PSC102 State and Local Government Unit 5 DB: Judge Selection in the States, POST University, August 2025

 PSC102 State and Local Government Unit 5 DB: Judge Selection in the States 

You have learned about the different ways judges are selected in the states.  These include legislative elections, partisan elections, nonpartisan elections, gubernatorial appointments, and the merit plan.  Some states use a combination of these selections for different levels of judges.   

Discuss which method you think is best for choosing judges and explain why.   

I like the way California chooses their judges, by both elections and by gubernatorial appointment. I think it is great to have a balance of ways so that no all judges are picked in the same way to prevent corruption and a balance of ideas and preferences.  

When responding, think about whether or not you believe there should be a universal means of selecting state judges across the country, and if so how you would design the process.   

I don’t think that a single universal way of picking judges should be the standard in the United States. Let each state choose their own way since each state is very different with different needs and sizes. 

In California, judges are selected through a combination of appointments and elections. Superior Court judges are elected by voters in their respective counties for six-year terms. Vacancies in the Superior Courts are filled by gubernatorial appointment. California Supreme Court and Courts of Appeal justices are appointed by the Governor and then confirmed by the Commission on Judicial Appointments and voters. They also face retention elections at the end of their terms. 

Here's a more detailed breakdown: 

Superior Courts: 

• Elections: Superior Court judges are elected by voters in their respective counties in nonpartisan elections.  
• Gubernatorial Appointments: When a vacancy occurs, the Governor appoints a replacement.  
• Eligibility: Candidates must be attorneys admitted to practice in California or have served as a judge for at least 10 years. 

Courts of Appeal and Supreme Court: 

• Gubernatorial Appointments: The Governor appoints justices to these courts. 
• Confirmation: Appointees must be confirmed by the Commission on Judicial Appointments. 
• Retention Elections: Justices then face retention elections at the end of their terms (12 years for Supreme Court and Courts of Appeal). 
• Vacancies: If a justice steps down before the end of their term, the Governor appoints a replacement. 
• Eligibility: Similar to Superior Court judges, appointees must be attorneys or judges with at least 10 years of experience. 

 

The Governor's Role: 

• The Governor plays a significant role in judicial selection in California, particularly in appointing judges to the appellate and Supreme Courts.  
• The Governor's office receives and reviews applications, considering factors like experience, skills, and the needs of the court.  
• The Governor's decisions are often influenced by the ratings and evaluations provided by the Commission on Judicial Nominees Evaluation (JNE). 

 

Commission on Judicial Nominees Evaluation (JNE): 

• The JNE Commission reviews candidates nominated by the Governor and provides evaluations on their qualifications. 
• The commission evaluates candidates based on criteria including legal experience, judicial temperament, honesty, integrity, and community respect. 
• The JNE Commission has a limited time to complete its evaluations, and the State Bar is working to ensure sufficient capacity to evaluate candidates in a timely manner.