Gubernatorial appointment of judges
Methods of judicial selection |
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Election methods |
Partisan election |
Nonpartisan election |
Michigan method |
Retention election |
Assisted appointment |
Assisted appointment |
Bar-controlled commission |
Governor-controlled commission |
Hybrid commission |
Direct appointment |
Court appointment |
Gubernatorial appointment |
Legislative election |
Municipal government selection |
The gubernatorial appointment method of judicial selection is a process by which the governor appoints state judges directly without having to select from a list of names provided by a selection committee. As of April 2023, all states using this method required a legislative or other government body to confirm the appointments. This selection method is the most similar used for state supreme court judges to the one used at the federal level for Article III judges, who are appointed by the president and confirmed by the U.S. Senate.
As of April 2024, five states—California, Maine, Massachusetts, New Hampshire, and New Jersey—used this method at the state supreme court level and four states used this selection method for at least one type of court below the supreme court level.
Other methods of judicial selection include: assisted appointment, partisan and nonpartisan elections, the Michigan method, court appointment, municipal government selection, and legislative elections. To read more about how these selection methods are used across the country, click here.
How gubernatorial appointment works
The specifics of this selection method vary by state. In each state, the governor appoints a judge and is not required to select a name from a list provided to him or her by a judicial selection commission. After a nominee is chosen, another body must confirm the appointment before the nominee can take office. Below are examples of how gubernatorial appointment methods worked in six states, as of 2023.
- California: The governor's nominee must be confirmed by the California Commission on Judicial Appointments. This commission is made up of the state's attorney general, the chief justice of the California Supreme Court, and the state's most senior presiding justice of the California Courts of Appeal. The State Bar of California's Commission on Judicial Nominee Evaluation (also known as the Jenny Commission) evaluates all judicial candidates and makes non-binding recommendations to the governor.
- Maine: The governor's nominee must be confirmed by a majority vote of the Maine State Senate. Prior to a vote of the full chamber, the Judiciary Committee considers their nominations.
- Massachusetts: The governor's nominee must be confirmed by a majority vote of the Massachusetts Governor's Council. There are nine members of this council: the lieutenant governor and eight members elected every two years in partisan elections.
- New Jersey: The governor's nominee must be confirmed by a majority vote of the New Jersey State Senate. Prior to a vote of the full chamber, the Senate Judiciary Committee considers their nominations.
- New Hampshire: The governor's nominee must be confirmed by a majority vote of the New Hampshire Executive Council. The five members of the council are elected every two years in partisan elections.
States using this method
State supreme courts
At the state supreme court level, the following states use this selection method: California, Maine, Massachusetts, New Hampshire, and New Jersey.
The map below highlights selection methods in state supreme courts across the country.
See also
External links
Footnotes
- ↑ States may use different selection methods for different courts in their state; in such cases, a state is listed for each selection method use for intermediate appellate and general jurisdiction courts.
- ↑ 2.0 2.1 The Federalist Society, "The Case for Judicial Appointments," January 1, 2003
- ↑ 3.0 3.1 3.2 3.3 3.4 3.5 3.6 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ 4.0 4.1 Brennan Center for Justice, "Choosing State Judges: A Plan for Reform," accessed June 8, 2021 Cite error: Invalid
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tag; name "brennancj" defined multiple times with different content - ↑ 5.0 5.1 National Judicial College, "Should judges be elected or appointed?" accessed June 4, 2021
- ↑ Brennan Center for Justice, "Rethinking Judicial Selection in State Courts," accessed June 7, 2021
- ↑ American Bar Association, "Judicial Selection: The Process of Choosing Judges," accessed August 10, 2021
- ↑ 8.0 8.1 American Judicature Society, "History of Reform Efforts," archived October 2, 2014
- ↑ 9.0 9.1 9.2 9.3 9.4 9.5 9.6 NYU Press, "The Study of Judicial Elections," accessed December 27, 2014
- ↑ American Judicature Society, "Judicial Selection in the States: Appellate and General Jurisdiction Courts," 2013
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