National
All 50 states have state court systems composed of trial and appellate courts. State judges are either elected in partisan or non-partisan elections or appointed by the governor or legislature, sometimes with the participation of a judicial nominating commission. In many states, appointed judges are subject to periodic up-or-down retention elections. Each state supreme court has between five and nine justices whose opinions on state constitutional law are final. In the vast majority of states, judges serve for fixed terms ranging from six to fourteen years. They can typically be either reappointed or stand for election for additional terms on the bench.
Filters
Hemani Is Not the End of Drug-and-Gun Litigation
The U.S. Supreme Court’s decision that it was unconstitutional to disarm a person based on regular marijuana use contains lessons for state judges, policymakers, and litigants.
A Territorial Death Penalty Case Carries a Warning for the States
A federal court of appeals case from the U.S. Virgin Islands shows how Congress could take charging decisions away from state prosecutors and impose capital punishment for state crimes.
250 Years of State Constitutions
Early state charters are essential to understanding the American founding.
The Many Versions of State Constitutional Lockstepping
The practice of interpreting state constitutions identically to their federal counterpart is often criticized in blanket terms. But the ways state courts lockstep vary widely.
How State Courts Can Help Deflect the Supreme Court’s Latest Blow to Multiracial Democracy
State courts need not import a federal doctrine directing judges to avoid issuing rulings that could change election rules in the runup to an election.
“State Capture” and the Role of State Courts
State constitutions offer powerful tools for combatting control of state and local institutions by private interests.
How Are State Judges Selected?
Thirty-eight states use elections as part of their system for choosing high court judges.
Closing Remarks
Transcript of panel from Symposium: State Constitutions and the Limits of Criminal Punishments