2023 State Judicial Elections
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A total of 15 state appellate court seats were up for election in 2023. This includes:

• 2 supreme court seats
• 13 intermediate appellate court seats.

Ballotpedia provided coverage ofsupreme court andintermediate appellate court elections, as well aslocal trial court elections for judges within the100 largest cities in the United States as measured by population.

On this page, you will find:

• Information onthe different methods of selecting judges
• Information onthe different types of courts
• Alist of state intermediate appellate court elections in 2023
• Alist of state supreme court elections in 2023
• Information onincumbent win rates among state supreme court justices

Click here for information on state intermediate appellate court elections.Click here for information on local trial court elections.

Judicial selection methods

See also:Judicial selection in the states

Methods of judicial selection vary substantially across the United States.^[1] Though each state has a unique set of guidelines governing how they fill their state and local judiciaries, there arefive main methods. Two methods are primarily election-based; three methods are primarily appointment-based.

Election-based methods

• Partisan elections: Judges are elected by the people, and candidates are listed on the ballot alongside a label designating political party affiliation.
• Nonpartisan elections: Judges are elected by the people, and candidates are listed on the ballotwithout a label designating party affiliation.

Appointment-based methods

• Gubernatorial appointment: Judges are appointed by the governor. In some cases, approval from the legislative body is required.
• Assisted appointment, also known asmerit selection or theMissouri 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. After serving an initial term, judges typically run in a yes-noretention election to remain on the court.^[2] At the state supreme court level, this selection method is further divided into three types.Click here to learn more.
• Legislative elections: Judges are selected by the state legislature.

States may apply more than one of the five methods across different levels of courts. For example, a state may choose its appellate court judges byassisted appointment while choosing its trial court judges inpartisan elections. Some states may even select judges of thesame court level differently depending on the population of an area or local opinion.^[1][2] States may also modify any of the systems above in their own way. Theassisted appointment method, in particular, comes in a variety of forms. For instance, some statesrequire the governor to choose from the commission's list of nominees, while in other states the list is only a suggestion.^[1]

Types of courts

Depending on your state, judges from several different types of courts may appear on the ballot, each with different jurisdictions. There are four types of courts, listed here in ascending order of jurisdiction:

1. Limited jurisdiction courts
2. General jurisdiction courts
3. Intermediate appellate courts
4. Courts of last resort

Limited jurisdiction courts

Limited jurisdiction is a term used to describe courts with legal authority restricted to specific subjects, cases, or persons. Examples of limited jurisdiction courts include family courts, traffic courts, probate courts, and military courts.^[3] Forty-six states have limited jurisdiction courts.Washington, D.C., and four states (California,Illinois,Iowa, andMinnesota) do not have such courts.^[4] Rather, theirgeneral jurisdiction courts are assigned cases that might normally have been given to a limited jurisdiction court.

General jurisdiction courts

General jurisdiction is a term used to describe courts that do not have limits on the type of cases they can hear. Cases typically originate in general jurisdiction courts, and their decisions can be appealed tointermediate appellate courts. All 50 states andWashington, D.C., have general jurisdiction courts. General jurisdiction courts are sometimes referred to as trial courts or district courts.

Intermediate appellate courts

See also:State intermediate appellate court elections, 2023

Intermediate appellate courts, as their name suggests, serve as an intermediate step between the trial courts and the courts of last resort in a state. Their jurisdiction varies from state to state.

Forty-two states have at least one intermediate appellate court. Some states have more than one of these types of courts. For example, Alabama has one intermediate appellate court forcivil matters and another forcriminal matters. Pennsylvania'ssuperior court andcommonwealth court are both appellate courts but have different jurisdictions. Other states, such asIllinois andCalifornia, have multiple divisions of intermediate appellate courts with varying degrees of independence from each other. Intermediate appellate courts are sometimes called courts of appeal.

Courts of last resort

See also:State supreme court elections, 2023

A statecourt of last resort is the highest judicial body within a jurisdiction's court system. It is a court with the highest appellate authority, meaning that its rulings are not subject to review by any other court in the state. A court of last resort is often, but not always, referred to as asupreme court.^[5]

All 50 states andWashington, D.C., have at least one court of last resort. Oklahoma and Texas both have two courts of last resort, one for civil appeals and one for criminal appeals.

State supreme court offices up for election in 2023

See also:State supreme court elections, 2023

In 2023, there were two state supreme court seats on the ballot. The table below highlights the partisan balance of those courts before and after the election.

The map below highlights states that held supreme court elections in 2023 by the party of the winning candidate.

State intermediate court offices up for election in 2023

See also:State intermediate appellate court elections, 2023

The following states held elections for intermediate appellate court seats in 2023.

Hover over or click a state on the map below to see the number of seats up and the selection method used in that state.

State supreme court incumbent win rates

Incumbent win rates by year

Incumbents tend to do better in elections for any office than newcomers facing incumbents. This is no less true in state supreme court elections. Across all types of state supreme court elections,incumbent justices running for re-election won94% of the time from 2008-2023. No more than six incumbent justices lost in a single year during this time frame. 2008 was the year withthe lowest incumbent win rate at 89%.

Incumbent win rates in partisan elections

Inpartisan elections, incumbents running for re-election won 89% of the time from 2008-2023. 2018 saw incumbents losefour seats, the greatest number of seats lost by incumbents during this timeframe.

Incumbent win rates in nonpartisan elections

Innonpartisan elections, incumbents running for re-election won 94% of the time from 2008-2023. 2008 and 2010 both saw six incumbents lose in nonpartisan elections.Ohio andMichigan had partisan primaries but nonpartisan general elections and so are counted here as holding nonpartisan elections.

Incumbent win rates by state

Among the38 states that conduct elections for supreme court justices,13 have seen incumbents lose elections from 2008-2023. These were Alabama, Illinois, Iowa, Kentucky, Michigan, Mississippi, New Mexico, North Carolina, Ohio, Texas, Washington, West Virginia, and Wisconsin. In the other25 states, incumbent supreme court justices won re-election 100% of the time from 2008-2023.

Incumbent win rates in partisan elections

Inpartisan elections, incumbents running for re-election won 89% of the time from 2008-2022. 2018 saw incumbents losefour seats, the greatest number of seats lost by incumbents during this timeframe.

Incumbent win rates in nonpartisan elections

Innonpartisan elections, incumbents running for re-election won 94% of the time from 2008-2022. 2008 and 2010 both saw six incumbents lose in nonpartisan elections.Ohio andMichigan had partisan primaries but nonpartisan general elections and so are counted here as holding nonpartisan elections.

Incumbent win rates by state

Among the38 states that conduct elections for supreme court justices,13 have seen incumbents lose elections from 2008-2022. These were Alabama, Illinois, Iowa, Kentucky, Michigan, Mississippi, New Mexico, North Carolina, Ohio, Texas, Washington, West Virginia, and Wisconsin. In the other25 states, incumbent supreme court justices won re-election 100% of the time from 2008-2022.

Historical election data

There were 1,291 state judicial elections held from 2016 to 2022.

Courts of last resort

Retention

From 2016 to 2022, retention elections took place for 124 judicial seats on courts of last resort. All but one of those judges were retained.

Non-retention

There were 190 non-retention elections held from 2016 to 2022, with 125 races contested (65.8%). Incumbents ran for re-election 74.7% of the time. Of the incumbents who ran for re-election, 88.7% won re-election.

The table below is organized by year and includes the total number of seats up for election, the number of contested seats, the number and percentage of incumbents who sought re-election, the number and percentage of incumbents who faced opposition, and the number and percentage of incumbents who won another term.

Intermediate appellate courts

Retention

From 2016 to 2022, retention elections took place for 429 judicial seats on intermediate appellate courts. All were retained.

Non-retention

There were 548 non-retention elections from 2016 to 2022, with 233 races contested (42.5%). Incumbents ran for re-election 76.6% of the time. Of the incumbents who ran for re-election, 85.7% won re-election.

The table below is organized by year and includes the total number of seats up for election, the number of contested seats, the number and percentage of incumbents who sought re-election, the number and percentage of incumbents who faced opposition, and the number and percentage of incumbents who won another term.

See also

• Judicial elections on Ballotpedia

• 

  State supreme court elections, 2020

• 

  State intermediate appellate court elections, 2020

• 

  Local trial court judicial elections, 2020

External links

• Search Google News for this topic

Footnotes

v • e 2023 State Judicial Elections State supreme court elections by state Pennsylvania •Wisconsin Intermediate appellate court elections by state Louisiana •Pennsylvania •Washington •Wisconsin

v • e Judicial elections by state Alabama •Alaska •Arizona •Arkansas •California •Colorado •Connecticut •Delaware •Florida •Georgia •Hawaii •Idaho •Illinois •Indiana •Iowa •Kansas •Kentucky •Louisiana •Maine •Maryland •Massachusetts •Michigan •Minnesota •Mississippi •Missouri •Montana •Nebraska •Nevada •New Hampshire •New Jersey •New Mexico •New York •North Carolina •North Dakota •Ohio •Oklahoma •Oregon •Pennsylvania •Rhode Island •South Carolina •South Dakota •Tennessee •Texas •Utah •Vermont •Virginia •Washington •West Virginia •Wisconsin •Wyoming