10.3: Becoming a Judge

Getting to the Bench

Superior court judges are elected for a six-year term on a nonpartisan, county-wide ballot. A candidate must have been an attorney in California for at least ten years. There is no limit on the number of terms a judge may serve.

Appellate Court justices are elected for twelve-year terms. The process used to select them is more complicated. First, the California Governor appoints the justice. Second, the appointment goes to the Commission on Judicial Appointments, comprised of the Chief Justice of the California Supreme Court, the California Attorney General, and the senior presiding judge of the court of appeals where they will be working. They will hold a public hearing and formally approve the nomination. Third, the nominee goes before the electorate and is confirmed in the next general election. This is called a retention election. If they lose the retention election (rarely occurring), the process begins again.

The seven justices of the Supreme Court undergo a similar process: appointment by the governor and confirmation by both the Commission on Judicial Appointments and the voters. Justices may serve additional terms if they are elected again by the people at the end of their twelve-year term in the retention election ("Fact Sheet").

Most judicial appointments receive little public scrutiny or attention. In the absence of controversy, voters often retain incumbents or confirm gubernatorial appointments. This leaves the governor with some discretion. While judges cannot run for office as partisan candidates, governors are more likely to nominate judges with similar beliefs. A liberal governor may lean more heavily on candidates with experience representing defendants. A conservative governor may promise "a get tough on crime" policy and appoint judges with a background in the district attorney's office.

In short, the responsibility for selecting judges is shared among three actors: the administrators of the Court system who review candidates for the appropriate qualifications, the governor who appoints appeal court and Supreme Court justices, and the people who confirm or may occasionally recall a judge. The latter is rarely exercised. The case of Judge Persky is the exception.