California Judges Could Feel Political Heat on Same Sex Marriage
Joe Mathews -
November 12, 2008 - 4:24pm
People outside California may not know this, but our supreme court judges don't have lifetime terms. Every 12 years, they face "retention" elections -- up or down votesby thep ublic on whether they remain on the court or not. Two judges -- including Chief Justice Ronald George, the author of the 4-3 opinion in May that legalized same-sex marriage -- face retention elections in 2010. (The other judge up for retention was in the minority in the gay marriage opinion). Before 2010, the court will decide whether or not to overturn Prop 8, the ban on same-sex marriage just passed by voters. Writing at Fox & Hounds Daily, Joel Fox suggests George could face a campaign against his retention no matter how he decides on Prop 8.
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State supreme court justices
There are only three states whose state supreme court justices serve for life:
Massachusetts, Rhode Island and New Hampshire.
California's supreme court justices are more shielded from election pressures than in the seven states with partisan elections and the thirteen states with non-partisan elections. In most of these states, justices don't run in retention elections, as they do in California, but run against opponents. It's much more common to lose against an opponent than to lose when running for retention.
The number of years served by state supreme court justices is shorter in most states than in California--in 17 states, the term is only six years.
None of which is to say that Ronald George won't be thinking about 2010.