Judicial selection in Washington

Judicial selection in Washington
Washington Supreme Court
Method:	Nonpartisan election
Term:	6 years
Washington Court of Appeals
Method:	Nonpartisan election
Term:	6 years
Washington Superior Court
Method:	Nonpartisan election
Term:	4 years
Washington District Courts
Method:	Nonpartisan election
Term:	4 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 Washington, including:

• Washington Supreme Court,
• Washington Court of Appeals,
• Washington Superior Court, and
• Limited jurisdiction courts

As of April 2023, judges for all courts in the state were selected through nonpartisan elections.^[1] Under the Washington Constitution, judges' terms begin on the second Monday in January following their election.^[2]

Click here to notify us of changes to judicial selection methods in this state.

Washington Supreme Court[edit]

See also: Washington Supreme Court

The nine justices of the supreme court are selected through contested nonpartisan elections and must run for re-election when their terms expire. Supreme court judges serve for six years.^[3]

Qualifications[edit]

To serve on the supreme court, a judge must be:

• admitted to practice law in Washington; and
• under the age of 75.^[4]

Chief justice[edit]

The chief justice of the supreme court is selected through a peer vote and has a set term of four years.^[5]

Vacancies[edit]

See also: How vacancies are filled in state supreme courts

In the event of a midterm vacancy, the governor appoints a replacement. The appointee serves until the next general election, at which point he or she may run to serve for the remainder of the predecessor's term.^[2][6] If the resignation and subsequent appointment takes place after the filing period opens for that year's elections, the appointee must stand in the next year's election to remain on the bench.^[7]

The map below highlights how vacancies are filled in state supreme courts across the country.

Washington Court of Appeals[edit]

See also: Washington Court of Appeals

The 22 judges of the Washington Court of Appeals are selected through contested nonpartisan elections and must run for re-election when their terms expire. Appeals court judges serve for six years.^[8]

Qualifications[edit]

To serve on the court of appeals, a judge must be:

• a resident of his or her district for at least one year;
• admitted to practice law in the Washington courts for at least five years.^[1]

Presiding chief judge[edit]

The presiding chief judge for all three divisions is chosen through a peer vote and has a set term of one year.^[1]

Vacancies[edit]

See also: Gubernatorial appointment of judges

In the event of a midterm vacancy, the governor appoints a replacement. The appointee serves until the next general election, at which point he or she may run to serve for the remainder of the predecessor's term.^[2] If the resignation and subsequent appointment takes place after the filing period opens for that year's elections, the appointee must stand in the next year's election to remain on the bench.

Washington Superior Courts[edit]

See also: Washington Superior Courts

Judges on the Washington Superior Courts are selected through contested nonpartisan elections and must run for re-election when their terms expire. Superior court judges serve for four years.^[9]

Qualifications[edit]

To serve on a superior court, a judge must be:

• admitted to practice law in Washington; and
• under the age of 75.^[1]

Presiding judge[edit]

The presiding judge for each court is chosen through a peer vote and has a set term of not less than two years.

Vacancies[edit]

See also: Gubernatorial appointment of judges

In the event of a midterm vacancy, the governor appoints a replacement. The appointee serves until the next general election, at which point he or she may run to serve for the remainder of the predecessor's term.^[2][6] If the resignation and subsequent appointment takes place after the filing period opens for that year's elections, the appointee must stand in the next year's election to remain on the bench.^[1]

Limited jurisdiction courts[edit]

Washington has two types of limited jurisdiction court(s): district courts and municipal courts.

Washington District Courts[edit]

Judges of the district courts are chosen in nonpartisan elections. They serve four-year terms, after which they must run for re-election if they wish to remain on the court.^[10]

Washington Municipal Courts[edit]

Judges of the municipal courts are chosen either in nonpartisan elections or by appointment. They serve four-year terms.^[10] For more information on these elections, visit the Washington judicial elections page.

History[edit]

Below is a timeline noting changes to judicial selection methods in Washington.

• 2006: The Washington Legislature reformed campaign finance guidelines, subjecting appellate court candidates to the same contribution limits that apply to other statewide offices. The legislature further established that superior court candidates were not subject to the contribution limits that applied to state legislative candidates.
• 1995: Established that the chief justice of the supreme court, previously chosen through a complex rotation system, was to be selected by peer vote. The chief's term was increased to four years.
• 1969: The Washington Court of Appeals was created with its judges elected to six-year terms.
• 1907: The party convention system used for nominating judges to the ballot was abolished, and a nonpartisan elective system was established.
• 1889: Under Washington's original constitution, supreme court judges were elected by popular vote to six-year terms, and superior court judges were elected by popular vote to four-year terms.^[11]

Courts in Washington[edit]

In Washington, there are two federal district courts, a state supreme court, a state court of appeals, and trial courts. These courts serve different purposes, which are outlined in the sections below.

Click a link for information about that court type.

• Federal courts
• State supreme court
• State court of appeals
• Trial courts

The image below depicts the flow of cases through Washington's state court system. Cases typically originate in the trial courts and can be appealed to courts higher up in the system.

The structure of Washington's state court system.

Selection of federal judges[edit]

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.^[12]

In other states[edit]

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.^[13] 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[edit]

State courts	Appointment methods	Election methods
State supreme courts Intermediate appellate courts Trial courts	Assisted appointment Court appointment Gubernatorial appointment Legislative election Municipal government selection	Partisan election Nonpartisan election Michigan method

External links[edit]

• Official website of the Washington Courts
• Washington Courts, "A Citizen's Guide," 2008
• Washington Secretary of State, "Elections & Voting"

Footnotes[edit]

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