July 20, 2022
By Bill Raftery
With the recent announcement that New York’s highest court (the Court of Appeals) is set to get a new chief judge, the question has come up again of how other states select their top judge. In short, there are a total of 19 different selection methods in use today, but these can be generally categorized into four main types:
Court selection: the members of the court select who will be the chief. Idaho’s constitution for example states that “The chief justice shall be selected from among the justices of the Supreme Court by a majority vote of the justice.”
Gubernatorial appointment: while some states use the federal model (governor nominates/ Senate confirms) there are nine other variations on gubernatorial appointments. Key differences are a) who does the confirmation if not the state’s senate and b) whether or not the governor is free to select any one or must select from a list provided by a judicial nominating commission.
Seniority: the chief justice is the longest-serving justice of the court. For example, Kansas’ constitution states that “The justice who is senior in continuous term of service shall be chief justice, and in case two or more have continuously served during the same period the senior in age of these shall be chief justice.”
Elected statewide: in several states, individuals run not simply to be a member of the state’s court of last resort but specifically to be the state’s chief justice. Arkansas’s constitution includes a provision that “The Supreme Court shall be composed of seven Justices, one of whom shall serve as Chief Justice. The Justices of the Supreme Court shall be selected from the State at large.”
Other: the remaining states use a variety of one-off systems. Two notable ones are North Dakota - the state’s trial court judges/ District judges along with the supreme court elect the chief justice from the currently sitting members of the supreme court and South Carolina - the legislature appoints the chief justice with no involvement by the governor.
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State/Court | Method of CJ Selection | Citation |
Alabama | Statewide partisan election | Constitution (Amendment 328) sets term. Statute (Ala. Code 12-2-1) sets method. |
Alaska | Court Selection | Constitution (Art. IV, Sec. 2) sets method and term. |
Arizona | Court Selection | Constitution (Art. VI, Sec. 3) sets method and term. |
Arkansas | Statewide nonpartisan election | Constitution (Amend. 80, Sec. 2) sets method and term. |
California | Gubernatorial appointment & confirmed by the Commission on Judicial Appointments | Constitution (Art. VI, Sec. 16) sets method and terms. |
Colorado | Court Selection | Constitution (Art. VI, Sec. 5) sets method and provides CJ shall "serve at the pleasure of a majority of the court". |
Connecticut | Gubernatorial appointment from judicial nominating commission with consent of the legislature | Constitution (Amendment Article XXV) sets method and terms. |
Delaware | Governor with Senate confirmation | Constitution (Art. V, Secs. 2 & 3) sets the method and terms. |
Florida | Court Selection | Constitution (Art. V, Sec. 2) sets method. Rule (Sup.Ct. Manual Internal Operating P. § I) sets the terms. |
Georgia | Court Selection | Constitution (Article VI. Section IV. Paragraph 1) sets method. Practice has set term as 3-4 years. |
Hawaii | Gubernatorial appointment from judicial nominating commission with consent of the legislature | Constitution (Art. 6, Sec. 3) sets method and terms. |
Idaho | Court Selection | Constitution (Art. V, Sec. 6) sets method and term. |
Illinois | Court Selection | Constitution (Art. VI, Sec. 3) sets method and term. |
Indiana | Judicial nominating commission appoints from among sitting members | Constitution (Art. VII, Sec. 3) sets method and terms. |
Iowa | Court Selection | Statute (Iowa Code 602.4103) sets method and term. |
Kansas | Seniority | Constitution (Art. 3, Sec. 3) sets method and terms. |
Kentucky | Court Selection | Constitution (Section 110(5)(a)) sets method and term. |
Louisiana | Seniority | Constitution (Art. 5, Sec. 6) sets method and terms. |
Maine | Gubernatorial appointment with legislative confirmation | Constitution (Art. V, Sec. 8) sets method and terms. |
Maryland | Governor from among sitting members of the court | Constitution (Art. 5, Sec. 14) sets the method and terms. |
Massachusetts | Gubernatorial appointment with approval of elected executive council | Constitution (Ch. II, Sec. I, Part IX) sets method and terms. |
Michigan | Court Selection | Constitution (Art. VI, Sec. 3) sets method. Rules of court set term (MCR 7.301); selection of CJ occurs in each "odd-numbered year." |
Minnesota | Statewide nonpartisan election | Constitution (Art. 6, Secs 2 & 7) sets method and term. |
Mississippi | Seniority | Statute (Miss. Code Ann. § 9-3-11) sets method and terms. |
Missouri | Court Selection | Constitution (Art. V, Sec. 8) sets method. Rules of court set term (SCR 82.01). |
Montana | Statewide nonpartisan election | Statute (M.C.A. 13-14-211 through 213) sets method and terms. |
Nebraska | Gubernatorial appointment from judicial nominating commission | Constitution (Art. V, Sec. 21) sets method and terms. |
Nevada | Seniority | Constitution (Art. VI, Sec. 3) sets method and terms. |
New Hampshire | Gubernatorial appointment & confirmed by the Governor's Council | Constitution (Art. 46) sets method and terms. |
New Jersey | Governor with Senate confirmation | Constitution (Art. VI, Sec. VI) sets method and terms. |
New Mexico | Court Selection | Statute (N.M.S.A. 34-2-1) sets method and term ("April of each even-numbered year"). |
New York | Gubernatorial appointment from judicial nominating commission with consent of Senate | Constitution (Art. VI, Sec. 2(e)) sets method and terms. |
North Carolina | Statewide election | Constitution (Art. IV, Sec. 16) sets term. Statute (G.S. 163-321 through 163-335) sets method. |
North Dakota | Elected by Supreme Court justices with District Court judges jointly | Statute (ND Cent. Code. 27-02-01) sets method and term. |
Ohio | Statewide partisan election | Constitution (Art. IV, Sec. 6) sets method and terms. |
Oklahoma Court of Criminal Appeals | Court Selection | Statute (O.S. 20.35) sets method and term ("next two (2) years.") |
Oklahoma Supreme Court | Court Selection | Constitution (Art. 7, Sec. 2) sets method. Although there does not appear to be a specific rule, in practice the CJ have served for two years. |
Oregon | Court Selection | Statute (O.R.S. 2.045) sets method and term. |
Pennsylvania | Seniority | Constitution (Art. V, Sec. 10(d)) sets method and terms. |
Rhode Island | Gubernatorial appointment from nominating commission with consent of both chambers of the legislature | Constitution (Art. XX, Sec. 4) sets method and terms. |
South Carolina | Legislative appointment | Constitution (Art. V, Sec. 2) sets method and terms. |
South Dakota | Court Selection | Constitution (Art. V, Sec. 8) grants legislature power to set. |
Tennessee | Court Selection | Constitution (Art. VI, Sec. 2) sets method. Court rule (SCR 32) sets term: 4 years for first term starting on September 1, 2 years for additional, consecutive terms. But note majority of 3 may remove at any time. |
Texas (Court of Criminal Appeals) | Statewide partisan election | Constitution (Art. V, Sec. 4) sets method and terms. |
Texas (Supreme Court) | Statewide partisan election | Constitution (Art. V, Sec. 2) sets method and terms. |
Utah | Court Selection | Statute (Utah Code 78A-3-101) sets method and term. |
Vermont | Governor with Senate confirmation | Constitution (Ch. II, Sec. 32) sets method and terms. |
Virginia | Court Selection | Statute (Va. Code Ann. 17.1-300) sets method and term. |
Washington | Court Selection | Constitution (Art. IV, Sec. 3) sets method and term, but note that CJ is "at the pleasure of a majority of the court." |
West Virginia | Court Selection | Constitution (Art. VIII, Sec. 2) gives court power to set method. Administrative orders and/or practice had set term as 1 year until 2017. |
Wisconsin | Court Selection | Constitution (Art. VII, Sec. 4) sets method and term. |
Wyoming | Court Selection | Constitution (Art. V, Sec. 4) sets method. Statute (W.S. § 5-2-102) provides CJ shall "serve at the pleasure of a majority of the court." |