California judges are both elected and appointed, and which path applies depends on the court. Superior Court judges run in nonpartisan county elections for six-year terms, while justices on the Courts of Appeal and the California Supreme Court are appointed by the Governor, confirmed by a special commission, and later face yes-or-no retention votes. In practice, the Governor appoints the large majority of judges at every level, because most seats open mid-term and most trial court incumbents run unopposed.
Superior Court Judges Are Elected
Trial court judges serve six-year terms and are chosen by voters in the county where the court sits. The races are nonpartisan, with no party label on the ballot, and they take place in even-numbered years.1Judicial Branch of California. Judicial Selection: How California Chooses Its Judges and Justices
A candidate who takes a majority of the ballots cast for the office at the primary wins outright, and the seat drops off the November ballot.2California Legislative Information. California Elections Code ELEC 8140 If no one clears a majority, the top two finishers advance to a runoff in the general election. And if an incumbent judge draws no challenger, the seat never appears on the ballot at all; the incumbent simply keeps it.1Judicial Branch of California. Judicial Selection: How California Chooses Its Judges and Justices
That last rule matters. Most Superior Court judges first reach the bench through a gubernatorial appointment to a mid-term vacancy, then run unopposed when their term expires. Elections sit on top of the system as a check, but appointment is how most judges actually get there.
Appellate and Supreme Court Justices Are Appointed
Justices on the Courts of Appeal and the California Supreme Court do not run in competitive elections. The Governor picks a nominee, who then clears a two-stage vetting process before taking the bench.3California Courts. How Appellate Court Justices Are Selected
The State Bar’s Commission on Judicial Nominees Evaluation reviews the nominee first. The commission, made up of lawyers and public members, investigates the candidate’s background, legal ability, integrity, and temperament, then sends a written evaluation to the Governor.3California Courts. How Appellate Court Justices Are Selected The Governor picks first; the commission evaluates afterward.
The nomination then moves to the Commission on Judicial Appointments for a public confirmation hearing. This three-member body decides whether the nominee is qualified to serve. For a Court of Appeal seat, the commission is the Chief Justice of California, the Attorney General, and the most senior presiding justice of the Court of Appeal district with the vacancy. For a Supreme Court seat, the third member is the most senior presiding justice among all Court of Appeal presiding justices statewide.4California Courts. Commission on Judicial Appointments The appointment takes effect only after the commission confirms it.
Retention Votes, Not Reelection
Once seated, an appellate or Supreme Court justice does appear on the ballot, but not against an opponent. At the next gubernatorial general election, voters answer a single question: should this justice be retained? A majority of yes votes keeps the justice in office.5Justia. California Constitution Article VI – Section 16
Retained justices serve 12-year terms and face the same yes-or-no question each time a term expires. A justice elected to finish someone else’s unexpired term serves only the remainder of that term, not a fresh 12 years.5Justia. California Constitution Article VI – Section 16
Why Appointment Dominates in Practice
When any judge or justice leaves the bench before a term ends, whether through retirement, resignation, death, or removal, the Governor fills the seat by appointment. The mechanics differ by court.
At the Superior Court level, the Governor’s appointee serves until a successor is elected at the next general election falling after the second January 1 following the vacancy.5Justia. California Constitution Article VI – Section 16 That gives the new judge at least a year on the bench before voters have any say. When the election arrives, the seat goes up for a full six-year term under the normal nonpartisan rules, and if nobody challenges the appointee, the name never appears on the ballot.
At the appellate and Supreme Court levels, a Governor’s appointee goes through the same Commission on Judicial Nominees Evaluation review and Commission on Judicial Appointments confirmation as any other nominee.4California Courts. Commission on Judicial Appointments Once confirmed, the new justice serves until the Monday after January 1 following the first gubernatorial general election at which they are eligible to appear on the retention ballot. If retained, they serve either the remainder of the unexpired term or a full 12-year term, depending on timing.5Justia. California Constitution Article VI – Section 16
Put the two pieces together and the pattern is clear. Vacancies open constantly between scheduled elections. The Governor fills them. Trial court appointees usually run unopposed when their first election comes around. Appellate appointees face only a yes-or-no retention vote, which almost always goes yes. The ballot is real, but the appointment is where the selection actually happens.
Who Qualifies for the Bench
The California Constitution sets one eligibility rule for every judge and justice at every court level: for the 10 years immediately before selection, the person must have been a member of the State Bar of California or served as a judge of a court of record in the state.6Justia. California Constitution Article VI – Section 15 There is no higher constitutional bar for an appellate seat than for a Superior Court seat.
For appellate positions, the Governor’s screening process raises the practical bar well above that minimum. The Commission on Judicial Nominees Evaluation looks at legal ability, integrity, work ethic, and temperament before any appointment moves forward.3California Courts. How Appellate Court Justices Are Selected