State supreme court

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In the United States, the state supreme court (known by other names in some states) is usually the highest state court in the state court system.

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.

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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 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. 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.

A unique procedure appears to operate in Iowa. In that state, all appeals are filed with the Supreme Court. That court then keeps all cases of first impression for itself to decide, then forwards the remaining cases, which deal with points of law it has already addressed, to the intermediate Court of Appeals.

Terminology

In New York, Maryland, and the District of Columbia, the highest court is called "Court of Appeals." In New York, the name Supreme Court is used for the trial court of general unlimited jurisdiction; and the court other states call "Court of Appeals" is called "Supreme Court - Appellate Division." Similarly, Maryland's jury trial courts are called "Circuit Courts" (non-jury trials are usually conducted by the "District Courts," whose decisions may be appealed to the Circut Courts), and its intermediate appellate court is called "Court of Special Appeals."

In West Virginia, the highest court of the state is called "Supreme Court of Appeals." The "Supreme Judicial Court" of the Commonwealth of Massachusetts, established in 1692, is the oldest appellate court of continuous operation in the Western hemisphere. It is governed by the world's oldest fully written constitution still in operation - the Constitution of Massachusetts, enacted in 1780.

Oklahoma and Texas have two separate highest courts, one for criminal appeals and one for civil cases - the former being called "Court of Criminal Appeals," and the latter, "Supreme Court." Delaware still maintains a separate Court of Chancery to hear final appeals on matters of equity, as distinct from matters of law. In all three states, however, the same chief and associate justices who sit on the civil or legal supreme court also sit in the same capacities on the criminal or equitable supreme court - so it's a case of these states have two separate high courts solely in name, not in practice.

List of states by method of selection of state supreme court justices

Partisan election

Non-partisan election

Election by the state legislature

Appointment by the Governor

Uses the Missouri Plan


List of state supreme courts


List of U.S. territories supreme courts

List of supreme courts of sovereign nations

See also

Footnotes

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