Judicial selection in Ohio

Judicial selection in Ohio
Ohio Supreme Court
Method:	Partisan election
Term:	6 years
Ohio District Courts of Appeal
Method:	Partisan election
Term:	6 years
Ohio Courts of Common Pleas
Method:	Michigan method
Term:	6 years
Ohio County Courts
Method:	Michigan method
Term:	6 years
Ohio Municipal Courts
Method:	Michigan method
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 Ohio, including:

• Ohio Supreme Court,
• Ohio District Courts of Appeal,
• Ohio Courts of Common Pleas, and
• Limited jurisdiction courts

As of April 2023, judges on the Ohio Supreme Court and the Ohio District Courts of Appeals were selected through partisan primary and general elections. Previously, these judges were selected through partisan primaries and nonpartisan general elections, known as the Michigan method. Judges of the trial courts, county courts, and municipal courts were selected through partisan primaries and nonpartisan general elections.

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

Ohio Supreme Court

See also: Ohio Supreme Court

The seven justices of the Ohio Supreme Court are selected through partisan primaries and partisan general elections. Previously, these judges were selected through partisan primaries and nonpartisan general elections, known as the Michigan method.

All judges serve six-year terms, after which they are required to run for re-election if they wish to remain on the court.

Qualifications

To serve on the Ohio Supreme Court, a judge must:

• have at least six years in the practice of law;
• be licensed to practice law in the state for at least one year preceding appointment or commencement of the judge's term;
• a judge of a court of record in any jurisdiction in the U.S.; and
• be under the age of 70.

Chief justice

The chief justice of the Ohio Supreme Court is chosen by voters at large, serving a full six-year term in that capacity.

Vacancies

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 taking place 40 or more days after the vacancy occurred. If re-elected, the judge serves the remainder of his or her predecessor's unexpired term.

In 2007, Governor Ted Strickland (D) issued an executive order creating a judicial appointment recommendation panel to assist in making new appointments. The panel evaluates applicants and advises the governor, but the governor is not bound to the panel's recommendations. A similar system was established in 1972 under Governor Jack Gilligan (D), but it was abolished by Governor James A. Rhodes (R) three years later.

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

Ohio District Courts of Appeal

See also: Ohio District Courts of Appeal

The judges of the Ohio District Courts of Appeal are selected through partisan primaries and partisan general elections. Previously, these judges were selected through partisan primaries and nonpartisan general elections, known as the Michigan method. The number of judges on the court of appeals varies by district over time, based on district size and caseload. Each district has between four and 12 judges.

All judges serve six-year terms, after which they are required to run for re-election if they wish to remain on the court. District courts of appeal candidates are chosen in their respective appellate districts.

Qualifications

To serve on the Ohio District Courts of Appeals, a judge must:

• have at least six years in the practice of law;
• be licensed to practice law in the state for at least one year preceding appointment or commencement of the judge's term;
• a judge of a court of record in any jurisdiction in the U.S.; and
• be under the age of 70.

Presiding judge

The manner in which the presiding judge is chosen for each appellate district varies among the districts.

Vacancies

In the event of a midterm vacancy, the governor appoints a replacement. The appointee serves until the next general election taking place 40 or more days after the vacancy occurred. If re-elected, the judge serves the remainder of his or her predecessor's unexpired term.

In 2007, Governor Ted Strickland (D) issued an executive order creating a judicial appointment recommendation panel to assist in making new appointments. The panel evaluates applicants and advises the governor, but the governor is not bound to the panel's recommendations. A similar system was established in 1972 under Governor Jack Gilligan (D), but it was abolished by Governor James A. Rhodes (R) three years later.

Ohio Courts of Common Pleas

See also: Ohio Courts of Common Pleas

The judges of the Ohio Courts of Common Pleas are selected through partisan primaries and nonpartisan general elections.

All judges serve six-year terms, after which they are required to run for re-election if they wish to remain on the court. Courts of common pleas candidates are chosen by their respective counties.

Qualifications

To serve on the Ohio Court of Common Pleas, a judge must be:

• a resident of the county;
• at least six years in the practice of law; and
• under the age of 70.

Presiding judge

The manner in which the presiding judge is chosen for each common pleas court varies according to the size of the court.

Vacancies

In the event of a midterm vacancy, the governor appoints a replacement. The appointee serves until the next general election taking place 40 or more days after the vacancy occurred. If re-elected, the judge serves the remainder of his or her predecessor's unexpired term.

In 2007, Governor Ted Strickland (D) issued an executive order creating a judicial appointment recommendation panel to assist in making new appointments. The panel evaluates applicants and advises the governor, but the governor is not bound to the panel's recommendations. A similar system was established in 1972 under Governor Jack Gilligan (D), but it was abolished by Governor James A. Rhodes (R) three years later.

Limited jurisdiction courts

Ohio has four types of limited jurisdiction courts: Ohio County Courts, Ohio Municipal Courts, Ohio Court of Claims, and Ohio Mayor's Courts.

Ohio County Courts

See also: Ohio County Courts

The judges of the Ohio County Courts are each elected to six-year terms. The elections for this court are nonpartisan contested elections with partisan primaries. To serve on this court, a judge must be a qualified elector, a county resident, be licensed to practice law in the state for at least one year preceding appointment or commencement of the judge's term, and have practiced law for six years.

Ohio Municipal Courts

See also: Ohio Municipal Courts

The judges of the Ohio Municipal Courts are each elected to six-year terms. The elections for this court are nonpartisan contested elections with partisan primaries. To serve on this court, a judge must be a qualified elector, a resident of the municipality, be licensed to practice law in the state for at least one year preceding appointment or commencement of the judge's term, and have practiced law for six years.

Ohio Court of Claims

See also: Ohio Court of Claims

Judges of the Ohio Court of Claims are assigned to the court by the chief justice of the Ohio Supreme Court. Three-judge panels hear claims against the state for personal injury, property damage, contract and wrongful death, and compensation for crime victims.

Ohio Mayor's Courts

The judges of the Ohio Mayor's Courts serve terms of varying lengths depending on the municipality. The mayor either presides as judge or appoints a magistrate. The requirements to serve on this court are determined by the mayor.

History

Selection processes in Ohio have undergone significant changes since the inception of the judiciary. Below is a timeline noting the various stages, from the most recent to the earliest:

• 2021: Governor Mike DeWine (R) signed SB 80 into law that changed supreme court and court of appeals general elections from nonpartisan to partisan.
• 1968: The Modern Courts Amendment was passed, including a provision that retired judges upon their 70th birthdays. In 1989, the constitutionality of such provisions was challenged in federal court in Zielasko v. Ohio. The federal court upheld the provision.
• 1913: Terms of courts of appeal judges were set at six years.
• 1892: Terms of supreme court judges were set at six years.
• 1883: Terms of supreme court judges were set at "not less than five years."
• 1851: Circuit court judges were elected by popular vote to terms "not less than six years." Court of common pleas judges were elected by popular vote to six-year terms as well.
• 1850: Established that supreme court justices were to be elected by popular vote.
• 1802: Established that all judges were to be elected by both houses of the General Assembly to seven-year terms.

Courts in Ohio

In Ohio, there are two federal district courts, a state supreme court, twelve state courts 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.

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

The image below depicts the flow of cases through Ohio'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 Ohio's state court system.

Proposals to change selection methods

Senate Bill Number 80 (2021)

As of January 2022, judges on the Ohio Supreme Court and the Ohio District Courts of Appeals were selected through partisan primary and general elections. Formerly, candidates for these offices participated in partisan primary elections and nonpartisan general elections. The change was made when the Ohio General Assembly enacted Senate Bill 80.

Issue 1 (2011)

On November 8, 2011, Ohio voters defeated Issue 1 by a 62-38 margin. Issue 1 would have allowed judges to serve until the age of 75. Chief Justice Maureen O'Connor (R) supported Issue 1. During her first State of the Judiciary address on September 8, 2011, O'Connor encouraged judges to support the campaign for Issue 1. During the speech, she said she personally does not support any mandatory age of retirement for judges.

Commission-selection proposals (1938 and 1987)

In 1938 and 1987, citizens voted down proposals to switch to an assisted appointment method.

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.

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. 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.

Click a state on the map below to explore judicial selection processes in that state.

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http://ballotpedia.org/Judicial_selection_in_STATE

See also

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

• Search Google News for this topic
• Ohio Judicial System

Footnotes

Ohio courts

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Federal courts:

Sixth Circuit Court of Appeals • U.S. District Court: Northern District of Ohio, Southern District of Ohio • U.S. Bankruptcy Court: Northern District of Ohio, Southern District of Ohio

State courts:

Ohio Supreme Court • Ohio District Courts of Appeal • Ohio Courts of Common Pleas • Ohio County Courts • Ohio Municipal Courts • Ohio Court of Claims

State resources:

Courts in Ohio • Ohio judicial elections • Judicial selection in Ohio