How Are Judges Selected?

The selection of judges is a vital process that shapes the justice system in the county. But how do they get their jobs?

This article examines the detailed procedure for appointing judges. It also explains the methods of judicial appointment in different courts.

What Types of Courts Comprise the U.S. Judicial System?

The U.S. judicial system is divided into categories that administer justice on federal and state levels. It includes various courts, from the U.S. Supreme Court to specialized legislative courts. Judges in these courts get appointed for a fixed term or life.

Federal Court

Article III of the U.S. Constitution established the following courts:

• U.S. Supreme Court
• U.S. Court of Appeals
• U.S. District Courts

The federal judges in these courts have three constitutional protections:

1. They can hear actual cases or controversies
2. They can have lifetime tenure
3. Their salaries can't get diminished during their service

These protections are to ensure judicial independence. They shield judicial officers from public influence and political pressure, especially during general election cycles.

State Court

The Constitution and state laws likewise establish state courts, which are as follows:

• State supreme court
• Intermediate appellate courts
• Trial courts or district courts

States also have courts that handle specific matters, such as county courts, family courts, juvenile courts, probate courts, and more.

State court judges' tenure varies compared with federal judges. It can be for a fixed-year term or a lifetime tenure. Some states also have periodic retentions.

Legislative Courts

Congress establishes legislative courts under its Article I powers. These courts include:

• U.S. tax courts
• U.S. Court of Appeals for Veterans Claims
• U.S. Court of Federal Claims
• U.S. Court of Appeals for the Armed Forces
• Federal district courts in U.S. territories such as the Virgin Islands, Guam, and the Northern Mariana Islands.

Legislative courts can exercise the same authority as Article III courts. They can enter their own court orders and issue contempt orders. But, they do not enjoy constitutional protections like those of an Article III judge. For instance, legislative judges do not have lifetime tenure or salary protection.

Selection of Federal Judges

Article II of the Constitution provides the appointment process for federal judges. It starts with nomination. The president gives names of potential nominees, who often come from recommendations by House or Senate members. Then, each nominee undergoes a confirmation hearing by the Senate Judiciary Committee. During the hearing, the committee extensively conducts merit selection, examining the nominee's qualifications, prior rulings, and judicial philosophy.

The committee then decides whether to send the nomination for a final confirmation, which requires the vote of the full Senate. The U.S. Senate then rejects or confirms the nominees to fill vacancies.

Lifelong Appointments

After confirmation, the federal judge serves for life unless impeached for failure to uphold good behavior as outlined by Article III of the Constitution. The lifelong tenure of federal judges aims to ensure the judicial branch's independence and protect them from political pressures with changes in the executive and legislative branches.

Impeachment of Federal Judges

Although federal judges hold their judicial appointments for life, Congress can impeach them from office for failing to maintain "good behavior" or for misconduct. Under Article I, Section 2, Clause 5 of the Constitution, the House of Representatives and the Senate can impeach federal judges. Here, the House determines whether to impeach the federal judge. If impeachment happens, the Senate decides whether to remove the official from office or convict them. Some of the most common grounds for impeachment are:

• Bribery
• Treason
• High crimes and misdemeanors

The impeachment would result in the removal of the federal judge from office. The Senate can vote by simple majority to decide whether to bar the impeached federal judge from holding any office of public trust. If this doesn't happen, the impeached federal judge could stay eligible to hold public office, including as a House or Senate member.

Selection of State Court Judges

The method of selection of state court judges varies in every state. States choose judges in any of the following ways:

• Legislative elections. The state legislature selects the state judges.
• Partisan elections. The public elects the state judges. The ballot lists the names of the judicial candidates with their political affiliations.
• Non partisan elections. The public elects the state judges, but the ballot does not reflect the candidate's political affiliation.
• Gubernatorial appointment. The governor appoints the state judges. Sometimes, a legislative body must confirm the appointment made through this method.

States may also combine the above methods of judicial selection. For instance, they may select judges through appointment, followed by a popular election. There are also states with judicial nominating commissions that oversee the reappointment of the sitting judges. This process is also called "retention elections."

Gubernatorial Appointment of Judges

With the gubernatorial appointment, the governor directly appoints state judges. The judge appointed does not have to come from a list of nominees the judicial nominating committee provides. As of April 2023, the states employing gubernatorial appointments require confirmation of the appointment by the legislative or other government body. This method of judicial selection closely resembles the process of selecting Article III judges, where the president appoints the federal judge, and the Senate confirms the appointment.

By April 2024, five states adopted gubernatorial appointments for their state supreme courts:

1. California
2. Maine
3. Massachusetts
4. New Hampshire
5. New Jersey

Selection of Legislative Court Judges

The president often appointed judges of the U.S. Tax Courts, U.S. Court of Federal Claims, U.S. Court of Appeals for Veterans Claims, and territorial courts. After judicial appointment, the Senate confirms. This judicial selection process almost mirrors that of Article III judges.

How Is Chief Judge Selected?

The Chief Justice of the U.S. Supreme Court goes through a similar nomination by the president and a confirmation process by the Senate. But in most U.S. federal courts, the method of judicial selection for chief judges follows certain criteria. These criteria are often related to seniority.

For U.S. federal courts, the chief judge is often the most senior judge who is still in active service and meets the following conditions:

1. Tenure. They must have served as a judge for at least a year.
2. Age. They must be 64 or younger.
3. Previous service. It should not be a reelection, or they should not have served as chief judge before.

This set of criteria ensures that the chief justice is someone experienced and has a significant understanding of the judicial system.

Learn More About How Judges Get Selected

Learning about the intricacies of judicial appointment is crucial, particularly when court decisions could significantly impact your rights and liberties. If you need to learn more about the effects of judicial appointments on your case, consult a litigation attorney. They can help you navigate the legal system and clarify your questions. If you need help with a civil case or criminal case, litigation attorneys can also give you legal advice and representation. Do not hesitate to contact a litigation attorney near you to protect your rights.

Read More:

• What Happens When a Supreme Court Justice Dies?
• Why Isn't There Just One Court System?
• U.S. Federal Court System
• What Kinds of Cases Can Federal Courts Decide?
• What Is a Court?