Table 5.6

Selection and Retention of Appellate Court Judges


  Method of selection  
FIPS State or other
jurisdiction
Name of court Type of court Unexpired term Full term Method
of
retention
Geographic
basis for
selection
01AlabamaSupreme CourtSCGUPE

PE

SW
01AlabamaCourt of Civil AppealsIAGUPE

PE

SW
01AlabamaCourt of Criminal AppealsIAGUPE

PE

SW
02AlaskaSupreme CourtSCGNGN

RE (a)

SW
02AlaskaCourt of AppealsIAGNGN

RE (a)

SW
04ArizonaSupreme CourtSCGNGN

RE

SW
04ArizonaCourt of AppealsIAGNGN

RE

DS
05ArkansasSupreme CourtSCGUNP

NP

SW
05ArkansasCourt of AppealsIAGUNP

NP

DS
06CaliforniaSupreme CourtSCGUGU

RE

SW
06CaliforniaCourts of AppealIAGUGU

RE

DS
08ColoradoSupreme CourtSCGNGN

RE

SW
08ColoradoCourt of AppealsIAGNGN

RE

SW
09ConnecticutSupreme CourtSCGNLGNL

GNL

SW
09ConnecticutAppellate CourtIAGNLGNL

GNL

SW
10DelawareSupreme CourtSCGNLGNL

GNL

SW
12FloridaSupreme CourtSCGNGN

RE

DS and SW (b)
12FloridaDistrict Courts of AppealIAGNGN

RE

DS
13GeorgiaSupreme CourtSCGNNP

NP

SW
13GeorgiaCourt of AppealsIAGNNP

NP

SW
15HawaiiSupreme CourtSCGNLGNL

JN

SW
15HawaiiIntermediate Court of AppealsIAGNLGNL

JN

SW
16IdahoSupreme CourtSCGNNP

NP

SW
16IdahoCourt of AppealsIAGNNP

NP

SW
17IllinoisSupreme CourtSCCSPE

RE

DS
17IllinoisAppellate CourtIASCPE

RE

DS
18IndianaSupreme CourtSCGNGN

RE

SW
18IndianaCourt of AppealsIAGNGN

RE

DS
18IndianaTax CourtIAGNGN

RE

SW
19IowaSupreme CourtSCGNGN

RE

SW
19IowaCourt of AppealsIAGNGN

RE

SW
20KansasSupreme CourtSCGNGN

RE

SW
20KansasCourt of AppealsIAGLGL

RE

SW
21KentuckySupreme CourtSCGNNP

NP

DS
21KentuckyCourt of AppealsIAGNNP

NP

DS
22LouisianaSupreme CourtSCCS (c)PE (d)

PE (d)

DS
22LouisianaCourts of AppealIASC (c)PE (d)

PE (d)

DS
23MaineSupreme Judicial CourtSCGLGL

GL

SW
24MarylandCourt of AppealsSCGNLGNL

RE

DS
24MarylandCourt of Special AppealsIAGNLGNL

RE

DS
25MassachusettsSupreme Judicial CourtSC(e)GNE (f)

(g)

SW
25MassachusettsAppeals CourtIA(e)GNE (f)

(g)

SW
26MichiganSupreme CourtSCGUPE (h)

PE (h)

SW
26MichiganCourt of AppealsIAGUPE (h)

PE (h)

DS
27MinnesotaSupreme CourtSCGUNP

NP

SW
27MinnesotaCourt of AppealsIAGUNP

NP

SW
28MississippiSupreme CourtSCGUNP

NP

DS
28MississippiCourt of AppealsIAGUNP

NP

DS
29MissouriSupreme CourtSCGNGN

RE

SW
29MissouriCourt of AppealsIAGNGN

RE

DS
30MontanaSupreme CourtSCGNLNP

NP (i)

SW
31NebraskaSupreme CourtSCGNGN

RE

SW and DS (j)
31NebraskaCourt of AppealsIAGNGN

RE

DS
32NevadaSupreme CourtSCGNNP

NP

SW
32NevadaCourt of AppealsIAGNNP

NP

SW
33New HampshireSupreme CourtSCGEGE

(k)

SW
34New JerseySupreme CourtSCGLGL

GL

SW
34New JerseySuperior Court, Appellate Div.IAGLGL (l)

GL (l)

SW
35New MexicoSupreme CourtSCGNPE

RE

SW
35New MexicoCourt of AppealsIAGNPE

RE

SW
36New YorkCourt of AppealsSCGNLGNL

GNL

SW
36New YorkSupreme Ct., Appellate Div.IAGNGN

GN

SW (m)
37North CarolinaSupreme CourtSCGUPE

PE

SW
37North CarolinaCourt of AppealsIAGUPE

PE

SW
38North DakotaSupreme CourtSCGN (n)NP

NP

SW
38North DakotaTemporary Court of AppealsIA(o)SC (p)

(o)

SW
39OhioSupreme CourtSCGUPE

PE

SW
39OhioCourts of AppealsIAGUPE

PE

DS
40OklahomaSupreme CourtSCGNGN

RE

DS
40OklahomaCourt of Criminal AppealsSCGNGN

RE

DS
40OklahomaCourt of Civil AppealsIAGNGN

RE

DS
41OregonSupreme CourtSCGUNP

NP

SW
41OregonCourt of AppealsIAGUNP

NP

SW
42PennsylvaniaSupreme CourtSCGLPE

RE

SW
42PennsylvaniaSuperior CourtIAGLPE

RE

SW
42PennsylvaniaCommonwealth CourtIAGLPE

RE

SW
44Rhode IslandSupreme CourtSCGNGN

(q)

SW
45South CarolinaSupreme CourtSCLALA

LA

SW
45South CarolinaCourt of AppealsIALALA

LA

SW
46South DakotaSupreme CourtSCGNGN

RE

DS and SW (r)
47TennesseeSupreme CourtSCGLGL

RE

SW
47TennesseeCourt of AppealsSCGLGL

RE

SW
47TennesseeCourt of Criminal AppealsIAGLGL

RE

SW
48TexasSupreme CourtSCGUPE

PE

SW
48TexasCourt of Criminal AppealsSCGUPE

PE

SW
48TexasCourts of AppealsIAGUPE

PE

DS
49UtahSupreme CourtSCGNLGNL

RE

SW
49UtahCourt of AppealsIAGNLGNL

RE

SW
50VermontSupreme CourtSCGNLGNL

LA

SW
51VirginiaSupreme CourtSCGU (s)LA

LA

SW
51VirginiaCourt of AppealsIAGU (s)LA

LA

SW
53WashingtonSupreme CourtSCGUNP

NP

SW
53WashingtonCourts of AppealsIAGUNP

NP

DS
54West VirginiaSupreme Court of AppealsSCGU (t)NP

NP

SW
55WisconsinSupreme CourtSCGUNP

NP

SW
55WisconsinCourt of AppealsIAGUNP

NP

DS
56WyomingSupreme CourtSCGNGN

RE

SW
11District of ColumbiaCourt of AppealsSC(u)(u)

(u)

SW (v)
72Puerto RicoSupreme CourtSCGLGL

(w)

SW
72Puerto RicoCourt of AppealsIAGLGL

GL

SW

Source:

National Center for State Courts, July 2022.

Key:

SC Court of last resort.
IA Intermediate appellate court.
N/S Not stated.
N.A. Not applicable.
AP At pleasure.
CS Court selection.
DS District.
DU Duration of service.
GE Gubernatorial appointment with approval of elected executive council.
GL Gubernatorial appointment with consent of the legislature.
GN Gubernatorial appointment from judicial nominating commission.
GNE Gubernatorial appointment from judicial nominating commission with approval of elected executive council.
GNL Gubernatorial appointment from judicial nominating commission with consent of the legislature.
GU Gubernatorial appointment.
ID Indefinite.
JN Judicial nominating commission appoints.
LA Legislative appointment.
NP Non-partisan election.
PE Partisan election.
RE Retention election.
SC Court of last resort appoints.
SCJ Chief justice/judge of the court of last resort appoints.
SN Seniority.
SW Statewide.

Footnotes:

(a)

A judge must run for a retention election at the next election, immediately following the third year from the time of initial appointment.

(b)

Five justices are selected by region (based on the District Courts of Appeal) and two justices are selected statewide.

(c)

The person selected by the Supreme Court is prohibited from running for that judgeship; an election is held within one year to serve the remainder of the term.

(d)

Louisiana uses a blanket primary, in which all candidates appear with party labels on the primary ballot. The two top vote getters compete in the general election.

(e)

There are no expired judicial terms. A judicial term expires upon the death, resignation, retirement, or removal of an incumbent.

(f)

The Executive (Governor’s) Council is made up of nine people elected by geographical area and presided over by the lieutenant governor.

(g)

There is no retention process. Judges serve during good behavior to age 70.

(h)

Candidates may be nominated by political parties and are elected on a nonpartisan ballot.

(i)

If the justice/judge is unopposed, a retention election is held.

(j)

Chief justices are selected statewide while associate justices are selected by district.

(k)

There is no retention process. Judges serve during good behavior to age 70.

(l)

All Superior Court judges, including Appellate Division judges, are subject to gubernatorial reappointment and consent by the Senate after an initial seven-year term. Among all the judges, the chief justice designates the judges of the Appellate Division.

(m)

The presiding judge of each Appellate Division must be a resident of the department.

(n)

The governor may appoint from a list of names or call a special election at his discretion.

(o)

The supreme court may provide for the assignment of active or retired district court judges, retired justices of the supreme court, and lawyers, to serve on three-judge panels.

(p)

There is neither a retention process nor unexpired terms. Assignments are for a specified time, not to exceed one year or the completion of one or more cases on the docket of the supreme court.

(q)

There is no retention process. Judges serve during good behavior for a life tenure.

(r)

Initial selection is by district, but retention selection is statewide.

(s)

Gubernatorial appointment is for interim appointments.

(t)

Appointment is effective only until the next election year; the appointee may run for election to any remaining portion of the unexpired term.

(u)

Initial appointment is made by the President of the United States and confirmed by the Senate. Six months prior to the expiration of the term of office, the judge’s performance is reviewed by the tenure commission. Those found “well qualified” are automatically reappointed. If a judge is found to be “qualified” the President may nominate the judge for an additional term (subject to Senate confirmation). If the President does not wish to reappoint the judge, the District of Columbia Nomination Commission compiles a new list of candidates.

(v)

The geographic basis of selection is the District of Columbia.

(w)

There is no retention process. Judges serve during good behavior to age 70.