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Judicial selection in Kentucky
| Judicial selection in Kentucky | |
 | |
| Kentucky Supreme Court | |
| Method: | Nonpartisan election |
| Term: | 8 years |
| Kentucky Court of Appeals | |
| Method: | Nonpartisan election |
| Term: | 8 years |
| Kentucky Circuit Courts | |
| Method: | Nonpartisan election |
| Term: | 8 years |
| Kentucky District Courts | |
| Method: | Nonpartisan election |
| Term: | 4 years |
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 Kentucky, including:
- Kentucky Supreme Court,
- Kentucky Court of Appeals,
- Kentucky Circuit Courts, and
- Limited jurisdiction courts
As of March 2023, the selection of state court judges in Kentucky occurred through nonpartisan elections.[1] Under the state constitution, elected judges' terms begin on the first Monday in January following their election.
Click here to notify us of changes to judicial selection methods in this state.
Kentucky Supreme Court
- See also: Kentucky Supreme Court
The seven justices of the Kentucky Supreme Court are elected to eight-year terms in nonpartisan elections. They must run for re-election if they wish to serve subsequent terms.[2]
Qualifications
To serve on the Kentucky Supreme Court, the judge must be:
| “ | ” |
Chief justice
The chief justice of the court is chosen by peer vote. He or she serves in that capacity for four years.[2]
Vacancies
If a midterm vacancy occurs, the governor appoints a successor from a list of three names provided by the Kentucky Judicial Nominating Commission. If the term the appointee will fill expires at the next election, the appointment is for the remainder of the term. If the term does not expire at the next election and that election is more than three months away, the appointee must stand for election, and the election is for the remainder of the unexpired term. If the term does not expire at the next election, but the election is less than three months away, the appointee must stand for election in the election following the next. The election is for the remainder of the unexpired term, if any; if none of the term is left, the election is for a full term.[2]
The map below highlights how vacancies are filled in state supreme courts across the country.
Kentucky Court of Appeals
- See also: Kentucky Court of Appeals
The fourteen judges of the Kentucky Court of Appeals are elected to eight-year terms in nonpartisan elections. They must run for re-election if they wish to serve subsequent terms.[2]
Qualifications
To serve on the Kentucky Court of Appeals, the judge must be:
| “ | ” |
Chief judge
The judges of the Kentucky Court of Appeals select one colleague to serve as chief judge for a four-year term. The chief judge assigns judges to their panels and designates cases for each panel.[2]
Vacancies
If a midterm vacancy occurs, the governor appoints a successor from a list of three names provided by the Kentucky Judicial Nominating Commission. If the term the appointee will fill expires at the next election, the appointment is for the remainder of the term. If the term does not expire at the next election and that election is more than three months away, the appointee must stand for election, and the election is for the remainder of the unexpired term. If the term does not expire at the next election, but the election is less than three months away, the appointee must stand for election in the election following the next. The election is for the remainder of the unexpired term, if any; if none of the term is left, the election is for a full term.[2]
Kentucky Circuit Courts
- See also: Kentucky Circuit Courts
The judges of the Kentucky Circuit Courts are elected to eight-year terms in nonpartisan elections. They must run for re-election if they wish to serve subsequent terms.[2]
Qualifications
To serve on this court, a judge must be:
| “ | ” |
Chief judge
The chief judge of each circuit court serves a two-year term and is selected by peer vote.[2]
Vacancies
If a midterm vacancy occurs, the governor appoints a successor from a list of three names provided by the Kentucky Judicial Nominating Commission. If the term the appointee will fill expires at the next election, the appointment is for the remainder of the term. If the term does not expire at the next election and that election is more than three months away, the appointee must stand for election, and the election is for the remainder of the unexpired term. If the term does not expire at the next election, but the election is less than three months away, the appointee must stand for election in the election following the next. The election is for the remainder of the unexpired term, if any; if none of the term is left, the election is for a full term.[2]
Limited jurisdiction courts
Kentucky has two types of limited jurisdiction courts: Kentucky Family Court and Kentucky District Courts.
Kentucky Family Court
- See also: Kentucky Family Court
The Family Court is a division of the Kentucky Circuit Courts, and its judges are selected through nonpartisan elections.[9]
Kentucky District Courts
- See also: Kentucky District Courts
The judges of the Kentucky District Courts, like all other state judges in Kentucky, are elected in nonpartisan elections. They serve four-year terms and must run for re-election if they wish to serve again.[9]
History
Below is a timeline noting changes to judicial selection methods in Kentucky, from the most recent to the earliest:
- 1975: Voters approved a constitutional amendment establishing a unified court system to be called the Kentucky Court of Justice. Terms of appellate and circuit court judges were set at eight years and district court judges at five years. The article also established the Judicial Retirement and Removal Commission (now called the Judicial Conduct Commission).
- 1850: Established that judges of the Kentucky Court of Appeals were to be elected by popular vote to four-year terms. Judges of the Kentucky Circuit Courts were to be elected to six-year terms.
- 1792: Established that all judges were to be appointed for life by the governor with Senate consent.[10]
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]
Courts in Kentucky
In Kentucky, there are two federal district courts, 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 Kentucky's state court system. Cases typically originate in the trial courts and can be appealed to courts higher up in the 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.[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
- ↑ National Center for State Courts, "Methods of Judicial Selection: Kentucky," accessed March 7, 2017
- ↑ 2.0 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 National Center for State Courts, "Methods of Judicial Selection," accessed September 15, 2021
- ↑ Kentucky Board of Elections, "Candidate Qualifications," accessed March 31, 2023
- ↑ Kentucky Legislature, "Kentucky Constitution, Section 122," accessed June 1, 2015
- ↑ 5.0 5.1 5.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Kentucky Board of Elections, "Candidate Qualifications," accessed March 31, 2023
- ↑ Kentucky Legislature, "Kentucky Constitution, Section 122," accessed June 1, 2015
- ↑ Kentucky Board of Elections, "Candidate Qualifications," accessed March 31, 2023
- ↑ 9.0 9.1 National Center for State Courts, "Limited Jurisdiction Courts," accessed September 15, 2021
- ↑ American Judicature Society, "History of Reform Efforts: Kentucky; Formal Chances Since Inception," accessed September 15, 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:
Sixth Circuit Court of Appeals • U.S. District Court: Eastern District of Kentucky, Western District of Kentucky • U.S. Bankruptcy Court: Eastern District of Kentucky, Western District of Kentucky
State courts:
Kentucky Supreme Court • Kentucky Court of Appeals • Kentucky Circuit Courts • Kentucky District Courts • Kentucky Family Court
State resources:
Courts in Kentucky • Kentucky judicial elections • Judicial selection in Kentucky
