How to Become a Probate Judge

The path to become a probate judge differs among states.

Three paths exist to become a probate judge. Before embarking on whatever course to the judiciary is used in your state, you must meet preliminary requirements. These include graduating from an American Bar Association-accredited law school, passing the bar examination and being licensed as an attorney for a specific period of time. The licensing period varies from one state to another, but typically is five years. Provided you meet the minimum licensing period, you do not need to practice specifically in an area of the law. You can occupy a position as an educator or in government service, for example.

Things You'll Need

• Law school degree
• Law license
• Application or petition for ballot placement (elected judgeship)
• Application to judicial nominating commission (appointed judgeship)
• Application to chief or senior judge (selection process once on bench)

Instructions

Election

1. File the appropriate documents to be listed as a candidate for probate judge on the ballot in your county. In some jurisdictions you must complete an application and pay a fee to become a candidate. In other locales, you will need to collect a certain number of signatures on a petition to be placed on the ballot.

2. Campaign for office. The judicial code of the state where you seek office enumerates the specific rules to be followed while campaigning. The rules associated with a judicial campaign are more restrictive than those associated with other campaigns for elected offices. For example, you cannot actively solicit campaign donations from attorneys who appear before the court.

3. Receive an appropriate certification of election, typically issued from the secretary of state's office. On the date appointed by state law, a swearing-in occurs, officially placing you on the bench as a probate judge.

Appointment

1. Submit an application to the judicial nominating commission or committee in the jurisdiction where you seek appointment as a probate judge. The commission or committee will select finalists (usually three candidates) whose names are sent on to the governor of the state for consideration. The governor makes a final appointment.

2. Participate in the interview process before the judicial nominating commission or committee. Usually the commission or committee interviews all applicants.

3. Attend an interview with the governor of the state (or her representative) if you become a finalist. On some level the interview is pro forma as many governors do not have direct knowledge of how the probate court operates.

4. Receive certification of appointment from the governor.

5. Attend swearing in as probate judge. Keep in mind that following a judicial appointment you stand for a retention vote every four or six years, depending on the laws of the state. That means voters have the choice of voting "yes" or "no" on the question of keeping you on the bench for another four- to six-year period of time. You do not campaign to be retained.

Selection

1. Apply to become a probate judge once you are elected or appointed to the bench. In some judicial districts, a person simply is appointed as a judge without a specific portfolio. In these jurisdictions, the chief or senior judge of the court determines what specific role a judge plays.

2. Interview with the chief or senior judge about your desire to serve as a probate judge as a member of the court.

3. Assume the position of probate judge when selected. Keep in mind that you still face a retention vote if appointed or the need to run for re-election. Moreover, the chief or senior judge has the power to reassign judges to different positions on the bench.

References

• "Advice and Consent: The Politics of Judicial Appointments"; Lee Epstein and Jeffrey A. Segal; 2007
• Minnesotans for Impartial Courts: Judicial Elections in Minnesota
• Washington Secretary of State: Nonpartisan Judicial Elections

Resources

• State of Kansas Judicial Branch: Office of Judicial Administration