State supreme court
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In the United States, the state supreme court (known as the supreme judicial court in some states) is usually the highest court in the state court system. (See also supreme court.)
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Overview
Generally, the state supreme court is exclusively for hearing appeals of legal issues. It does not do any finding of facts, and thus holds no trials. In the rare case where the trial court made an egregious error in its finding of facts, the supreme court will remand to that court for a new trial.
The court consists of a panel of judges, either appointed by the state governor, or elected by the state legislature or the people for a limited term. Some states use what is known as the Missouri Plan under which the governor appoints a judge for a single term who must then receive voter approval for any successive terms.
Appellate jurisdiction
Under the American system of federalism, the interpretation of a state supreme court on a matter of state law is normally final and binding and must be accepted in both state and federal courts.
Federal courts may only overrule a state court when there is a federal question, which is to say, a specific issue (such as consistency with the U.S. Constitution) that gives cause for federal court jurisdiction. Rulings of state supreme courts on such matters may be appealed directly to the Supreme Court of the United States.
One of the great informal traditions of the American legal system is that all litigants are guaranteed at least one appeal after a final judgment on the merits (although the U.S. Supreme Court has refused to rule on whether this rule is required by the constitutional guarantee of due process). Since a few states lack intermediate appellate courts, the state supreme court operates under mandatory review, in which it must hear all appeals from the trial courts. Such judicial systems are usually very congested.
Most state supreme courts have implemented discretionary review, like their federal counterpart, the U.S. Supreme Court. Under such a system, intermediate appellate courts are entrusted with deciding the vast majority of appeals (most of which are half-baked attempts to challenge long-settled rules). The supreme court (federal or state) monitors the decisions of the intermediate courts. Through its discretionary power to grant writs of review or certiorari, it can concentrate on deciding a smaller number of cases. These cases usually are matters where different appeals courts within its jurisdiction have decided differently.
Terminology
In New York and Maryland, the highest court of the state is called the Court of Appeals. (In New York, the name Supreme Court is used for a trial court.) In West Virginia, the highest court of the state is called the Supreme Court of Appeals. Oklahoma and Texas have two separate highest courts, one for criminal appeals and one for civil cases. The former is called the Court of Criminal Appeals. The latter is called the Supreme Court.
List of states by method of selection of state supreme court justices
States with partisan elections
- Alabama, Indiana, Illinois, Louisiana, Mississippi, New Mexico, New York, Pennsylvania, Tennessee, Texas, West Virginia
States with non-partisan elections
- Arizona, Arkansas, Florida, Georgia, Idaho, Kentucky, Michigan, Minnesota, Montana, Nevada, North Carolina, North Dakota, Ohio, Oregon, South Dakota, Washington, Wisconsin
States with election by the Legislature
States with appointment by the Governor
States using the Missouri Plan
List of state supreme courts
- Alabama Supreme Court
- Alaska Supreme Court
- Arizona Supreme Court
- Arkansas Supreme Court
- Supreme Court of California
- Colorado Supreme Court
- Connecticut Supreme Court (formerly the Supreme Court of Errors)
- Delaware Supreme Court (formerly the Supreme Court of Errors and Appeals)
- District of Columbia Court of Appeals (formerly the Municipal Court of Appeals)
- Florida Supreme Court
- Georgia Supreme Court
- Hawaii Supreme Court
- Idaho Supreme Court
- Illinois Supreme Court
- Indiana Supreme Court
- Iowa Supreme Court
- Kansas Supreme Court
- Kentucky Supreme Court (formerly the Court of Appeals)
- Louisiana Supreme Court (formerly the Superior Court of Louisiana and the Superior Court of the Territory of Orleans)
- Maine Supreme Judicial Court
- Maryland Court of Appeals
- Massachusetts Supreme Judicial Court
- Michigan Supreme Court
- Minnesota Supreme Court
- Mississippi Supreme Court
- Missouri Supreme Court
- Montana Supreme Court
- Nebraska Supreme Court
- Nevada Supreme Court
- New Hampshire Supreme Court
- New Jersey Supreme Court (formerly the Court of Errors and Appeals)
- New Mexico Supreme Court
- New York Court of Appeals (highest NY state court)
- North Carolina Supreme Court
- North Dakota Supreme Court
- Ohio Supreme Court
- Oklahoma Supreme Court
- Oklahoma Court of Criminal Appeals (formerly the Criminal Court of Appeals)
- Oregon Supreme Court
- Pennsylvania Supreme Court
- Rhode Island Supreme Court
- South Carolina Supreme Court
- South Dakota Supreme Court
- Tennessee Supreme Court
- Texas Supreme Court
- Texas Court of Criminal Appeals (formerly the Court of Appeals)
- Utah Supreme Court
- Vermont Supreme Court
- Virginia Supreme Court (formerly the Supreme Court of Appeals)
- Washington Supreme Court
- West Virginia Supreme Court of Appeals
- Wisconsin Supreme Court
- Wyoming Supreme Court
List of U.S. territories supreme courts
- High Court of American Samoa
- District Court of Guam, Appellate Division
- Northern Mariana Islands Supreme Court
- Puerto Rico Supreme Court
List of supreme courts of sovereign nations
- Navajo Nation Supreme Court (formerly the Court of Appeals)