The California Judicial Nomination Process

Overview

In order to become a judge, a lawyer must be a member of the State Bar of California and have practiced law for at least 10 years.  There are two ways to become a judge in California:
1.   To be appointed by the Governor
2.   To run for election against another judge or for a particular judge’s position

By Appointment:   A lawyer who seeks an appointment from the Governor must fill out an extensive Application. The Governor’s staff reviews the application. The state's Judicial Appointments Advisor is John Davies, who has extensive experience in the judicial nominations process, and previously served as Governor Pete Wilson's Judicial Appointments Secretary.  According to an article in the San Diego Union Tribune, in the Schwarzenegger administration, Davies reviews candidates but recommends the top contenders to Schwarzenegger's legal secretary, Peter Siggins, and chief of staff, Patricia Clarey. They in turn bring their top choices to the governor.

Most successful candidates also submit letters of support from friends, including other lawyers, judges, law school professors, and others who know about the candidate’s qualifications.

If the Governor’s office thinks the applicant has sufficient merit, the State Bar of California Commission on Judicial Nominees Evaluation (JNE) is asked to review the candidate’s application. The commission solicits additional information and recommendations from other lawyers and judges who are familiar with the applicant. If the applicant receives a high rating, the Governor’s staff will submit the application to the Governor, who then decides whether to grant the appointment. The Governor will appoint a new judge when there is a vacancy at a particular court.

By Election:   A lawyer may also seek a judicial position by running for election. The lawyer may run against a current judge or run for an open position on a court’s bench. Candidates for judicial election are usually evaluated by a committee of the local bar association, who will rate the candidate(s) and inform the voters before the election.  The term of office for a trial judge in California is six years.

Selected Articles

Judge Lee	AABA Honors Asian Pacific American Judges: Appointments of Judges Elizabeth Lee and Garrett Wong(October 2005) In a special evening, AABA honored APA judges throughout the Bay Area, and welcomed two new APA judges, Judge Elizabeth Lee (San Mateo County Superior Court) and Judge Garrett Wong (San Francisco County Superior Court), appointed by Governor Schwarzenegger in the Fall.
Justice Raye	Search for New California Supreme Court Justice Begins (Sacramento Bee, June 2005). Article discusses filling the vacancy on the California Supreme Court left by Justice Janice Brown's nomination to the D.C. Circuit. Justice Vance Raye of the California Court of Appeal has been mentioned as a candidate to replace Justice Brown.
Kathy Asada	Judging Schwarzenegger - by Jeff Adachi and Kathy Asada (March 2005). This op-ed by San Francisco Public Defender Jeff Adachi and AABA President Kathy Asada discusses Governor Schwarzenegger's failure to appoint APAs to the Superior Court in San Francisco.
Justice Moreno	La Raza Lawyers of California, Spring 2005 Newsletter (detailing lack of Latino appointments to bench). La Raza Lawyers of California successfully advocated for the appointment of Justice Carlos Moreno to the California Supreme Court in 2001, and have identified appellate court Justice Maria Rivera as another Supreme Court candidate. Through June 2005, Governor Schwarzenegger has appointed only one Latino to a judicial position.
Julie Soo	Seeking APA Judges - by Julie Soo (January 2005). This comprehensive article by NAPABA and AABA member Julie Soo discusses the many issues facing APAs seeking federal and state judicial positions.
Victor Hwang	"Search for API Judges: Advocating for More Asian American Judges" (AABA Newsletter, November 2004). This article discusses the process of becoming a judge in California. Former AABA President Victor Hwang and other APA bar leaders met with the Governor's Judicial Appointments Advisor John Davies last winter.
David Chiu	The Search for Our Next Judges -- by David Chiu (October 2004) Essay discusses the lack of Asian Pacific American judges and the need to encourage Asian Pacific American attorneys to pursue judicial careers.
John Davies	Schwarzenegger Advisor Warns Judges Not to Expect Any Additional Judicial Appointments This Year (Metropolitan News-Enterprise, October 2004) Article contains insights and information on the judicial selection process under the Schwarzenegger administration.
Judge Gee	Read Article on AABA Panel: "So You Want to Be Judge" (November 2003). Alameda County Superior Court Judge Delbert Gee and others participated in a panel discussion on becoming a judge.