Judicial selection in Virginia

Judicial selection in Virginia
Virginia Supreme Court
Method:	Legislative election
Term:	12 years
Virginia Court of Appeals
Method:	Legislative election
Term:	8 years
Virginia Circuit Courts
Method:	Legislative election
Term:	8 years
Virginia District Courts
Method:	Legislative election
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 Virginia, including:

• Virginia Supreme Court,
• Virginia Court of Appeals,
• Virginia Circuit Courts, and
• Limited jurisdiction courts

As of April 2023, the selection of state court judges in Virginia occurred almost exclusively through legislative elections. Virginia and South Carolina were the only states to use this method.^[1][2][3][4]

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

Virginia Supreme Court

See also: Virginia Supreme Court

The seven justices of the supreme court are elected by a majority vote of both chambers of the Virginia General Assembly.^[5] Supreme court justices serve 12-year terms. At the end of their terms, judges must be re-selected by the legislature just as they initially were.^[5]

Qualifications

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

• a state resident; and
• a state bar member for at least five years.^[2]

Chief justice

The chief justice of the court is selected by peer vote. The supreme court chief justice serves in that capacity for four years.^[6]

Vacancies

See also: How vacancies are filled in state supreme courts

When the General Assembly is in session, midterm vacancies are filled by the same legislative selection process normally used to select judges. When the assembly is not in session, the governor appoints a replacement to serve until 30 days after the start of the next session, by which point a judge must be elected to the seat.^[5][7]

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

Virginia Court of Appeals

See also: Virginia Court of Appeals

The 17 judges of the court of appeals are elected by a majority vote of both chambers of the Virginia General Assembly.^[5] Appeals court justices serve for eight years. At the end of their terms, judges must be re-selected by the legislature just as they initially were.^[8]

Qualifications

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

• a state resident; and
• a state bar member for at least five years.^[9]

Chief judge

The chief judge of the court is selected by peer vote. The appeals court chief justice serves in that capacity for four years.^[10]

Vacancies

When the General Assembly is in session, midterm vacancies are filled by the same legislative selection process normally used to select judges. When the assembly is not in session, the governor appoints a replacement to serve until 30 days after the start of the next session, by which point a judge must be elected to the seat.^[5][11]

Virginia Circuit Courts

See also: Virginia Circuit Courts

The judges of the Virginia Circuit Courts are elected by a majority vote of both chambers of the Virginia General Assembly.^[5] Circuit court judges serve for eight years. At the end of their terms, judges must be re-selected by the legislature just as they initially were.^[12]

Qualifications

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

• a state and circuit resident; and
• a state bar member for at least five years.^[13]

Chief judge

The chief judge of each circuit court is selected by peer vote. The chief judge serves in that capacity for two years.^[14]

Vacancies

When the General Assembly is in session, midterm vacancies are filled by the same legislative selection process normally used to select judges. When the assembly is not in session, the governor appoints a replacement to serve until 30 days after the start of the next session, by which point a judge must be elected to the seat.^[5][15]

Limited jurisdiction courts

Virginia has two types of limited jurisdiction court(s): Virginia District Courts and Virginia Magistrates.

Virginia District Courts

Virginia's district court judges, which are judges of limited jurisdiction, are also chosen through legislative selection.^[2] They serve terms of six years.^[16]

Virginia Magistrates

The executive secretary of the supreme court in consultation with the chief circuit court judges appoint magistrate judges to four-year terms. At the end of this term, magistrates can be reappointed.^[17][18]

History

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

• 2015: Raised the judicial retirement age from 70 to 73.
• 2002: Established that the chief justice of the Virginia Supreme Court was to be elected by peer vote to a four-year term.
• 1983: The Virginia Court of Appeals was created.
• 1870: Established that judges were to be selected by the Virginia General Assembly and no longer nominated by the governor.
• 1864: Established that judges were to be selected by the Virginia General Assembly "from persons nominated by the governor."
• 1850: Established that judges were to be selected by popular vote. Term lengths of supreme court and circuit court judges were changed to twelve and eight years, respectively.
• 1776: Established that judges were to be selected and serve for life by the Virginia General Assembly.^[3]

Courts in Virginia

In Virginia, there are two federal district courts, a state supreme court, a state court of appeals, and trial courts of 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 Virginia'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.^[19]

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.^[20] 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.

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

• Virginia's Judicial System
• Virginia General Assembly
• Virginia Office of the Attorney General, "Introduction to Virginia's Judicial System"

Footnotes

	v • e State of Virginia Richmond (capital)
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