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.

Filters

Type

State

Year

Keyword

Displaying 1 - 8 of 42 results

How the Most Important Judicial Races of 2024 Played Out

The North Carolina race has not yet been called, as the Republican candidate is challenging the eligibility of thousands of voters in litigation that remains pending.

By Douglas Keith

January 8, 2025

Judicial Selection and Administration

What Do State High Court Justices Like About Their Jobs?

Seven justices opened up about the reality of sitting on a state supreme court.

By Erin Geiger Smith , Douglas Keith , Gabriella Sanchez

December 2, 2024

Judicial Selection and Administration

State High Court Judges Reflect on Their 'Dream Careers'

Eight justices told us how they thought they would spend their lives. Most never imagined they would become judges.

By Erin Geiger Smith , Gabriella Sanchez , Douglas Keith

November 12, 2024

Voters Across the Country Amend Their Constitutions

Through ballot measures, voters expressed policy preferences on issues including abortion, drug legalization, and same-sex marriage.

By Erin Geiger Smith , Sarah Kessler , Zoe Merriman

November 8, 2024

2024 Ballot Measures to Watch

Voters will decide whether to amend their state constitutions with measures focusing on abortion, election procedures, minimum wage policy, and more.

By Erin Geiger Smith

November 1, 2024

What’s at Stake in the 2024 Montana Supreme Court Elections

Races for two seats on the high court will shape the future of Montana law on criminal justice, environmental rights, and more.

By Douglas Keith , Morgan Munroe

Montana

October 24, 2024

2024 Ballot Measures That Could Impact State Courts

Voters in key states will consider judicial retirement ages and ethics.

By Michael Milov-Cordoba

October 23, 2024

What’s at Stake in the 2024 Ohio Supreme Court Elections

The outcome of the races for three seats on the high court could impact Ohio law on abortion, voting rights, gun regulations, and more.

By Kathrina Szymborski Wolfkot , Zachary Kronsberg

Ohio

October 16, 2024

State Case Database

Decisions and pending cases shaping state constitutional law.

League of Women Voters of Missouri v. State

Trial court permanently enjoined provisions restricting voter registration and absentee ballot solicitation activities, finding that they burden core political speech, constitute content- and viewpoint-discrimination, and are overbroad, in violation of state constitutional speech protections. The court also held that the provisions violate civic engagement groups' state constitutional right to associate and are unconstitutionally vague. The court determined that because the laws restrict election-related speech, not the mechanics of elections, strict scrutiny review applies.

Missouri

November 27, 2025

Government Structure

O’Neil v. Gianforte

Held that the state constitution’s protection of the public’s “right to know” allows for a limited gubernatorial privilege exception if the governor meets the “high bar of demonstrating that the information is essential to carrying out a constitutional duty and that its disclosure would chill future candor.” Also held that the process for determining whether a particular document otherwise subject to the "right to know" may be shielded by gubernatorial privilege should be the same as for other "candor privileges" (e.g., attorney-client, doctor-patient), including in camera review by the trial court to determine the proper scope. Remanded to the district court to conduct such review with respect to the requested agency documents.

Montana

January 2, 2025

Pending

Government Structure

Webster v. Commission for Lawyer Discipline

Held that a disciplinary complaint collaterally accusing the first-assistant state attorney general of making misrepresentations in a petition filed in the U.S. Supreme Court alleging 2020 election “irregularities” violated separation-of-powers principles. While the judicial branch (and the lawyer discipline commission derivatively) has the power to enforce compliance with conduct rules, the attorney general (and his first assistant derivatively) has exclusive authority to assess the propriety of filing suit and of "the representations forming the basis of the petitions that he files." If the contents of those pleadings are objectionable, permitting the court to which the pleadings are presented to scrutinize the contents and discipline the attorney general's office "wholly accommodates the legitimate interests of all branches of government." But a disciplinary complaint arising outside the litigation in which the challenged statements were made, "improperly invade[s] the executive branch's prerogatives and risk[s] the politicization and thus the independence of the judiciary."

Texas

December 31, 2024

Government Structure

City of Fargo v. State

Held that a 2023 statute barring localities from enacting ordinances related to the purchase, sale, or possession of firearms and ammunitions that are more restrictive than state law preempted the city of Fargo’s limits on such sales and did not violate state constitutional “home rule” clauses as applied to Fargo’s restrictions.

North Dakota

December 19, 2024