | ||
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Revision as of 01:16, 13 March 2019
| Judicial selection in Massachusetts | |
 | |
| Massachusetts Supreme Judicial Court | |
| Method: | Gubernatorial appointment with approval of Governor's Council |
| Term: | Until age 70 |
| Massachusetts Appeals Court | |
| Method: | Assisted appointment with approval of Governor's Council |
| Term: | Until age 70 |
| Massachusetts Superior Courts | |
| Method: | Assisted appointment with approval of Governor's Council |
| Term: | Until age 70 |
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.[1]
Massachusetts is one of only a few states in which judges serve lifetime appointments. They are, however, required to retire by age 70.[2][1][3]
Supreme Judicial Court
- See also: Gubernatorial appointment
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.
Selection of the chief justice
The chief justice is also appointed by the governor with council approval, serving until age 70 as well.[1]
Qualifications
Judges of this court must be under the age of 70.[1]
Court of Appeals and Superior Court
- See also: 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.[1]
Selection of the chief judge
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.[1]
The superior court chief is selected by the chief justice of the supreme judicial court and serves in that capacity for five years.[1]
Qualifications
To serve on either of these courts, a judge must:
- be a U.S. citizen;
- be a state resident;
- be a state bar member in good standing; and
- have 13 years legal experience and training (10 years for superior court judges);
- under the age of 70 (retirement at 70 is mandatory).[1]
These listed qualifications are prescribed in Executive Order 500.[1]
Limited jurisdiction courts
- See also: Assisted appointment
Massachusetts's limited jurisdiction courts (the district courts, municipal courts, housing courts, land courts, probate courts and juvenile courts) use identical processes in selecting their judges. Judges are appointed by the governor with help from a nominating commission and confirmed by the Governor's Council. They serve until age 70.[4]
Qualifications
To serve on any of the limited jurisdiction courts, a judge must:
- be a U.S. citizen;
- be a state resident;
- be a state bar member in good standing;
- have at least 10 years of legal experience and training.[4]
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.[5]
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.[5]
History
Judicial selection in Massachusetts has undergone relatively few changes considering the age of the state. The American Judicature Society notes two formal changes:
- 1972: Article 98 was approved by voters. The 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.[6][3]
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.[7]
In other states
See also
- Massachusetts judicial elections
- Gubernatorial appointment
- Commission-selection, political appointment method
- Courts in Massachusetts
External links
- Massachusetts Courts
- Official website of the Commonwealth of Massachusetts, "Governor's Council"
- American Judicature Society, "History of Reform Efforts: Massachusetts"
- American Judicature Society, "Judicial Selection in the States: Massachusetts"
- Massachusetts Bar, "A Guide to the Massachusetts Judicial Selection Process"
Footnotes
- ↑ 1.0 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 American Judicature Society, "Methods of Judicial Selection: Massachusetts," archived October 2, 2014
- ↑ American Bar Association, "Fact sheet on judicial selection methods in the states," accessed August 25, 2014
- ↑ 3.0 3.1 Massachusetts Bar Association, "Introduction," accessed August 25, 2014
- ↑ 4.0 4.1 American Judicature Society, "Methods of Judicial Selection: Massachusetts; Limited Jurisdiction Courts," archived October 2, 2014
- ↑ 5.0 5.1 Official website of the Commonwealth of Massachusetts, "Massachusetts Governor's Council," April 29, 2014
- ↑ American Judicature Society, "History of Reform Efforts: Massachusetts; Formal Changes Since Inception," archived October 2, 2014
- ↑ U.S. Courts, "FAQ: Federal Judges," accessed March 26, 2015
Federal courts:
First Circuit Court of Appeals • U.S. District Court: District of Massachusetts • U.S. Bankruptcy Court: District of Massachusetts
State courts:
Massachusetts Supreme Judicial Court • Massachusetts Appeals Court • Massachusetts Superior Courts • Massachusetts District Courts • Massachusetts Housing Courts • Massachusetts Juvenile Courts • Massachusetts Land Courts • Massachusetts Probate and Family Courts • Boston Municipal Courts, Massachusetts
State resources:
Courts in Massachusetts • Massachusetts judicial elections • Judicial selection in Massachusetts
