Judicial selection in Minnesota
| Judicial selection in Minnesota | |
 | |
| Minnesota Supreme Court | |
| Method: | Nonpartisan election |
| Term: | 6 years |
| Minnesota Court of Appeals | |
| Method: | Nonpartisan election |
| Term: | 6 years |
| Minnesota District Courts | |
| Method: | Nonpartisan election |
| Term: | 6 years |
Judicial selection refers to the process used to select judges for courts. At the state level, methods of judicial selection vary substantially in the United States, and in some cases between different court types within a state. There are six primary types of judicial selection: partisan and nonpartisan elections, the Michigan method, assisted appointment, gubernatorial appointment, and legislative elections. To read more about how these selection methods are used across the country, click here.
This article covers how state court judges are selected in Minnesota, including:
As of April 2023, the selection of state court judges in Minnesota occurred through nonpartisan elections. Judges must run for re-election if they wish to serve additional terms.[1]
Click here to notify us of changes to judicial selection methods in this state.
Minnesota Supreme Court
- See also: Minnesota Supreme Court
The seven judges of the Minnesota Supreme Court are chosen in nonpartisan elections to six-year terms. Candidates compete in primaries, from which the top-two contestants advance to the general election. For more information on these elections, visit Ballotpedia's Minnesota judicial elections page. Sitting judges must run for re-election if they wish to serve additional terms. While party affiliation is not designated on the ballot, incumbency is.[2]
Qualifications
Judges of the supreme court are required to be "learned in the law" and under 70 years old. Sitting judges who reach the age of 70 while in office are allowed to serve until the last day of that month.[2]
Chief justice
The chief justice of the Minnesota Supreme Court is directly chosen by voters in a nonpartisan election. He or she serves in that capacity for a full six-year term.[2]
Vacancies
Interim vacancies on the supreme court are filled via gubernatorial appointment. After serving for at least one year, the appointed judge can run for a full term in the next general election.[2] Other candidates may file to run against them in the election.[3]
The map below highlights how vacancies are filled in state supreme courts across the country.
Minnesota Court of Appeals
- See also: Minnesota Court of Appeals
Judges on the Minnesota Court of Appeals are chosen in nonpartisan elections to six-year terms. Candidates compete in primaries, from which the top-two contestants advance to the general election.[2] For more information on these elections, visit Ballotpedia's Minnesota judicial elections page. Sitting judges must run for re-election if they wish to serve additional terms. While party affiliation is not designated on the ballot, incumbency is.[2]
Qualifications
Judges of the appeals court are required to be "learned in the law" and under 70 years old. Sitting judges who reach the age of 70 while in office are allowed to serve until the last day of that month.[2]
Chief judge
The chief judge of the appeals court is appointed by the governor. He or she serves in that capacity for a three-year term.[2]
Vacancies
Interim vacancies on the appeals court are filled via gubernatorial appointment. After serving for at least one year, the appointed judge can run for a full term in the next general election.[2] Other candidates may file to run against them in the election.[3]
Minnesota District Courts
- See also: Minnesota District Courts
Judges on the Minnesota District Courts are chosen in nonpartisan elections to six-year terms. Candidates compete in primaries, from which the top-two contestants advance to the general election.[2] For more information on these elections, visit Ballotpedia's Minnesota judicial elections page. Sitting judges must run for re-election if they wish to serve additional terms. While party affiliation is not designated on the ballot, incumbency is.[2]
Qualifications
Judges of the district courts are required to be "learned in the law" and under 70 years old. Sitting judges who reach the age of 70 while in office are allowed to serve until the last day of that month.[2]
Chief judge
The chief judge of each district court is elected by their peers for a two-year term.[2]
Vacancies
Interim vacancies on the district court are filled via gubernatorial appointment. A judicial nominating commission recommends candidates to the governor to fill the vacancy. After serving for at least one year, the appointed judge can run for a full term in the next general election.[2] Other candidates may file to run against them in the election.[3]
History
Below is a timeline noting changes to judicial selection methods in Minnesota.
- 1989: The commission of judicial selection was created by the Minnesota Legislature to screen candidates for district court vacancies.
- 1983: The Minnesota Court of Appeals was established.
- 1912: The state legislature established a nonpartisan ballot for judges.
- 1883: Judges' terms were reduced to six years.
- 1857: Established that all judges were to be elected by popular vote to seven-year terms.[4]
Selection of federal judges
United States district court judges, who are selected from each state, go through a different selection process from that of state judges.
The district courts are served by Article III federal judges, who are appointed for life during good behavior. They are usually first recommended by senators (or members of the House, occasionally). The President of the United States nominates judges, who must then be confirmed by the United States Senate in accordance with Article III of the United States Constitution.[5]
Courts in Minnesota
In Minnesota, there is a single federal district court, a state supreme court, a state court of appeals, and trial courts with both general and limited jurisdiction. These courts serve different purposes, which are outlined in the sections below.
Click a link for information about that court type.
The image below depicts the flow of cases through Minnesota's state court system. Cases typically originate in the trial courts and can be appealed to courts higher up in the system.
In other states
Each state has a unique set of guidelines governing how they select judges at the state and local level. These methods of selection are:
Election
- Partisan election: Judges are elected by the people, and candidates are listed on the ballot alongside a label designating political party affiliation.
- Nonpartisan election: Judges are elected by the people, and candidates are listed on the ballot without a label designating party affiliation.
- Michigan method: State supreme court justices are selected through nonpartisan elections preceded by either partisan primaries or conventions.
- Retention election: A periodic process whereby voters are asked whether an incumbent judge should remain in office for another term. Judges are not selected for initial terms in office using this election method.
Assisted appointment
- Assisted appointment, also known as merit selection or the Missouri Plan: A nominating commission reviews the qualifications of judicial candidates and submits a list of names to the governor, who appoints a judge from the list.[6] At the state supreme court level, this method is further divided into the following three types:
- Bar-controlled commission: The state Bar Association is responsible for appointing a majority of the judicial nominating commission that sends the governor a list of nominees that they must choose from.
- Governor-controlled commission: The governor is responsible for appointing a majority of the judicial nominating commission that sends the governor a list of nominees they must choose from.
- Hybrid commission: The judicial nominating commission has no majority of members chosen by either the governor or the state bar association. These commissions determine membership in a variety of ways, but no institution or organization has a clear majority control.
Direct appointment
- Court appointment: Judges are selected by judges in the state judiciary.
- Gubernatorial appointment: Judges are appointed by the governor. In some cases, approval from the legislative body is required.
- Legislative election: Judges are selected by the state legislature.
- Municipal government selection: Judges are selected by the governing body of their municipality.
See also
External links
- Minnesota Judicial Branch
- Office of the Minnesota Secretary of State, "Elections & Voting Main Page"
- American Judicature Society, "Judicial Selection in the States: Minnesota"
Footnotes
- ↑ American Judicature Society, "Methods of Judicial Selection: Minnesota," archived October 2, 2014
- ↑ 2.00 2.01 2.02 2.03 2.04 2.05 2.06 2.07 2.08 2.09 2.10 2.11 2.12 2.13 National Center for State Courts, "Methods of Judicial Selection," accessed September 4, 2021
- ↑ 3.0 3.1 3.2 The Office of the Revisor of Statutes, "Constitution of the State of Minnesota," accessed August 8, 2016
- ↑ American Judicature Society, "History of Reform Efforts: Minnesota," archived October 2, 2014
- ↑ U.S. Courts, "FAQ: Federal Judges," accessed March 26, 2015
- ↑ American Bar Association, "Judicial Selection: The Process of Choosing Judges," accessed August 10, 2021
Federal courts:
Eighth Circuit Court of Appeals • U.S. District Court: District of Minnesota • U.S. Bankruptcy Court: District of Minnesota
State courts:
Minnesota Supreme Court • Minnesota Court of Appeals • Minnesota District Courts • Minnesota Problem-Solving Courts • Minnesota Tax Court • Minnesota Workers' Compensation Court of Appeals
State resources:
Courts in Minnesota • Minnesota judicial elections • Judicial selection in Minnesota
