Judicial selection in New Jersey
| Judicial selection in New Jersey | |
 | |
| New Jersey Supreme Court | |
| Method: | Gubernatorial appointment |
| Term: | Initial term of 7 years; until age 70 upon reappointment |
| New Jersey Superior Court, Appellate Division | |
| Method: | Gubernatorial appointment |
| Term: | Initial term of 7 years; until age 70 upon reappointment |
| New Jersey Superior Courts | |
| Method: | Gubernatorial appointment |
| Term: | Initial term of 7 years; until age 70 upon reappointment |
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 New Jersey, including:
- New Jersey Supreme Court,
- New Jersey Superior Court, Appellate Division,
- New Jersey Superior Courts, and
- Limited jurisdiction courts
As of April 2025, judges for all courts in New Jersey except for New Jersey Municipal Courts were selected through the gubernatorial appointment method, where the governor directly selects judges. Judges for municipal courts serving a single municipality were appointed by the mayor or governing body of the municipality.[1][2]
New Jersey's judicial selection process includes the practice of senatorial courtesy in confirming judicial appointments, meaning that senators will not confirm a nominee for judicial office if the senators from the nominee's home district do not approve. It is also traditional for the governor to appoint a judge of the same political affiliation as the vacating judge, aside from the chief justice of the supreme court, who has traditionally belonged to the party of the governor making the appointment.[3]
Click here to notify us of changes to judicial selection methods in this state.
New Jersey Supreme Court
- See also: New Jersey Supreme Court
The seven justices of the New Jersey Supreme Court are selected by gubernatorial appointment. The governor's nominee must be confirmed by the New Jersey state Senate.[1][4]
Justices serve an initial term of seven years after appointment. If renominated by the governor and confirmed for reappointment by the Senate, they may serve on the court until they reach the mandatory retirement age of 70.[1][4]
Qualifications
To be eligible to serve on the supreme court, a person must have been admitted to practice law in New Jersey for at least 10 years.[4]
Chief justice
The chief justice of the New Jersey Supreme Court is selected by gubernatorial appointment. The position of chief justice is a specific seat on the court rather than a temporary leadership position.[4]
Vacancies
Vacancies on the court are filled through gubernatorial appointment. The governor's nominee must be confirmed by the state Senate.[5]
The map below highlights how vacancies are filled in state supreme courts across the country.
New Jersey Superior Court, Appellate Division
The judges of the New Jersey Superior Court, Appellate Division are superior court judges assigned to the appellate division by the chief justice of the supreme court.[6] According to the New Jersey Constitution, appellate division assignments "shall be for terms fixed by rules of the Supreme Court."[7] Superior court judges are selected by gubernatorial appointment with Senate confirmation.[1][4]
Qualifications
To be eligible to serve on the superior court, a person must have been admitted to practice law in New Jersey for at least 10 years.[4] Judges also have a mandatory retirement age of 70.
Presiding judge
The presiding judge for administration and the presiding judges for each part of the appellate division are assigned by the chief justice of the supreme court.[8]
Vacancies
The judges of the New Jersey Superior Court, Appellate Division are superior court judges assigned to the appellate division by the chief justice of the supreme court.[6]
New Jersey Superior Court
- See also: New Jersey Superior Court
The judges of the New Jersey Superior Court are selected by gubernatorial appointment. The governor's nominee must be confirmed by the New Jersey state Senate.[1][4]
Judges serve an initial term of seven years after appointment. If renominated by the governor and confirmed for reappointment by the Senate, they may serve on the court until they reach the mandatory retirement age of 70.[1][4]
According to the New Jersey Constitution, the chief justice of the supreme court "shall assign Judges of the Superior Court to the Divisions and Parts of the Superior Court, and may from time to time transfer Judges from one assignment to another, as need appears."[7]
Qualifications
To be eligible to serve on the superior court, a person must have been admitted to practice law in New Jersey for at least 10 years.[4]
Vacancies
Vacancies on the court are filled through gubernatorial appointment.[5]
Limited jurisdiction courts
New Jersey has two types of limited jurisdiction courts: New Jersey Municipal Courts and New Jersey Tax Court.
New Jersey Municipal Courts
- See also: New Jersey Municipal Courts
Municipal court judges are selected by the mayor or governing body of the municipality and serve three-year terms. Judges may be reappointed to additional terms.[1] If the court serves more than one municipality, judges are selected by gubernatorial appointment with Senate confirmation.[2]
To serve as a municipal judge, a person must be a resident of New Jersey and must have been a practicing attorney for at least five years. There is no mandatory retirement age for municipal judges.[2]
New Jersey Tax Court
- See also: New Jersey Tax Court
Judges of the New Jersey Tax Court are selected by gubernatorial appointment. The governor's nominee must be confirmed by the New Jersey state Senate. Judges serve an initial term of seven years after appointment. If renominated by the governor and confirmed for reappointment by the Senate, they may serve on the court until they reach the mandatory retirement age of 70.[1]
To serve as a tax court judge, a person must have been admitted to practice law in New Jersey for 10 years. The law also says that tax court judges "shall be chosen for their special qualifications, knowledge and experience in matters of taxation."[9]
History
Below is a timeline noting changes to judicial selection methods in New Jersey, presented in reverse chronological order.[10]
- 1947: New Jersey's 1947 Constitution established that all judges of the supreme and superior courts were to serve initial seven-year terms with tenure upon reappointment. The mandatory retirement age of 70 years was established.
- 1844: New Jersey's 1844 Constitution established that supreme court justices and the judges of the Court of Errors and Appeals and the Court of Chancery were to be appointed by the governor with the consent of the Senate. Judges of the Court of Common Pleas were to be appointed by the legislature.
- 1776: New Jersey's 1776 constitution established that judges were to be appointed by both houses of the legislature. Terms for supreme court justices were seven years and terms for other judges were five years.
Courts in New Jersey
In New Jersey, there is one federal district court, a state supreme court, a state superior court, and trial courts with both general and limited jurisdiction.
Click a link for information about that court type.
The image below depicts the flow of cases through New Jersey's state court system. Cases typically originate in the trial courts and can be appealed to courts higher up in the system.
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.[11]
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.[12] 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
- Court appointment: Judges are selected by judges in the state judiciary.
- Gubernatorial appointment: Judges are appointed by the governor. In some cases, approval from the legislative body is required.
- Legislative election: Judges are selected by the state legislature.
- Municipal government selection: Judges are selected by the governing body of their municipality.
See also
External links
Footnotes
- ↑ 1.0 1.1 1.2 1.3 1.4 1.5 1.6 1.7 New Jersey Courts, "The New Jersey Courts | A guide to the judicial process," accessed August 27, 2021
- ↑ 2.0 2.1 2.2 New Jersey Courts, "Qualifications to Become a Municipal Court Judge," accessed August 27, 2021 Cite error: Invalid
<ref>tag; name "muni" defined multiple times with different content Cite error: Invalid<ref>tag; name "muni" defined multiple times with different content - ↑ National Center for State Courts, "Judicial Selection in the States: New Jersey | Overview," accessed August 27, 2021
- ↑ 4.0 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 New Jersey Legislature, "New Jersey State Constitution 1947," accessed August 27, 2021 (Article VI Section II)
- ↑ 5.0 5.1 New Jersey Legislature, "New Jersey State Constitution 1947," accessed August 27, 2021 (Article V Section I)
- ↑ 6.0 6.1 InsiderNJ, "New Jersey Judiciary Releases General Assignment Order for Court Year 2021-2022," accessed August 27, 2021
- ↑ 7.0 7.1 New Jersey Legislature, "New Jersey State Constitution 1947," accessed August 27, 2021 (Article VI Section VII)
- ↑ InsiderNJ, "New Jersey Judiciary Releases General Assignment Order for Court Year 2021-2022," accessed August 27, 2021
- ↑ New Jersey Legislature, "New Jersey General and Permanent Statutes," accessed August 27, 2021 (2B:13-6)
- ↑ National Center for State Courts, "History of Reform Efforts: New Jersey," accessed August 27, 2021
- ↑ U.S. Courts, "FAQ: Federal Judges," accessed March 26, 2015
- ↑ American Bar Association, "Judicial Selection: The Process of Choosing Judges," accessed August 10, 2021
Federal courts:
Third Circuit Court of Appeals • U.S. District Court: District of New Jersey • U.S. Bankruptcy Court: District of New Jersey
State courts:
New Jersey Supreme Court • New Jersey Superior Court, Appellate Division • New Jersey Superior Courts • New Jersey Municipal Courts • New Jersey Tax Court
State resources:
Courts in New Jersey • New Jersey judicial elections • Judicial selection in New Jersey
