However, in general, approximately half of the States appoint judges and the other half elect them. Thirty-one states use commission plans to help the governor select judges. In four states, the governor appoints judges without recourse to a nominating committee, subject to confirmation by the Senate. States can apply more than one of five methods at different levels of the courts.
For example, a state can choose its appellate court judges through assisted appointment while choosing trial court judges in partisan elections. Some states may even select judges from the same judicial level differently depending on an area's population or local opinion. States can also modify any of the above systems in their own way. The assisted appointment method, in particular, comes in a variety of forms. For example, some states require the governor to choose from the committee's list of candidates, while in other states the list is just a suggestion.
Article III of the Constitution governs the appointment, term of office, and payment of Supreme Court judges and federal circuit and district judges. These judges, often referred to as “Article III judges,” are appointed by the president and confirmed by the United States. During the following administrations, the discipline and organization of the parties they became stronger. As a result, presidents Zachary Taylor, Millard Fillmore and Franklin Pierce lost their influence in judicial selection to a large extent.
At the time of the Pierce administration (1853-185), Democratic senators could dictate nominations for judicial offices in their states. Pierce and his successor James Buchanan also introduced a change in the selection process by transferring authority over judicial recommendations from the Secretary of State to the Attorney General. District judicial councils determine whether it is necessary to resort to the removal services of bankruptcy judges and magistrates, depending on the court's workload. Academics who study the behavior of trial court judges have taken advantage of the random assignment of cases and the variation within the state in selection methods and electoral pressures to make credible causal statements about how electoral incentives affect judicial behavior.
The Code of Conduct for U.S. Judges includes the ethical canons that apply to federal judges and provides guidance on the performance of their official duties and their participation in a variety of outside activities. The Judicial Conference's policy on the attendance of judges in privately funded educational programs requires educational program providers and judges to disclose certain relevant information about the attendance of judges in privately funded educational programs. They must also be examined by a merit selection panel comprised of lawyers and non-lawyers from the community.
During the presidencies of Andrew Jackson, Martin Van Buren, John Tyler and James Polk, the nomination process became increasingly party-led, while the executive maintained a degree of personal discretion in the selection of judges. In addition, some courts have domestic jurisdiction for issues such as tax matters (U.S. Tax Court), lawsuits against the federal government (U.S. Federal Claims Court), and international trade (U.S.
International Trade Court). The debate over whether judges should be elected or appointed revolves around a conflict between two opposing ideals, those of judicial independence and accountability. The court's 16 judges are appointed by the president and confirmed by the Senate for 15-year renewable terms. Some senators complied, while others continued to present a single selection, effectively leaving the hands of the White House without effect.
Like other federal judges, all full-time trial judges receive the same salary regardless of where they serve or years of service. Of the approximately 10,000 judges in state appellate and trial courts, 87% will face voters at some point during their term of office.
