§22. Judges; Election; Vacancy
Section 22.(A) Election. Except as otherwise provided in this Section, all judges
shall be elected. Election shall be at the regular congressional election.
NOTE: Paragraph (B) eff. until ratification of the const. amend. proposed by Acts 2024, 3rd
Ex. Sess., No. 4.
(B) Vacancy. A newly-created judgeship or a vacancy in the office of a judge shall
be filled by special election called by the governor and held within twelve months after the
day on which the vacancy occurs or the judgeship is established, except when the vacancy
occurs in the last twelve months of an existing term. Until the vacancy is filled, the supreme
court shall appoint a person meeting the qualifications for the office, other than domicile, to
serve at its pleasure. The appointee shall be ineligible as a candidate at the election to fill
the vacancy or the newly-created judicial office. No person serving as an appointed judge,
other than a retired judge, shall be eligible for retirement benefits provided for the elected
judiciary.
NOTE: Paragraph (B) eff. upon ratification of the const. amend. proposed by Acts 2024, 3rd
Ex. Sess., No. 4.
(B) Vacancy. A newly-created judgeship or a vacancy in the office of a judge shall
be filled by special election called by the governor and held on the election date first
available pursuant to applicable law after the day on which the vacancy occurs or the
judgeship is established, except when the vacancy occurs in the last twelve months of an
existing term. If the date of the next gubernatorial or congressional election is within twelve
months of the date when the vacancy occurred, then the special election shall be held at the
next gubernatorial or congressional election, if the special election can be held on that date
in accordance with applicable law. Until the vacancy is filled, the supreme court shall
appoint a person meeting the qualifications for the office, other than domicile, to serve at
its pleasure. The appointee shall be ineligible as a candidate at the election to fill the
vacancy or the newly-created judicial office. No person serving as an appointed judge, other
than a retired judge, shall be eligible for retirement benefits provided for the elected
judiciary.
(C) End of Term. A judge serving on the effective date of this constitution shall
serve through December thirty-first of the last year of his term or, if the last year of his term
is not in the year of a regular congressional election, then through December thirty-first of
the following year. The election for the next term shall be held in the year in which the term
expires, as provided above.
Amended by Acts 1983, No. 728, §1, approved Oct. 22, 1983, eff. Nov. 23, 1983;
Acts 2024, 3rd Ex. Sess., No. 4, §1, See Act.