Policy Backgrounders

Election of State Court Judges

April 14, 2023

Recently, Janet Protasiewicz won a nonpartisan State Supreme Court race in Wisconsin, giving control of the Supreme Court there to liberals for the first time in 15 years. This was the most expensive judicial race ever, with more than $45 million spent. Highlighting the importance of judicial elections, in the coming year, the Court is expected to rule on issues including abortion rights, legislative maps, and the governor’s appointment powers. This Policy Brief discusses both the status of elections in state supreme court appointments at different stages of a judge’s tenure and some recent developments on the issue.

• Most states use elections at some point in their judicial selection process: Despite the expected nonpartisan role of a judge, most states use elections at some point in their judicial selection process. Further, in eight states, state supreme court judges are selected in contested partisan elections.

• Independent commissions often propose a vetted list to fill vacant seats: In 26 states and DC, an independent commission evaluates candidates and forwards a list of those deemed most qualified to the appointing authority, generally the governor.                  

• Several states are considering legislation to alter their judicial selection processes.

• Public confidence in the independence of the judiciary is at risk with the election process for the selection of judges. CED’s longstanding position has been to call for an appointment system for state level judges with non-partisan commissions selecting judges based on merit.  The commission’s independence could be further strengthened by dispersing power to appoint members of the commission across a variety of offices, including the governor and legislators from both parties.