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Judicial selection in Wisconsin
| Judicial selection in Wisconsin | |
 | |
| Wisconsin Supreme Court | |
| Method: | Nonpartisan election |
| Term: | 10 years |
| Wisconsin Court of Appeals | |
| Method: | Nonpartisan election |
| Term: | 6 years |
| Wisconsin Circuit Courts | |
| Method: | Nonpartisan 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 Wisconsin, including:
As of April 2025, the selection of state court judges in Wisconsin occurred through nonpartisan elections. At the end of each judge's term, he or she must run for re-election to remain on the court.[1]
Click here to notify us of changes to judicial selection methods in this state.
Wisconsin Supreme Court
- See also: Wisconsin Supreme Court
The seven justices of the Wisconsin Supreme Court are elected in statewide nonpartisan elections. Judges serve ten-year terms, and to remain on the court, they must run for re-election after their term expires. Only one seat may be elected in any year, and more than two candidates for each seat must file to have a primary.[2][3]
Qualifications
To serve on the supreme court, a judge must be:
- licensed to practice law in Wisconsin for a minimum of five years immediately prior to election or appointment
- under the age of 70.[4]
Chief justice
The chief justice of the court is selected by peer vote for a term of two years.
Vacancies
In the event of a vacancy on the court, the governor has the power and duty to appoint an individual to the vacancy. The governor screens judicial applicants using an advisory council on judicial selection. The council recommends three to five candidates to the governor, although the governor is not bound by their recommendations. The appointed justice must then stand for election in the first subsequent year in which no other justice's term expires.[3][2][5]
The map below highlights how vacancies are filled in state supreme courts across the country.
Wisconsin Court of Appeals
- See also: Wisconsin Court of Appeals
The 16 judges on the Wisconsin Court of Appeals are elected in nonpartisan elections. Judges serve six-year terms, and to remain on the court, they must run for re-election after their term expires.[2][3]
Qualifications
To serve on the court of appeals, a judge must be:
- a qualified elector of Wisconsin;
- licensed to practice law in Wisconsin for a minimum of five years immediately prior to election or appointment; and
- under the age of 70.[6]
Chief judge
The Wisconsin Supreme Court appoints the chief judge of the Wisconsin Court of Appeals. The chief judge serves a three-year term.[2] Each of the four districts of the court of appeals is managed by a presiding judge, appointed by the chief judge of the court of appeals. The presiding judges serve two-year terms.[7][8]
Vacancies
In the event of a vacancy on the court, the governor has the power and duty to appoint an individual to the vacancy. The governor screens judicial applicants using an advisory council on judicial selection. The council recommends three to five candidates to the governor, although the governor is not bound by their recommendations. The appointed judge must then stand for election in the first subsequent year in which no other judge's term expires.[3][2]
Limited jurisdiction courts
Wisconsin has two types of limited jurisdiction courts: Wisconsin Circuit Courts and Wisconsin Municipal Courts.
Wisconsin Circuit Courts
Judges on the Wisconsin Circuit Courts are elected in nonpartisan elections. Judges serve six-year terms, and to remain on the court, they must run for re-election after their term expires. The chief judge of each circuit court is chosen by the supreme court to serve a two-year term.[2][1]
Wisconsin Municipal Courts
Judges on the Wisconsin Municipal Courts are elected in nonpartisan elections. They serve four-year terms unless the municipality passes an ordinance reducing the term to two years.[9]
History
Below is a timeline noting changes to judicial selection methods in Wisconsin.
- 2015: Question 1 was approved, allowing a majority of the court to elect a chief justice to serve two-year terms.
- 2009: A public financing system was created for judicial elections via SB 40, known as the Impartial Justice Bill.
- 1977: The Wisconsin Constitution was amended, creating the Wisconsin Court of Appeals and establishing that its judges were to be elected to six-year terms.
- 1889: A constitutional amendment was passed, establishing that the chief justice of the supreme court was to be determined by seniority.
- 1853: The Wisconsin Supreme Court was created with its justices to be elected to 10-year terms.
- 1848: The Wisconsin Circuit Court was created with its judges to be elected to six-year terms.[10]
Courts in Wisconsin
In Wisconsin, there are two federal district courts, a state supreme court, a state court of appeals, and trial courts with both 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.
The image below depicts the flow of cases through Wisconsin'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.[11]
Noteworthy events
Change to chief justice selection method
Before 2015, Wisconsin was one of eight states using the seniority system to select supreme court chief justices. This changed in April 2015 when the state's voters approved Question 1, the Wisconsin Supreme Court Chief Justice Selection Amendment. Under the new method, incumbent justices of the court select the chief justice from among their members by a majority vote.[1]
Lawsuit filed to block Question 1
On April 8, 2015, Chief Justice Shirley Abrahamson, along with five registered voters, filed a federal lawsuit, unsuccessfully seeking to block the implementation of Question 1. Federal judge James D. Peterson, on July 31, 2015, ruled in favor of the defendant's request for a dismissal. Peterson concluded that there was no compelling reason for federal courts to intervene on a state amendment interpreted by voters.[12]
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.[13] At the state supreme court level, this method is further divided into the following three types:
- Bar-controlled commission: Members of the state Bar Association are responsible for electing 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.
See also
External links
Footnotes
- ↑ 1.0 1.1 1.2 American Judicature Society, "Methods of Judicial Selection: Wisconsin," archived October 3, 2014
- ↑ 2.0 2.1 2.2 2.3 2.4 2.5 National Center for State Courts, "Methods of Judicial Selection," accessed August 12, 2021
- ↑ 3.0 3.1 3.2 3.3 Wisconsin State Legislature, "Wisconsin Constitution," accessed September 19, 2014 (Article VII, Section 4: pg.10) Cite error: Invalid
<ref>tag; name "section4" defined multiple times with different content Cite error: Invalid<ref>tag; name "section4" defined multiple times with different content - ↑ Wisconsin State Legislature, "Wisconsin Constitution," accessed September 19, 2014 (Article VII, Section 24: pg.11)
- ↑ Wisconsin State Legislature, "8.50 - Special elections," accessed April 19, 2023
- ↑ Wisconsin State Legislature, "Wisconsin Constitution," accessed September 19, 2014 (Article VII, Section 24: pg.11)
- ↑ Wisconsin Court System, "Court of Appeals"
- ↑ Wisconsin Court System, "Court of Appeals: Judges," accessed October 27, 2015
- ↑ Wisconsin State Legislature, "Chapter 755 - Municipal Judged," accessed August 12, 2021
- ↑ American Judicature Society, "History of Reform Efforts: Wisconsin," archived April 11, 2011
- ↑ U.S. Courts, "FAQ: Federal Judges," accessed March 26, 2015
- ↑ Milwaukee Journal Sentinel, "Judge dismisses Shirley Abrahamson suit to regain chief justice role," July 31, 2015
- ↑ American Bar Association, "Judicial Selection: The Process of Choosing Judges," accessed August 10, 2021
Federal courts:
Seventh Circuit Court of Appeals • U.S. District Court: Eastern District of Wisconsin, Western District of Wisconsin • U.S. Bankruptcy Court: Eastern District of Wisconsin, Western District of Wisconsin
State courts:
Wisconsin Supreme Court • Wisconsin Court of Appeals • Wisconsin Circuit Courts • Wisconsin Municipal Courts
State resources:
Courts in Wisconsin • Wisconsin judicial elections • Judicial selection in Wisconsin
