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 |
01 | Alabama | Supreme Court | SC | GU | PE | PE | SW |
01 | Alabama | Court of Civil Appeals | IA | GU | PE | PE | SW |
01 | Alabama | Court of Criminal Appeals | IA | GU | PE | PE | SW |
02 | Alaska | Supreme Court | SC | GN | GN | RE (a) | SW |
02 | Alaska | Court of Appeals | IA | GN | GN | RE (a) | SW |
04 | Arizona | Supreme Court | SC | GN | GN | RE | SW |
04 | Arizona | Court of Appeals | IA | GN | GN | RE | DS |
05 | Arkansas | Supreme Court | SC | GU | NP | NP | SW |
05 | Arkansas | Court of Appeals | IA | GU | NP | NP | DS |
06 | California | Supreme Court | SC | GU | GU | RE | SW |
06 | California | Courts of Appeal | IA | GU | GU | RE | DS |
08 | Colorado | Supreme Court | SC | GN | GN | RE | SW |
08 | Colorado | Court of Appeals | IA | GN | GN | RE | SW |
09 | Connecticut | Supreme Court | SC | GNL | GNL | GNL | SW |
09 | Connecticut | Appellate Court | IA | GNL | GNL | GNL | SW |
10 | Delaware | Supreme Court | SC | GNL | GNL | GNL | SW |
12 | Florida | Supreme Court | SC | GN | GN | RE | DS and SW (b) |
12 | Florida | District Courts of Appeal | IA | GN | GN | RE | DS |
13 | Georgia | Supreme Court | SC | GN | NP | NP | SW |
13 | Georgia | Court of Appeals | IA | GN | NP | NP | SW |
15 | Hawaii | Supreme Court | SC | GNL | GNL | JN | SW |
15 | Hawaii | Intermediate Court of Appeals | IA | GNL | GNL | JN | SW |
16 | Idaho | Supreme Court | SC | GN | NP | NP | SW |
16 | Idaho | Court of Appeals | IA | GN | NP | NP | SW |
17 | Illinois | Supreme Court | SC | CS | PE | RE | DS |
17 | Illinois | Appellate Court | IA | SC | PE | RE | DS |
18 | Indiana | Supreme Court | SC | GN | GN | RE | SW |
18 | Indiana | Court of Appeals | IA | GN | GN | RE | DS |
18 | Indiana | Tax Court | IA | GN | GN | RE | SW |
19 | Iowa | Supreme Court | SC | GN | GN | RE | SW |
19 | Iowa | Court of Appeals | IA | GN | GN | RE | SW |
20 | Kansas | Supreme Court | SC | GN | GN | RE | SW |
20 | Kansas | Court of Appeals | IA | GL | GL | RE | SW |
21 | Kentucky | Supreme Court | SC | GN | NP | NP | DS |
21 | Kentucky | Court of Appeals | IA | GN | NP | NP | DS |
22 | Louisiana | Supreme Court | SC | CS (c) | PE (d) | PE (d) | DS |
22 | Louisiana | Courts of Appeal | IA | SC (c) | PE (d) | PE (d) | DS |
23 | Maine | Supreme Judicial Court | SC | GL | GL | GL | SW |
24 | Maryland | Court of Appeals | SC | GNL | GNL | RE | DS |
24 | Maryland | Court of Special Appeals | IA | GNL | GNL | RE | DS |
25 | Massachusetts | Supreme Judicial Court | SC | (e) | GNE (f) | (g) | SW |
25 | Massachusetts | Appeals Court | IA | (e) | GNE (f) | (g) | SW |
26 | Michigan | Supreme Court | SC | GU | PE (h) | PE (h) | SW |
26 | Michigan | Court of Appeals | IA | GU | PE (h) | PE (h) | DS |
27 | Minnesota | Supreme Court | SC | GU | NP | NP | SW |
27 | Minnesota | Court of Appeals | IA | GU | NP | NP | SW |
28 | Mississippi | Supreme Court | SC | GU | NP | NP | DS |
28 | Mississippi | Court of Appeals | IA | GU | NP | NP | DS |
29 | Missouri | Supreme Court | SC | GN | GN | RE | SW |
29 | Missouri | Court of Appeals | IA | GN | GN | RE | DS |
30 | Montana | Supreme Court | SC | GNL | NP | NP (i) | SW |
31 | Nebraska | Supreme Court | SC | GN | GN | RE | SW and DS (j) |
31 | Nebraska | Court of Appeals | IA | GN | GN | RE | DS |
32 | Nevada | Supreme Court | SC | GN | NP | NP | SW |
32 | Nevada | Court of Appeals | IA | GN | NP | NP | SW |
33 | New Hampshire | Supreme Court | SC | GE | GE | (k) | SW |
34 | New Jersey | Supreme Court | SC | GL | GL | GL | SW |
34 | New Jersey | Superior Court, Appellate Div. | IA | GL | GL (l) | GL (l) | SW |
35 | New Mexico | Supreme Court | SC | GN | PE | RE | SW |
35 | New Mexico | Court of Appeals | IA | GN | PE | RE | SW |
36 | New York | Court of Appeals | SC | GNL | GNL | GNL | SW |
36 | New York | Supreme Ct., Appellate Div. | IA | GN | GN | GN | SW (m) |
37 | North Carolina | Supreme Court | SC | GU | PE | PE | SW |
37 | North Carolina | Court of Appeals | IA | GU | PE | PE | SW |
38 | North Dakota | Supreme Court | SC | GN (n) | NP | NP | SW |
38 | North Dakota | Temporary Court of Appeals | IA | (o) | SC (p) | (o) | SW |
39 | Ohio | Supreme Court | SC | GU | PE | PE | SW |
39 | Ohio | Courts of Appeals | IA | GU | PE | PE | DS |
40 | Oklahoma | Supreme Court | SC | GN | GN | RE | DS |
40 | Oklahoma | Court of Criminal Appeals | SC | GN | GN | RE | DS |
40 | Oklahoma | Court of Civil Appeals | IA | GN | GN | RE | DS |
41 | Oregon | Supreme Court | SC | GU | NP | NP | SW |
41 | Oregon | Court of Appeals | IA | GU | NP | NP | SW |
42 | Pennsylvania | Supreme Court | SC | GL | PE | RE | SW |
42 | Pennsylvania | Superior Court | IA | GL | PE | RE | SW |
42 | Pennsylvania | Commonwealth Court | IA | GL | PE | RE | SW |
44 | Rhode Island | Supreme Court | SC | GN | GN | (q) | SW |
45 | South Carolina | Supreme Court | SC | LA | LA | LA | SW |
45 | South Carolina | Court of Appeals | IA | LA | LA | LA | SW |
46 | South Dakota | Supreme Court | SC | GN | GN | RE | DS and SW (r) |
47 | Tennessee | Supreme Court | SC | GL | GL | RE | SW |
47 | Tennessee | Court of Appeals | SC | GL | GL | RE | SW |
47 | Tennessee | Court of Criminal Appeals | IA | GL | GL | RE | SW |
48 | Texas | Supreme Court | SC | GU | PE | PE | SW |
48 | Texas | Court of Criminal Appeals | SC | GU | PE | PE | SW |
48 | Texas | Courts of Appeals | IA | GU | PE | PE | DS |
49 | Utah | Supreme Court | SC | GNL | GNL | RE | SW |
49 | Utah | Court of Appeals | IA | GNL | GNL | RE | SW |
50 | Vermont | Supreme Court | SC | GNL | GNL | LA | SW |
51 | Virginia | Supreme Court | SC | GU (s) | LA | LA | SW |
51 | Virginia | Court of Appeals | IA | GU (s) | LA | LA | SW |
53 | Washington | Supreme Court | SC | GU | NP | NP | SW |
53 | Washington | Courts of Appeals | IA | GU | NP | NP | DS |
54 | West Virginia | Supreme Court of Appeals | SC | GU (t) | NP | NP | SW |
55 | Wisconsin | Supreme Court | SC | GU | NP | NP | SW |
55 | Wisconsin | Court of Appeals | IA | GU | NP | NP | DS |
56 | Wyoming | Supreme Court | SC | GN | GN | RE | SW |
11 | District of Columbia | Court of Appeals | SC | (u) | (u) | (u) | SW (v) |
72 | Puerto Rico | Supreme Court | SC | GL | GL | (w) | SW |
72 | Puerto Rico | Court of Appeals | IA | GL | GL | 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. |