Are judges elected or appointed?

#Article III judges

Supreme Court justices, court of appeals judges and district judges are Article III judges. The president nominates them, and the Senate confirms them. The Constitution says they hold office “during good Behaviour,” so they can serve for life. Congress can remove them only through impeachment by the House and conviction by the Senate. Starting at age 65, with 15 years of service, a judge may take senior status and keep hearing cases.

#Federal magistrate judges

Magistrate judges are judicial officers of the federal district courts. The district judges of each court appoint them by majority vote, helped by merit selection panels of local residents. A full-time magistrate judge serves an 8-year term, and a part-time one serves 4 years. Both can be reappointed. Magistrate judges handle many pretrial matters. If both sides agree, they can also decide civil cases, including jury trials.

#Other federal judges

Bankruptcy judges also serve within the district courts. The court of appeals for each circuit appoints them to 14-year terms. Judges of some special courts are chosen another way. For example, the president nominates and the Senate confirms the 16 judges of the US Court of Federal Claims. That court was created by Congress under Article I, not Article III.

#How states choose judges

States use several methods, and many use different methods for different courts. As of November 2026, Ballotpedia counted these methods for state supreme courts:

• Partisan elections: 8 states
• Nonpartisan elections: 13 states
• Governor appoints from a nominating commission’s list: 21 states and the District of Columbia
• Governor appoints: 5 states
• Legislature elects: 2 states
• A hybrid method: Michigan

In some states, judges later face yes-or-no retention votes to stay on the bench.

#Pennsylvania’s magisterial district judges

Outside Philadelphia, Pennsylvania voters elect one magisterial district judge for each magisterial district, and each serves a 6-year term. To stay in office, they must win a contested election, while other Pennsylvania judges face yes-or-no retention votes. They do not have to be lawyers, but those who are not must complete training and pass an exam. The state constitution still calls the office “justice of the peace.” It is a state office, unrelated to federal magistrate judges.