How State Court Judges Are Selected

Before the 19 th century, most state judges were appointed. After a wave of legislative gerrymandering of courts, many states in the 1830s converted to electing judges. Still later, people dissatisfied with the troubling political aspects of judicial elections created combination plates of nominations and elections. For example, in 1940, Missouri implemented the merit election system. A nonpartisan commission appoints judges, who a few years later run in elections to retain their seat.

Now, states vary widely in their methods for selecting state judges. In some states, the methods even differ from court to court within the state.

Who Really Decides
In most states, more than half the state judges first come onto the bench via appointments to fill vacancies. Almost no state has any advice and consent role for legislatures on short-term appointments, and only 11 states have any kind of screening process for gubernatorial appointments to fill vacancies. Interest groups know to get chummy with the governor and advocate for appointments of their preferred choice, because judges who run as incumbents are overwhelmingly re-elected.

Part of the Democratic Process
Even judges who are not elected are still part of our democratic system and are controlled, at least indirectly, by the people (who elect the governors or other officials who choose the judges). Judges are also subject to impeachment and removal from office for not doing their job: upholding the laws of the land in a sober, reasonable manner. They may not be removed for their “judicial acts,” in other words, for the way they decide a case or cases.