ABA Family Legal Guide

How the Legal System Works

The Structure of the Court System

Judges

How are judges selected?

There are important differences between the state and federal systems. All Article III judges are appointed for life by the president with the advice and approval of the U.S. Senate, and can only be removed through impeachment. Article I judges (such as bankruptcy court and magistrates court judges) do not have the constitutional protections accorded to Article III judges, since they are appointed in a different process.

The states, on the other hand, have a variety of procedures for filling judgeships. While the governor appoints some state judges for a term of a number of years, judges in many other states are required to run for election. Some state judicial elections are partisan, some are non-partisan, while others are uncontested retention elections.