Superior Court judges in California are selected in two ways that work together: the Governor appoints someone to fill a vacancy, and that judge (like every Superior Court judge) must then win a nonpartisan county election to hold the seat for a full six-year term.1Justia. California Constitution Article VI Section 16 – Judicial In practice, most judges first reach the bench by appointment and then run as incumbents, so the Governor’s choice is usually the decisive step.
Appointment by the Governor
When a seat opens because a judge retires, resigns, or dies, or because the Legislature creates a new judgeship, the Governor names a replacement. The appointee serves until the next eligible general election, when voters choose a judge for the full term.1Justia. California Constitution Article VI Section 16 – Judicial
Anyone seeking appointment applies directly to the Governor’s office. The application asks for professional history, personal background, and other disclosures relevant to judicial fitness.2Governor of California. Instructions for Completing Judicial Appointment Applications
The JNE Commission Evaluation
Before the Governor can finalize an appointment, state law requires that every candidate’s name go to the State Bar’s Commission on Judicial Nominees Evaluation, known as the JNE Commission. Within 90 days, the JNE returns a confidential rating: exceptionally well qualified, well qualified, qualified, or not qualified.3California Legislative Information. California Government Code 12011.5 – Judicial Candidate Evaluation and Appointment
The rating is advisory, not binding. The Governor can appoint a candidate the JNE rated “not qualified.” If that happens, the State Bar has the right to publicly disclose the rating, which is the commission’s only real leverage.3California Legislative Information. California Government Code 12011.5 – Judicial Candidate Evaluation and Appointment
The Election
Superior Court judges are elected by county voters on a nonpartisan ballot during even-numbered years.4Judicial Branch of California. Judicial Selection: How California Chooses Its Judges and Justices No party labels appear next to candidates’ names. The standard rule for California nonpartisan offices applies: a candidate who wins more than 50 percent at the primary takes the seat outright, and if nobody clears that line, the top two advance to a November runoff.5California Legislative Information. California Elections Code ELEC 8141 – Nonpartisan Office Runoff
One quirk explains why so many voters never see a judicial race on their ballot. If an incumbent judge, including one who first reached the bench by appointment, draws no challenger, the name does not appear on the ballot at all. The judge is simply re-elected automatically.4Judicial Branch of California. Judicial Selection: How California Chooses Its Judges and Justices Contested Superior Court races happen, but they are the exception.
Superior Court elections are not the same as the “retention elections” used for California’s appellate and Supreme Court justices. Those are up-or-down yes/no votes with no challenger. At the Superior Court level, anyone who meets the eligibility requirements can file to run against an incumbent.4Judicial Branch of California. Judicial Selection: How California Chooses Its Judges and Justices
Who Is Eligible
Whether appointed or elected, every Superior Court judge must have been a member of the State Bar of California, or a judge of a court of record in California, for at least 10 years immediately before selection.6Justia. California Constitution Article VI Section 15 – Judicial This is a constitutional requirement with no exceptions.
Beyond bar membership, the California Constitution does not impose explicit citizenship or residency requirements on Superior Court judges. A statutory residency rule that once existed was repealed in 1967. The 10-year bar or judicial-service requirement is what anchors every eligible candidate to California’s legal community.
Terms, Retirement, and Removal
Elected Superior Court judges serve six-year terms that begin the Monday after January 1 following the election.1Justia. California Constitution Article VI Section 16 – Judicial There is no limit on how many terms a judge can serve, and California has no mandatory retirement age. The Constitution instead directs the Legislature to provide reasonable retirement allowances for judges who leave the bench due to age or disability.7Justia. California Constitution Article VI Section 20 – Judicial
For pension purposes, a judge can retire with full benefits at age 65 with 20 or more years of service, or at age 70 with at least 5 years.8California Legislative Information. California Government Code 75522 – Early Retirement and Normal Retirement These are eligibility thresholds, not deadlines. A judge who keeps winning elections can keep serving.
Between elections, accountability runs through the Commission on Judicial Performance, an independent state agency with constitutional authority over all Superior Court judges and appellate justices.9CJP. Commission on Judicial Performance Under Article VI, Section 18, the commission can privately or publicly admonish a judge, censure a judge for more serious misconduct, remove a judge for willful misconduct, persistent failure to perform duties, habitual substance abuse, or conduct that brings the judiciary into disrepute, and force retirement of a judge whose disability seriously interferes with the job. A judge can petition the California Supreme Court for independent review of the commission’s decision.10CJP. California Constitution Article VI Sections 8, 18, 18.1 and 18.5
The commission does not review rulings. If you think a judge decided your case wrongly, that is an appellate question. The commission’s jurisdiction is conduct: bias, dishonesty, abuse of authority, and similar ethical failures.