Judicial selection in Washington, D.C.
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 local court judges are selected in Washington, D.C., including:
As of April 2023, judges for both of the courts in Washington, D.C. were selected through assisted appointment, where the President selects an appointee from a list provided by a nominating commission. The appointee must then be approved by the U.S. Senate.
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District of Columbia Court of Appeals
- See also: District of Columbia Court of Appeals
The nine judges on the District of Columbia Court of Appeals are selected through the assisted appointment method. The District of Columbia Judicial Nomination Commission (JNC) releases a notice of judicial vacancy, and interested individuals submit application materials to the commission. The JNC is composed of seven members, each serving six-year terms, except the member appointed by the President who serves a five-year term. The commission evaluates applicants and may choose to conduct interviews or solicit feedback from the public.[1] Three individuals are recommended to the President of the United States by the commission for each vacancy. The President names an appointee from that list who then, like federal judges, must be confirmed by the U.S. Senate.[1]
Judges serve for 15 years after their appointment. Eligibility for reappointment is determined by the District of Columbia Commission on Judicial Disabilities and Tenure. The commission solicits feedback on and evaluates judges interested in another term. If a judge is found to be "well qualified," he or she is automatically reappointed. "Qualified" judges may be reappointed and go through the same process as a first-time nominee. If the President chooses to not reappoint a judge, or if the commission determines that a judge is "unqualified," the District of Columbia Judicial Nomination Commission starts a new search.[2]
Qualifications
To serve on the court of appeals, a judge must be:
- a U.S. citizen;
- a D.C. area resident for at least five years prior to his or her appointment;
- an active member of the D.C. bar for at least 5 years;
- a professor at a D.C. law school or an attorney employed by the U.S. or D.C. government; and
- under the age of 74 (retirement at 74 is mandatory).[2][3]
Selection of the chief judge
The chief judge of the court is designated by the judicial nominating commission. He or she serves in that capacity for four years.[2]
Vacancies
When a vacancy occurs, the President of the United States appoints a successor from a list of names provided by a nominating commission. The appointment requires confirmation by the U.S. Senate. The map below highlights how vacancies are filled in state supreme courts across the country.
District of Columbia Superior Court
Judges on the Superior Court of the District of Columbia are selected through the assisted appointment method. The District of Columbia Judicial Nomination Commission (JNC) releases a notice of judicial vacancy, and interested individuals submit application materials to the commission. The JNC is composed of seven members, each serving six-year terms, except the member appointed by the President who serves a five-year term.[4] The commission evaluates applicants and may choose to conduct interviews or solicit feedback from the public.[1] Three individuals are recommended to the President of the United States by the commission for each vacancy. The President names an appointee from that list who then, like federal judges, must be confirmed by the U.S. Senate.[1]
Judges serve for 15 years after their appointment. Eligibility for reappointment is determined by the District of Columbia Commission on Judicial Disabilities and Tenure. The commission solicits feedback on and evaluates judges interested in another term. If a judge is found to be "well qualified," he or she is automatically reappointed. "Qualified" judges may be reappointed and go through the same process as a first-time nominee. If the President chooses to not reappoint a judge, or if the commission determines that a judge is "unqualified," the District of Columbia Judicial Nomination Commission starts a new search.[2]
Qualifications
To serve on the superior court, a judge must be:
- a U.S. citizen;
- a D.C. area resident for at least five years prior to his or her appointment;
- an active member of the D.C. bar for at least 5 years;
- a professor at a D.C. law school or an attorney employed by the U.S. or D.C. government; and
- under the age of 74 (retirement at 74 is mandatory).[2][5]
Selection of the chief judge
The chief judge of the court is designated by the judicial nominating commission. He or she serves in that capacity for four years.
Vacancies
When a vacancy occurs, the President of the United States appoints a successor from a list of names provided by a nominating commission. The appointment requires confirmation by the U.S. Senate.
History
The District of Columbia established local courts in the late twentieth century. Before 1970, local governance was the responsibility of federal courts. Below is a timeline of various changes that have happened since then:
- 1986: Sitting judges intending to seek reappointment were required to notify the Judicial Disabilities and Tenure Commission within six months, rather than three months, of the end of their term. Also, the commission was required to submit judicial evaluations to the President within 60 days rather than 30 days of the occurrence of a vacancy.
- 1984: The mandatory retirement age of judges was raised from 70 to 74.
- 1977: The Judicial Nomination Commission was created to recommend candidates for judicial appointment to the President.
- 1973: The Judicial Disabilities and Tenure Commission began evaluating judges who sought reappointment.
- 1970: Congress passed the District of Columbia Court Reform and Criminal Procedure Act of 1970. While the federal courts in D.C. used to exercise both federal and local jurisdiction, the act established a superior court and a court of appeals to assume responsibility for local jurisdiction. Judges of both these courts were appointed to fifteen-year terms by the President with Senate confirmation. The Judicial Disabilities and Tenure Commission was also created.[6]
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.[7]
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.[8] 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
- Official website of District of Columbia Courts
- Official website of the District of Columbia Judicial Nomination Commission
Footnotes
- ↑ 1.0 1.1 1.2 1.3 The District of Columbia, "Judicial Nomination Commission: Frequently Asked Questions," accessed September 15, 2021
- ↑ 2.0 2.1 2.2 2.3 2.4 American Judicature Society, "Judicial selection in Washington, D.C.," archived October 2, 2014
- ↑ Judges must retire from active service at 74. They may apply for appointment as a senior judge after age 74.
- ↑ American Judicature Society, "Methods of Judicial Selection: District of Columbia; Judicial Nominating Commissions," archived October 2, 2014
- ↑ Judges must retire from active service at 74. They may apply for appointment as a senior judge after age 74.
- ↑ American Judicature Society, "History of Reform Efforts: District of Columbia; Formal Changes Since Inception," archived March 8, 2012
- ↑ U.S. Courts, "FAQ: Federal Judges," accessed March 26, 2015
- ↑ American Bar Association, "Judicial Selection: The Process of Choosing Judges," accessed August 10, 2021
