More than 95 percent of court cases in the United States take place in state
courts. Most crimes fall under state law, and violations of those laws are tried in
state courts. Under the Tenth Amendment, the states have great latitude in how they
structure their courts. Most states have a system similar to the federal system: a
set of courts with original jurisdiction, appellate courts to hear appeals from
these courts, and a state supreme court with final say on state law. States use
different terms to describe their courts, so a court with the same (or similar) name
might serve very different functions in two different states.
State Judges
Each state determines how to select its state judges. The most popular
ways of selecting state judges include the following:
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Election: This is the most common way in which states
select judges.
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Political appointment: In some states, the governor
appoints state judges.
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The merit plan: The governor appoints judges from a list
of qualified candidates provided by a judicial selection committee. This
method of selection (also known as the Missouri Plan) tries to put
qualifications ahead of partisanship. Judges then must face retention
elections, which let voters decide whether the judge should stay
in office.
Appeals to the Supreme Court
When a state supreme court has made a decision, losing parties have no
higher state court to which they can appeal, but they can appeal the decision to
the U.S. Supreme Court. The Supreme Court will only hear these cases if there is
a federal or constitutional issue at stake. The Supreme Court has ultimate
judicial power in the United States, but it does not settle matters of state law
and instead defers to the state courts.
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