How does a lawyer become a judge? Okay, let’s be honest for a minute. Don’t all lawyers secretly long to become a judge at some point?
The black robe, the seat high above everyone else in the courtroom, the ability to rule on evidentiary motions, or to sanction unethical lawyers — it always just seemed so appealing to me.
I can’t be alone in this.
Just in case I’m not — and you’re a lawyer eyeing a seat on the bench or simply curious about the process, this post is for you.
Today, we’ll explore how a lawyer becomes a judge, focussing on the pathways California attorneys can take to transition from practicing law to serving on the judiciary.
Judicial positions in California
California’s judicial system is the largest in the United States, overseeing the administration of justice to a whopping 12% of the nation’s population.
Indeed, the Superior Courts alone handle over 4.5 million filings per year (think of that the next time you’re grumbling about how long it’s taking your judge to rule on a motion for summary judgment).
There are three main levels where lawyers can serve as judges — Superior Courts, the Appellate Courts, and the California Supreme Court. Let’s take a quick overview of each position.
Superior Court Judges
Superior Courts are the trial-level courts in California, handling civil, criminal, family, probate, and juvenile cases. There are currently over 1,600 Superior Court Judges serving California’s 58 counties.
Each county has its own Superior Court, making these judges the heart and soul of California’s judicial system. As a Superior Court judge, you’ll preside over trials, make rulings on motions, and ensure that proceedings are fair and just.
Appellate Court Justices
Appellate Courts, also known as Courts of Appeal, review decisions from the Superior Courts. There are roughly 100 Appellate Court Justices serving across California’s six District Courts of Appeal (with several current vacancies … hint, hint).
These justices examine legal issues raised on appeal and determine whether the trial court made any errors in applying the law. Becoming an Appellate Court judge typically requires significant experience and a strong track record in legal analysis and writing.
California Supreme Court Justices
The California Supreme Court is the state’s highest court, with the authority to interpret state law and set legal precedents. There are six Associate Justices and one Chief Justice serving on the Court at any given time.
Supreme Court justices handle complex cases and often hear matters of significant public interest. This level of judgeship requires a deep understanding of the law and a commitment to upholding the state’s legal standards.
How does a lawyer become a judge?
So, now that we know where the jobs are, let’s take a look at how a lawyer becomes a judge.
Becoming a judge in California is not just about experience — it’s about demonstrating a high level of integrity, professionalism, and ethical conduct.
Understandably, the State is not going to turn decision-making authority over to just anyone.
The Judicial Branch of California lays out the requirements for becoming a judge or justice in great detail, but here’s a quick overview to determine whether you should start thinking about your chances:
- Legal experience: Most judgeships require a minimum number of years practicing law, typically at least 10 years. This experience ensures that candidates have a thorough understanding of California law, the legal system, and courtroom procedures.
- Professional reputation: The importance of having a strong reputation among peers, clients, and the legal community cannot be overstated. References and recommendations play a significant role in the selection process, and a history of ethical conduct is a must.
- Educational background: While all judges must have a law degree, additional education or certifications in specialized legal areas can enhance a candidate’s qualifications. Admission to the California Bar is, of course, a fundamental requirement.
- Ethical standards: Judges must adhere to the California Code of Judicial Ethics, which sets strict guidelines for judicial conduct. This includes maintaining impartiality, avoiding conflicts of interest, and upholding the integrity of the judiciary.
Pathways to becoming a judge in California
Transitioning from practicing law to sitting on the bench in California involves several pathways, with the most common being appointment by the Governor.
While some Superior Court judges are elected, as we’ll discuss below, most judges at the Superior Court, Appellate Court, and State Supreme Court levels are appointed. Here’s a closer look at the process:
Elections
While the focus of this post is on appointed judges, it’s worth noting that some Superior Court Judges in California are elected. In fact, the system is set up for Superior Court Judges to serve for six-year terms, after which a new judge is elected through a non-partisan election within their specific county.
That said, any time a judge’s term concludes early, the Governor has the power to appoint a new judge. According to the Judicial Branch website, the “vast majority of superior court judges initially reach the bench via gubernatorial appointment.”
So, let’s focus there, shall we?
The appointment process
Regardless of California’s judicial election option, the appointment process is the principal pathway to a lawyer becoming a judge in California. It involves several key steps, which we’ll break down below:
Application
Aspiring judges must first submit an application to be considered for a judicial appointment.
The application requires detailed information about, among other things, the candidate’s education, professional career, work history, suitability for judicial appointment, specific legal experience (including areas of law you’ve practiced), prior judicial or quasi-judicial experience, business interests, writings, honors and awards, organizations, memberships, and community activities.
Candidates must also demonstrate their commitment to the judicial role by outlining their philosophy on legal ethics and impartiality. And, in case you’re wondering, you also have to provide at least five references.
Judicial Nominees Evaluation (JNE) Commission
The Judicial Nominees Evaluation (JNE) Commission plays a critical role in the appointment process. This independent commission consists of 27 and 38 attorneys and non-attorney members who evaluate candidates based on several factors.
These include experience, professional reputation, and ethical conduct. The JNE Commission conducts thorough background checks and interviews references to assess a candidate’s suitability for a judgeship.
The commission’s evaluation process is rigorous, and it should be. After all, every Californian has an interest in ensuring that only the most qualified candidates are recommended for appointment.
Recommendation and appointment
The JNE Commission generally has 90 days to complete its evaluation, after which it makes recommendations to the Governor of California (using labels such as “Exceptionally Well Qualified,” “Well Qualified,” “Qualified,” and “Not Qualified”).
The Governor then decides whether to appoint the recommended candidates. The Governor’s appointment power is significant, as it allows for shaping the judiciary in line with broader legal and policy goals.
However, the focus is supposed to remain on merit-based selection, with a strong emphasis on qualifications, experience, and integrity.
Confirmation process
Once appointed, judges may need to go through a confirmation process. This can involve hearings or approvals by the California State Legislature, depending on the level of the appointment.
While most appointments are straightforward, the confirmation process is intended to ensure a level of oversight and public accountability.
Diversity and inclusion
We’d be remiss if we didn’t mention that California places a significant emphasis on diversity and inclusion in its judicial system.
Indeed, Government Code § 12011.5 states an express intention that judicial candidates be “broadly representative of the ethnic, gender, and racial diversity of the population of California.”
This statutory directive underscores the state’s commitment to a judiciary that mirrors the diverse communities it serves, promoting fairness and trust in the legal system.
To fulfill this goal, California has implemented various initiatives and programs aimed at encouraging diversity within the judiciary. These efforts include outreach to underrepresented groups, mentorship programs for aspiring judges, and regular reporting on the demographics of its membership.
In practice, this emphasis on diversity translates to a more inclusive judiciary, with judges from varied backgrounds, cultures, and life experiences. This diversity not only fosters greater public confidence in the judicial system but also enriches the courts’ perspectives.
This, in turn, hopefully leads to more equitable and representative decision-making.
Additional tips for aspiring judges
Becoming a judge in California is a goal that requires dedication and strategic planning. Here are some additional tips for lawyers who aspire to serve on the bench:
Build a strong legal career
Focus on building a strong legal career that demonstrates your skills and commitment to the law. If you can, try to gain experience in various legal fields, handle a range of cases, and develop a reputation for professionalism.
That said, if you’re going to sit on the bench, there’s no substitute for having worked as a trial attorney.
Continuous professional development
Continuous learning is key to a successful legal career — and this is particularly important if you want to be a judge. Consider attending judicial training programs, legal seminars, and other professional development opportunities to broaden your knowledge and skills.
Study other judges
There’s no better way to learn the path to judgeship than to study the people who’ve come before you. Fortunately, there are many ways to do this.
You can scour the bios of existing jurists, attend “Meet the Judges” events held in your jurisdiction, or even read up on some of the most respected judges in history.
Whatever you do, remember that being a judge is one of the most important roles in our society. It’s not for the faint of heart, nor is it intended for those who live in the extremes. If that sounds like the job for you, we wish you the best of luck in the process.
