As a partner at Sieben Edmunds Miller and the current President of the Minnesota State Bar Association (MSBA), I’m often asked about judicial elections and what makes Minnesota’s system unique. Minnesota’s approach blends rigorous qualifications with public accountability, resulting in a fair and impartial judiciary. I recently had the chance to discuss this on Minnesota Public Radio’s Politics Friday segment, and I’d like to share more about how our system works, what sets us apart, and how you can play an informed role in this critical part of our democracy.
Minnesota’s Hybrid System of Judicial Selection and Elections
Minnesota follows a hybrid model for judicial selection, combining merit-based appointments with public elections. This system provides us with a judiciary that’s not only highly qualified but also accountable to the people.
- Merit-Based Appointment
Most Minnesota judges begin their service through a merit-based appointment process. When a judicial position becomes available, a nonpartisan selection commission carefully evaluates candidates, assessing their qualifications, experience, and professional ethics. This commission, which is appointed by the governor, puts forward a short list of highly qualified candidates for final selection. This process ensures that, right from the start, we have only the most qualified candidates serving on the bench.
The nonpartisan, impartial, merit-based nature of this process is one of our state’s most effective safeguards against political influence in the judiciary. It allows us to maintain a bench of judges who are chosen solely based on their skills, experience, and dedication to fair interpretation of the law. We’re fortunate in Minnesota to have a rigorous appointment process that allows us to avoid the pitfalls seen in other states where politics often infiltrates the judiciary.
- Transition to Elections
Once appointed, Minnesota judges are accountable to the public through regular elections. Every six years, judges must stand for election to retain their seats, giving voters an opportunity to weigh in on each judge’s performance. In Minnesota, any licensed lawyer can run for a judicial seat, so elections may include challenges to incumbents, though often current judges will run unopposed.
Sometimes, however, a vacancy arises in a judicial position at a specific time in the election cycle that allows it to bypass the appointment process and go directly to election. When this happens, the public has the chance to select a new judge directly, rather than the governor filling the seat temporarily. This is the case this year in Duluth, where an open judicial seat is being decided through direct election. Any qualified lawyer can run for the position, and the public’s choice will fill the vacancy.
This dual system of appointment followed by public accountability has helped create a judiciary that’s both stable and responsive. Judges aren’t beholden to partisan agendas, yet they remain accountable to the people through regular elections.
The Importance of Nonpartisan Judicial Elections
One of Minnesota’s most distinguishing features is that judicial races are almost always nonpartisan, which means candidates usually don’t receive endorsements from political parties. This distinction minimizes political influence and allows judges to focus on fair interpretation of the law rather than on party-backed agendas.
Unfortunately, in other states where judicial races are heavily politicized, we often see campaigns backed by large sums of outside money, which can create a perception that judges are beholden to political interests. We’ve seen cases in nearby Wisconsin, for instance, where judicial campaigns are polarized, sometimes attracting millions of dollars in Super PAC spending. In Minnesota, we’ve largely avoided this because our judicial candidates campaign based on qualifications, experience, and commitment to justice – not on political platforms.
The MSBA’s goal is to keep it this way by emphasizing the importance of an impartial, fair judiciary.
How the MSBA Supports Fair and Informed Elections
The MSBA plays a proactive role in supporting fair judicial elections and ensuring that Minnesotans have the information they need to make informed decisions. While we don’t endorse specific candidates or participate in any political aspect of the races, we focus on providing the public with resources that help them understand the candidates and the process.
One key initiative we undertake is our judicial plebiscite. This is a preference poll among MSBA members, allowing lawyers to anonymously share their views on the judicial candidates based on firsthand experience. While it isn’t an endorsement, the poll provides objective insights from those who work closely with the judges on the ballot. The results of this poll are available to the public and can be an invaluable resource, especially for voters who may not have direct experience with the candidates.
The MSBA also offers educational resources like votemnjudges.org, which provides impartial information on judicial candidates. On this site, you’ll find plebiscite results, candidate questionnaires, and more, all aimed at helping voters make informed decisions.
How to Make an Informed Choice in Judicial Elections
When voting for judicial candidates, there are a few key areas to consider that can help ensure you’re supporting highly qualified, fair-minded judges:
Qualifications and Experience
Minnesota’s constitution requires judges to be “learned in the law,” meaning that they must hold a law degree and hopefully have significant legal experience. Judges play a crucial role in interpreting complex legal issues, so it’s essential that they have the knowledge and qualifications to apply the law fairly.
Judicial Philosophy
While judicial races in Minnesota are nonpartisan, voters should still consider each candidate’s commitment to impartiality and their approach to upholding the law. Resources like votemnjudges.org can provide insights into a candidate’s professional reputation within the legal community.
Flip the Ballot
Judicial races often appear on the back of the ballot, which can cause voters to overlook them. Remember to turn the ballot over and make sure you don’t miss these races. Voting for judges is one of the most impactful ways you can support a fair judiciary in our state.
Strengthening Minnesota’s Judicial Integrity: Your Role as a Voter
Minnesota’s nonpartisan approach to judicial selection helps create a judiciary that is both highly qualified and accountable to the people. By participating in these elections and voting based on qualifications, impartiality, and judicial philosophy, you can help sustain the integrity and independence of our state’s judiciary.
I encourage you to take the time to explore resources like votemnjudges.org, review the plebiscite poll results, and learn about the judicial candidates before heading to the polls. By casting an informed vote, you’re helping preserve a fair, impartial judiciary that truly serves the people of Minnesota.
