11.11 Judicial Selection

In Ohio, judges are selected through a process that combines both elections and appointments. Judges at all levels, from the Municipal Courts to the Supreme Court, are elected by the public to six-year terms. Relatively recent changes in Ohio law (2021) require party affiliations to be listed on the ballot for candidates running for the Ohio Supreme Court and the state’s appellate courts. Candidates for these positions participate in partisan primary elections, and their party affiliations are listed on both the primary and general election ballots. For Municipal Courts and Courts of Common Pleas, candidates run in partisan primaries but appear on the general election ballot without party affiliation, aiming to promote judicial impartiality during the general election.

When a vacancy occurs between elections, the Governor has the authority to appoint a judge to fill the position until the next election.

In several states, judges are appointed rather than elected. For example, in California, judges of the Supreme Court and Courts of Appeal are appointed by the Governor and then confirmed by the Commission on Judicial Appointments. In New York, the Governor appoints judges to the Court of Appeals, the state’s highest court, with the advice and consent of the state Senate.

One advantage of appointing judges is that it can help ensure that only highly qualified candidates are selected, reducing the influence of political campaigns and fundraising. However, a drawback is that it may limit the public’s ability to have a direct say in who serves as a judge, potentially leading to a lack of accountability. Overall, appointed judges can promote a more merit-based selection process, but they may also seem less connected to the voters’ preferences.

References

Ohio Legislative Service Commission. 2023. Chapter 11 – The Judicial Branch in A Guidebook for Ohio Legislators. Columbus OH p. 127-129.

Sracic, Paul A., and William C. Binning. 2015. Chapter 5 – Courts in Ohio in Ohio Government and Politics. Washington DC: CQ Press p. 86-87.