Judicial selection in Connecticut
Judicial selection in Connecticut | |
Connecticut Supreme Court | |
Method: | Assisted appointment |
Term: | 8 years |
Connecticut Appellate Court | |
Method: | Assisted appointment |
Term: | 8 years |
Connecticut Superior Court | |
Method: | Assisted appointment |
Term: | 8 years |
Connecticut Probate Courts | |
Method: | Partisan 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 Connecticut, including:
- The Connecticut Supreme Court,
- The Connecticut Appellate Court,
- The Connecticut Superior Court, and
- limited jurisdiction courts.
As of March 2023, judges for all courts in the state except the Connecticut Probate Courts were selected through the assisted appointment method, where the governor selects a nominee from a list provided by a nominating commission. Judges of the Connecticut Probate Courts were selected through partisan elections.
Click here to notify us of changes to judicial selection methods in this state.
Connecticut Supreme Court
- See also: Connecticut Supreme Court
The seven justices on the Connecticut Supreme Court are selected through the assisted appointment method. The Connecticut Judicial Selection Commission is responsible for screening candidates and submitting a shortlist to the governor. The commission is made up of 12 members: six appointed by the governor and six appointed by leaders in the state legislature. The governor must appoint a justice from the commission's shortlist and the appointee must then be confirmed by a majority vote of the Connecticut General Assembly.[1][2]
Justices serve for eight years after their appointment. To continue to serve on the court, they must be renominated by the governor and reapproved by the General Assembly.[2]
Qualifications
To serve on this court, a judge must be:
- a state resident;
- licensed to practice law in the state; and
- under the age of 70 (retirement at 70 is mandatory).[3]
Chief justice
The chief justice is appointed by the governor and confirmed by a majority vote of the Connecticut General Assembly. In the event of a vacancy, however, the governor may nominate an associate justice to serve as chief without involving the judicial nominating commission. Chief justices appointed this way will serve out the remainder of their predecessor's term rather than a full eight years, which is the typical term length of the chief justice.[1]
Vacancies
If a midterm vacancy occurs on the court, the seat is filled as it normally would be if the vacancy occurred at the end of a judge's term. A judicial nominating commission recommends qualified candidates to the governor and the governor selects a successor from that list with legislative approval. The new appointee serves an eight-year term.[4]
The map below highlights how vacancies are filled in state supreme courts across the country.
Connecticut Appellate Court
- See also: Connecticut Appellate Court
The nine judges on the Connecticut Appellate Court are selected through the assisted appointment method. The Connecticut Judicial Selection Commission is responsible for screening candidates and submitting a shortlist to the governor. The commission is made up of 12 members: six appointed by the governor and six appointed by leaders in the state legislature. The governor must appoint a judge from the commission's shortlist and the appointee must then be confirmed by the Connecticut General Assembly.[1][5][6]
Judges serve for eight years after their appointment. To continue to serve on the court, they must be renominated by the governor and reapproved by the General Assembly.[5]
Qualifications
To serve on this court, a judge must be:
- a state resident;
- licensed to practice law in the state; and
- under the age of 70 (retirement at 70 is mandatory).[7]
Chief judge
The chief judge of the appellate court is selected by the chief justice of the supreme court. The appellate chief serves in that capacity until he or she steps down from office.[8][9]
Vacancies
If a midterm vacancy occurs on the court, the seat is filled as it normally would be if the vacancy occurred at the end of a judge's term. A judicial nominating commission recommends qualified candidates to the governor and the governor selects a successor from that list with legislative approval. The new appointee serves an eight-year term.[10]
Connecticut Superior Court
- See also: Connecticut Superior Court
The judges of the Connecticut Superior Court are selected through the assisted appointment method. The Connecticut Judicial Selection Commission is responsible for screening candidates and submitting a shortlist to the governor. The commission is made up of 12 members: six appointed by the governor and six appointed by leaders in the state legislature. The governor must appoint a judge from the commission's shortlist and the appointee must then be confirmed by the Connecticut General Assembly.[1][5]
Judges serve for eight years after their appointment. To continue to serve on the court, they must be renominated by the governor and reapproved by the General Assembly.[5]
Qualifications
To serve on this court, a judge must be:
- a state resident;
- licensed to practice law in the state; and
- under the age of 70 (retirement at 70 is mandatory).[11]
Vacancies
If a midterm vacancy occurs on the court, the seat is filled as it normally would be if the vacancy occurred at the end of a judge's term. A judicial nominating commission recommends qualified candidates to the governor and the governor selects a successor from that list with legislative approval. The new appointee serves an eight-year term.[10]
Limited jurisdiction courts
Connecticut has one type of limited jurisdiction court: Connecticut Probate Courts.
Connecticut Probate Courts
Judges of the Connecticut Probate Courts are chosen in partisan elections. They serve four-year terms that begin on the Wednesday after the first Monday in January following their election. At the end of their terms, judges must compete in a contested re-election if they wish to retain their seats.[9][12] For more information on these elections, visit the Connecticut judicial elections page.
History
Below is a timeline noting changes to judicial selection methods in Connecticut, from the most recent to the earliest.[13]
- 1986: The Judicial Selection Commission was created by constitutional amendment.
- 1982: The Connecticut Appellate Court was created by constitutional amendment.
- 1965: A new constitution was drafted by the constitutional convention, dictating that supreme court and superior court judges are to be nominated by the governor and appointed by the General Assembly to eight-year terms.
- 1880: Established that all judges are to be nominated by the governor and appointed by the General Assembly to eight-year terms.
- 1876: The term length of district court judges was changed from one year to four years.
- 1856: The tenure of superior court judges was changed from "good behavior" to terms of eight years.
- 1818: Established that all judges are to be appointed by the General Assembly. Supreme court and superior court judges are to be appointed for life, while all other judges are appointed annually.
- 1784: Established that all judges are to be elected by the General Assembly, with tenure depending on the discretion of each General Assembly.
Courts in Connecticut
In Connecticut, there is one federal district court, a state supreme court, a state court of appeals, and trial courts with both general and limited jurisdiction.
Click a link for information about that court type.
The image below depicts the flow of cases through Connecticut's state court system. Cases typically originate in the trial courts and can be appealed to courts higher up in the system.
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.[14]
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.[15] 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
Footnotes
- ↑ 1.0 1.1 1.2 1.3 Connecticut General Assembly, "Sec. 51-44a. Judicial Selection Commission. Members. Duties. Nomination of judges by Governor.," accessed March 28, 2023
- ↑ 2.0 2.1 Connecticut General Assembly, "Article Fifth. of the Judicial Department - Sec. 2.," accessed March 28, 2023
- ↑ State of Connecticut Judicial Branch, "Frequently Asked Media Questions," accessed March 28, 2023
- ↑ Brennan Center for Justice, "Judicial Selection: An Interactive Map," accessed March 23, 2023
- ↑ 5.0 5.1 5.2 5.3 Connecticut General Assembly, "Article Fifth. of the Judicial Department - Sec. 2.," accessed March 28, 2023
- ↑ Connecticut General Assembly, "Sec. 51-197c. Appellate Court; judges, appointment, terms, Chief Judge.," accessed March 28, 2023
- ↑ State of Connecticut Judicial Branch, "Frequently Asked Media Questions," accessed March 28, 2023
- ↑ The Courant, "Appellate Court Has New Chief Judge," March 30, 2010
- ↑ 9.0 9.1 State of Connecticut Judicial Branch, "About Connecticut Courts," accessed March 28, 2023
- ↑ 10.0 10.1 Brennan Center for Justice, "Judicial Selection: An Interactive Map," accessed March 23, 2023
- ↑ State of Connecticut Judicial Branch, "Frequently Asked Media Questions," accessed March 28, 2023
- ↑ Connecticut General Assembly, "Article Fifth. of the Judicial Department - Sec. 4.," accessed March 28, 2023
- ↑ American Judicature Society, "History of Reform Efforts: Connecticut," accessed September 10, 2021
- ↑ 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:
Second Circuit Court of Appeals • U.S. District Court: District of Connecticut • U.S. Bankruptcy Court: District of Connecticut
State courts:
Connecticut Supreme Court • Connecticut Appellate Court • Connecticut Superior Court • Connecticut Probate Courts
State resources:
Courts in Connecticut • Connecticut judicial elections • Judicial selection in Connecticut