How do judges enter the judiciary in Anglo-American legal systems?

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In Anglo-American legal systems, individuals do not enter the judiciary through competitive examinations or a specialized career track. Instead, becoming a judge is typically a promotion from the ranks of the legal profession after a significant period of private practice, government service, or law teaching.123

The methods of entry vary by jurisdiction:

  • Appointment: In England and Wales, an appointive system prevails for all levels of the judiciary, managed by the Judicial Appointments Commission. In the United States, federal judges and many state judges are appointed by the chief executive (president or governor), generally subject to legislative approval.13
  • Election: In many U.S. states, judges are popularly elected through either partisan or nonpartisan ballots.13
  • The Missouri Plan: This hybrid method uses a nominating commission to screen and recommend qualified candidates to an appointing authority. Once appointed, the judge serves a probationary period before standing for a retention ballot, where they are judged solely on their own record rather than against an opponent.13

There is no standard pattern of promotion; individuals may be appointed or elected to high-level courts without prior judicial experience.13