Judicial Selection and Administration
How judges are selected and how the judiciary operates can impact the role and effectiveness of state courts. Processes for judicial selection may vary depending on both the level of court (trial, intermediate appellate, high court) and the type of vacancy being filled (interim vacancies or vacancies that open at the end of a judge’s term). The most common methods of state judicial selection are merit selection, which involves vetting of candidates by a nominating commission coupled with a retention election, nonpartisan elections, partisan elections, gubernatorial appointment, and legislative appointment. For a breakdown of each state’s judicial selection process, see this interactive map.
Judicial administration refers to the management of the court system, including judicial ethics, security systems, and access to court documents.
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Case Trends: State Courts Continue to Grapple with Covid-19 Policies
Courts are still weighing the constitutionality of state responses to the pandemic more than five years after its start.
The Arizona Constitution: Deeply Skeptical of Power
Arizona’s governing document is easy to amend. While Arizonans have approved changes on issues like abortion and immigration, they use the right relatively sparingly.
How Much Do You Know About State Constitutions and Courts?
Learn why state constitutions are so long, which high court is almost completely made up of women, and more.
Back-to-School Scholarship Roundup: State Courts, Constitutional Law, and Federalism
Recent books and law review articles discuss voter disenfranchisement, separation of church and state, and much more.
Tribal Courts and Constitutions of American Indian Tribes
Tribal courts and constitutions shape governance for American Indian tribes, balancing sovereignty with federal law in their unique legal systems.
The New Jersey Constitution: A Tool of Good Governance, Not Partisan Politics
A 1947 constitution offered a needed update for a state saddled with a weak executive and a court system “out of Dickens.”
The Puerto Rico Constitution: A Unique Territorial Framework
Though the island’s territorial constitution offers unique provisions and a focus on human rights, Congress still exerts plenary powers over Puerto Rico.
How Not to Criticize a Judge
The Montana Supreme Court recently splintered over internal accusations of partisan bias.