Judicial selection in California

Judicial selection in California
California Supreme Court
Method:	Gubernatorial appointment
Term:	12 years
California Courts of Appeal
Method:	Gubernatorial appointment
Term:	12 years
California Superior Courts
Method:	Nonpartisan election
Term:	6 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 California, including:

• California Supreme Court,
• California Courts of Appeal,
• California Superior Courts, and
• Limited jurisdiction courts

As of March 2023, California uses two different systems for its selection of state court judges. The state's appellate judges are chosen by gubernatorial appointment—where the governor directly selects judges—followed by commission confirmation. Trial judges are elected by popular nonpartisan vote.

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

California Supreme Court

See also: California Supreme Court

The seven justices of the California Supreme Court are appointed by the governor and confirmed by the Commission on Judicial Appointments. The state bar's Commission on Judicial Nominee Evaluation—also known as the "Jenny Commission"—is required to perform an extensive investigation on prospective appointees. The commission recommends candidates to the governor after examining their qualifications and fitness, ranking them as exceptionally well qualified, well qualified, qualified, or not qualified. The commission is composed of attorneys and public members. Although the governor is not bound to these recommendations, the Commission on Judicial Appointments can approve or veto the appointment by majority vote.

Following confirmation from the Commission on Judicial Appointments, the appointed justice is sworn into office and is subject to voter approval at the next gubernatorial election. The appointed justice must be confirmed by voters via a yes-no retention election. According to the California Constitution, the term for a supreme court justice is 12 years. If retained by the voters, the appointed justice remains in office but their term may depend on their predecessor's term. If the predecessor served part of their term before leaving office, the appointed justice would be retained to serve the remainder of their predecessor's term. This would be for either four or eight years. At the end of that term, the justice again must be confirmed by the voters at a gubernatorial election to begin a new 12-year term. If a justice has been appointed to a seat where the predecessor's term would have expired the January 1 immediately after that November gubernatorial election, then the justice would serve a full 12-year term.

Qualifications

To serve as a justice, a candidate must have practiced law for at least 10 years in California or served as a judge in California for at least 10 years.

Chief justice

The court uses the same process described above for selecting its chief justice. The governor, with commission approval, appoints a chief justice for a full 12-year term.

Vacancies

See also: How vacancies are filled in state supreme courts

Vacancies are filled by gubernatorial appointment. Appointed judges are required to participate in yes-no retention elections occurring at the time of the next gubernatorial race, which is held every four years.

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