Of the 38 states where elections are used to select judges to the high court: In 16 states, judges are appointed by the governor and reselected in unopposed retention elections. In 14 states, judges are selected in contested nonpartisan elections. In 8 states, judges are selected in contested partisan elections, including New Mexico, which uses a hybrid system that includes partisan elections.
Appointments are also a common aspect of judicial selection. At the high court level: In 10 states, judges are appointed by the governor. Judges either serve for life terms or until they reach a mandatory retirement age in three of these states. In the other six, judges can be reappointed to additional terms by the governor or the legislature.
In one state, Hawaii, the state's judicial nominating commission determines whether to reappoint sitting justices, without a role for the governor or legislature. And in the District of Columbia, the president appoints judges to the D.
Court of Appeals. In another 16 states, judges are initially appointed by the governor and reselected in unopposed retention elections. In addition, in New Mexico, judges are initially appointed by the governor, must then compete in a partisan election during the next general election, and then are reselected in unopposed retention elections.
In a total of 26 states and D. Although most selection processes center around executive appointment or popular elections, 16 states provide avenues for influence from the legislature or another body. What do judges do after serving their first term? In 3 states, judges of general jurisdiction do not ever face reselection, instead serving a single lengthy term. In Rhode Island, judges are appointed by the governor to a life term with no age limit. In Massachusetts and New Hampshire, the governor appoints judges to a single term lasting up to mandatory retirement at age Retention elections are the most common reselection method in state high courts.
How does selection differ across different levels of courts? Currently, 33 states including New York and the District of Columbia choose at least some of their judges via the appointive process known as merit selection. Election, of course, is just what it sounds like: Candidates run in partisan campaigns, and the voters choose their judges in ordinary elections. Some also believe that election increases diversity on the bench.
Appointment, on the other hand, comes in various forms. One example is a requirement that the candidate chosen be confirmed by a legislative body. However, members of Congress, who typically recommend potential nominees, and the Department of Justice, which reviews nominees' qualifications, have developed their own informal criteria. One is not nominated or appointed to the position of chief judge except for the Chief Justice of the United States ; they assume the position based on seniority.
The same criteria exists for circuit and district chiefs. The chief judge is the judge in regular active service who is senior in commission of those judges who are 1 64 years of age or under; 2 have served for one year or more as a judge; and 3 have not previously served as chief judge. The "Rule of 80" is the commonly used shorthand for the age and service requirement for a judge to assume senior status, as set forth in Title 28 of the US. Code, Section c. Senior judges, who essentially provide volunteer service to the courts, typically handle about 15 percent of the federal courts' workload annually.
The number of bankruptcy judges is determined by Congress. The Judicial Conference of the United States is required to submit recommendations from time to time regarding the number of bankruptcy judges needed. Bankruptcy judges are appointed for year terms. The number of magistrate judge positions is determined by the Judicial Conference of the United States, based on recommendations of the respective district courts, the judicial councils of the circuits, and the Director of the Administrative Office of the U.
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