Selection & Retention Of State Judges Methods from Across the Country
Formal Methods of Selecting State Judges COURTS OF LAST RESORT............................. 3 INTERMEDIATE APPELLATE COURTS.................... 4 TRIAL COURTS OF GENERAL JURISDICTION............ 5 Informal Methods of Selecting State Judges COURTS OF LAST RESORT.............................. 6 INTERMEDIATE APPELLATE COURTS.................... 7 TRIAL COURTS OF GENERAL JURISDICTION............ 8 Methods of Retaining State Judges COURTS OF LAST RESORT............................. 9 INTERMEDIATE APPELLATE COURTS................... 10 TRIAL COURTS OF GENERAL JURISDICTION........... 11 NOTE: When all judges in a particular state are appointed by the governor (with or without assistance from a judicial nominating commission) or elected by the legislature, then what these charts label the informal method of selecting state judges is the same as the formal method of selecting state judges. On the other hand, when judges are elected by the voters, the informal method of selecting state judges is the method that is used to fill judicial vacancies that occur between scheduled elections. 2
FORMAL METHODS OF SELECTING STATE JUDGES: COURTS OF LAST RESORT Commission- (5) (9) (13) (21) Alaska California* South Carolina Alabama Arkansas Arizona Maine* Virginia Illinois Georgia Massachusetts* Louisiana Idaho Connecticut* New Hampshire* Kentucky Delaware* New Jersey* New Mexico Minnesota Florida North Carolina Hawaii* Montana Pennsylvania Maryland* New York* Rhode Island* * Vermont* A commission advises the governor, but the governor is not required by law to appoint a 3
FORMAL METHODS OF SELECTING STATE JUDGES: INTERMEDIATE APPELLATE COURTS Commission- Court (8) (11) (15) Alaska California* New Jersey South Carolina Alabama Arkansas Arizona * Virginia Illinois Georgia Massachusetts* Louisiana Idaho Connecticut* New Mexico Kentucky Florida North Carolina Hawaii* Minnesota Pennsylvania Maryland* New York Utah Rhode Island * A commission advises the governor, but the governor is not required by law to appoint a 4
FORMAL METHODS OF SELECTING STATE JUDGES: TRIAL COURTS OF GENERAL JURISDICTION Commission- (4) (14) (20) (15) Alaska Maine* South Carolina Alabama Arkansas Arizona Massachusetts* Virginia Arizona California New Hampshire* Illinois Florida Connecticut* New Jersey* Georgia Delaware* Idaho Hawaii* Louisiana Kentucky New Mexico Maryland New York North Carolina Minnesota Rhode Island* Pennsylvania Montana Vermont* NOTE: In the italicized states, judges of trial courts of general jurisdiction are selected and retained using more than one method, depending on the county in which the court sits. A commission advises the governor, but the governor is not required by law to appoint a 5
INFORMAL METHODS OF SELECTING STATE JUDGES: COURTS OF LAST RESORT Commission- Court (18) (0) (28) Alaska Alabama Illinois South Carolina Louisiana Arizona Arkansas Virginia California* Connecticut* Georgia Delaware* Maine* Florida Massachusetts* Hawaii* Idaho Kentucky Maryland* Montana* New Hampshire* New Mexico New York* Rhode Island* * Vermont* Minnesota New Hampshire* New Jersey* North Carolina Pennsylvania* * * Confirmation by the legislature or another entity is required. A commission advises the governor, but the governor is not required by law to appoint a 6
INFORMAL METHODS OF SELECTING STATE JUDGES: INTERMEDIATE APPELLATE COURTS Commission- Court (16) (0) (19) Alaska Alabama Illinois South Carolina Louisiana Arizona Arkansas New Jersey Virginia California* Connecticut* Georgia Florida * Hawaii* Massachusetts* Idaho Minnesota Kentucky North Carolina Maryland* Pennsylvania* * New Mexico New York * * Confirmation by the legislature or another entity is required. A commission advises the governor, but the governor is not required by law to appoint a 7
INFORMAL METHODS OF SELECTING STATE JUDGES: TRIAL COURTS OF GENERAL JURISDICTION Commission- Court (22) (0) (29) Alabama Alabama Illinois South Carolina Louisiana Alaska Arizona Virginia Arizona Arkansas California Connecticut* Georgia Delaware* Florida Hawaii* Maine* Idaho Massachusetts* Minnesota Kentucky Maryland Montana* New Mexico New York* Rhode Island* Vermont* New Hampshire* New Jersey* North Carolina Pennsylvania* * NOTE: In the italicized states, judges of trial courts of general jurisdiction are selected and retained using more than one method, depending on the county in which the court sits. * Confirmation by the legislature or another entity is required. A commission advises the governor, but the governor is not required by law to appoint a 8
METHODS OF RETAINING STATE JUDGES: COURTS OF LAST RESORT Retention Commision- / Life Commission Reelection/ Tenure (19) Reelection (19) Alaska Delaware* Connecticut* South Carolina Alabama Massachusetts (to 70) Arizona New York* Maine* Vermont Arkansas New Hampshire (to 70) California New Jersey* Virginia Georgia Rhode Island Florida Illinois Maryland New Mexico Pennsylvania Utah Idaho Kentucky Louisiana Minnesota Montana North Carolina Hawaii 9
METHODS OF RETAINING STATE JUDGES: INTERMEDIATE APPELLATE COURTS Retention Commision- / Life Commission Reelection/ Tenure (17) Reelection (16) Alaska New York Connecticut* South Carolina Alabama Massachusetts (to 70) Arizona Virginia Arkansas California Florida Illinois Maryland New Mexico Pennsylvania Utah Georgia Idaho Kentucky Louisiana Minnesota North Carolina Hawaii 10
METHODS OF RETAINING STATE JUDGES: TRIAL COURTS OF GENERAL JURISDICTION Retention Commision- / Life Commission Reelection/ Tenure (19) Reelection (20) Alaska Delaware* Connecticut* South Carolina Alabama Massachusetts (to 70) Arizona Maine* Vermont Arizona New Hampshire (to 70) California New Jersey* Virginia Arkansas Rhode Island Georgia Florida Idaho Kentucky Illinois Louisiana Maryland Minnesota New Mexico Montana Pennsylvania New York North Carolina Utah Hawaii NOTE: In the italicized states, judges of trial courts of general jurisdiction are selected and retained using more than one method, depending on the county in which the court sits. 11