FAQ: Judicial term lengths

October 17, 2024

By Bill Raftery

Hundreds of judges and judicial candidates will be on the ballot this November seeking to be elected or reelected to office. As noted in a September 2024 Trending Topic, voters will decide on whether to extend the terms of their appellate judges and some trial court judges for life/good behavior.    One recurring question is how long will these judges serve? In short, it varies from state to state and even within a state.

• Positions on courts of last resort tend to have longer terms ranging generally from 6-15 years. In states with a set number of years per term (rather than life/retirement age), the average term is 8.6 years, and the median is 8 years. Three states (Massachusetts, New Hampshire, and Rhode Island) have life terms or until mandatory retirement. New Jersey has a 7/70 policy: a justice appointed and confirmed to office serves 7 years and if reappointed and reconfirmed serves until mandatory retirement at age 70.
• Positions on intermediate appellate courts range from 4-12 years. In states with a set number of years per term (rather than life/retirement age), the average term is 7.5 years, and the median is 7 years. As with courts of last resort, some states set the term as life/mandatory retirement or New Jersey’s 7/70 approach.
• General jurisdiction trial courts tend to have the shortest terms ranging from 4-15 years. In states with a set number of years per term, the average term is 6.8 years with the median of 6 years. Some states set the term as life/mandatory retirement or New Jersey’s 7/70 approach.

Within states, there can also be a great deal of variation. Colorado has 10-year terms for their supreme court, 8 years for their court of appeals, and 6 years for their district courts. Maryland has the opposite, giving their general jurisdiction trial court judges (circuit) longer 15-year terms before they are up for reelection while their appellate court judges and justices must face voters every 10 years.

For the most part, these terms have remained stable for the last 50 years. Changes have included:

• Arkansas circuit increased from 4 years to 6 in 2000. See Amendment 80 (2020) and former Article 7, Sec. 17.
• Massachusetts (all courts) replaced life tenure with a mandatory retirement age of 70 in 1972. See Question 7.
• Nevada district increased from 4 years to 6 in 1976. See Question 8.

How long do judges in your state serve? For more information, contact knowledge@ncsc.org or call 800-616-6164. Follow the National Center for State Courts on Facebook, X, LinkedIn, and Vimeo. For more Trending Topics posts, visit ncsc.org/trendingtopics and subscribe to the LinkedIn newsletter.

Terms of Office: Courts of Last Resort

Terms of Office: Intermediate Appellate Court

*Justices are elected to a 14-year term to the state’s court of general jurisdiction (Supreme) and then elevated/appointed to the Appellate Division. They must still run every 14 years for their trial court seat. See NY CONST Art. 6, § 4 & 6.

Terms of Office: General Jurisdiction Courts