State supreme court
Encyclopedia
In the United States
, the state supreme court (also known by other names in various states) is the highest state court in the state
court system (i.e., that state's court of last resort).
Generally, the state supreme court, like most appellate tribunals, is exclusively for hearing appeals of legal issues. It does not make any finding of fact
s, and thus holds no trial
s. In the rare case where the trial court made an egregious error in its finding of facts, the state supreme court will remand to the trial court for a new trial. This responsibility of correcting the errors of inferior courts is the origin of a number of the different names for supreme courts in various states' court systems.
The court consists of a panel of judges selected by methods outlined in the state constitution
. State supreme courts are completely distinct from any United States federal courts
located within the geographical boundaries of a state's territory, or the federal United States Supreme Court (although appeals, on some issues, from judgments of a state's highest court can be sought in the U.S. Supreme Court).
, 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 Federal Constitution
) that gives rise to federal 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, derived from the common law, is that all litigants are guaranteed at least one appeal after a final judgment on the merits. However, appeal is merely a privilege provided by statute in 47 states and in federal judicial proceedings; the U.S. Supreme Court has repeatedly ruled that there is no federal constitutional right to an appeal.
Since a few states lack intermediate appellate courts, the state supreme court may operate under "mandatory review", in which it must hear all appeals from the trial courts. This is the case, for example, in Nevada. Such judicial systems are usually very congested.
Most state supreme courts have implemented "discretionary review," like their federal counterpart. Under such a system, intermediate appellate courts are entrusted with deciding the vast majority of appeals. For certain limited categories of cases, the state supreme court still operates under mandatory review, usually with regard to cases involving the interpretation of the state constitution or capital punishment
. But for the vast majority, the state supreme court possesses the discretion to grant certiorari
(known as review in states that discourage the use of Latin). These cases usually pertain to issues which different appellate courts within its jurisdiction have decided differently, or highly controversial cases involving a completely new legal issue never seen in that state.
Iowa
has a unique procedure for appeals. In that state, all appeals are filed with the Supreme Court, which then keeps all cases of first impression for itself to decide. It forwards the remaining cases which deal with points of law it has already addressed to the intermediate Court of Appeals.
Notably, the state supreme courts of New Hampshire, Virginia, and West Virginia operate under discretionary review for nearly all cases. The highest courts of New Hampshire and West Virginia simply do not have an intermediate appellate court between themselves and the trial court of general jurisdiction, while the intermediate Court of Appeals of Virginia
hears appeals as a matter of right only in family and administrative cases. The result is that there is no first appeal of right for the vast majority of civil and criminal cases in those three states.
Appellants are still free to petition for review, of course. But such petitions tend to be subject to severe length constraints, and are necessarily much more narrowly targeted (usually to one or two particularly prejudicial errors) than a long opening appellate brief to an intermediate appellate court (which may touch upon several alleged errors by the trial court). In turn, the vast majority of decisions of trial courts in those three states are thereby insulated from appellate review on the merits.
As for the court's actual facilities, a state supreme court may be housed in the state capitol, in a nearby state office building shared with other courts or state executive branch agencies, or in a small courthouse
reserved for its exclusive use. State supreme courts normally require a courtroom for oral argument, private chambers for all justices, a conference room, offices for law clerk
s and other support staff, a law library
, and a lobby with a window where the court clerk can accept filings and release new decisions in the form of "slip opinions" (that is, in looseleaf format held together only by a staple).
and Maryland
, and in the District of Columbia
, the highest court is called the "Court of Appeals". In New York, the "Supreme Court
" is the trial court
of general unlimited jurisdiction and the intermediate appellate court is called the "Supreme Court—Appellate Division
". 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 Circuit Courts), and the intermediate appellate court is called the "Court of Special Appeals
". West Virginia
mixes the two; its highest court is called the "Supreme Court of Appeals
".
Other states' supreme courts have used the term "Appeals": New Jersey
's supreme courts under the 1844 constitution and Delaware
's supreme court were both the "Court of Errors and Appeals
"; The term "Errors" refers to the now-obsolete writ of error, which was used by state supreme courts to correct certain types of egregious errors committed by lower courts.
and New Hampshire
originally named their highest courts the "Superior Court of Judicature." Currently, Massachusetts uses the names "Supreme Judicial Court
" (to distinguish itself from the state legislature, which is called the Massachusetts General Court
), while New Hampshire uses the name "Supreme Court
". Additionally the highest court in Maine
is named the "Supreme Judicial Court
". This similar terminology is probably a holdover from the time when Maine was part of Massachusetts. In Connecticut, Delaware, New Jersey, and New York, the highest courts formerly used variations of the term "Court of Errors," which indicated that the court's primary purpose was to correct the errors of lower courts.
and Texas
have two separate supreme courts: one for criminal appeals and one for civil cases - the former being called Court of Criminal Appeals, and the latter the Supreme Court.
); or a modified version of the last (such as the Missouri Plan
). Each method has its supporters and detractors, and at least one method (The Missouri Plan) was created specifically because of the contentiousness of another.
The Federal territories
of Guam
, Northern Mariana Islands
, American Samoa
, the U.S. Virgin Islands, and Puerto Rico
all empower the executive to appoint their judges. In the case of American Samoa, however, the executive is the United States Secretary of the Interior
, not the local governor.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, the state supreme court (also known by other names in various states) is the highest state court in the state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
court system (i.e., that state's court of last resort).
Generally, the state supreme court, like most appellate tribunals, is exclusively for hearing appeals of legal issues. It does not make any finding of fact
Fact
A fact is something that has really occurred or is actually the case. The usual test for a statement of fact is verifiability, that is whether it can be shown to correspond to experience. Standard reference works are often used to check facts...
s, and thus holds no trial
Trial (law)
In law, a trial is when parties to a dispute come together to present information in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court...
s. In the rare case where the trial court made an egregious error in its finding of facts, the state supreme court will remand to the trial court for a new trial. This responsibility of correcting the errors of inferior courts is the origin of a number of the different names for supreme courts in various states' court systems.
The court consists of a panel of judges selected by methods outlined in the state constitution
State constitution (United States)
In the United States, each state has its own constitution.Usually, they are longer than the 7,500-word federal Constitution and are more detailed regarding the day-to-day relationships between government and the people. The shortest is the Constitution of Vermont, adopted in 1793 and currently...
. State supreme courts are completely distinct from any United States federal courts
United States federal courts
The United States federal courts make up the judiciary branch of federal government of the United States organized under the United States Constitution and laws of the federal government.-Categories:...
located within the geographical boundaries of a state's territory, or the federal United States Supreme Court (although appeals, on some issues, from judgments of a state's highest court can be sought in the U.S. Supreme Court).
Appellate jurisdiction
Under American federalismFederalism
Federalism is a political concept in which a group of members are bound together by covenant with a governing representative head. The term "federalism" is also used to describe a system of the government in which sovereignty is constitutionally divided between a central governing authority and...
, 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
Federal question jurisdiction
Federal question jurisdiction is a term used in the United States law of civil procedure to refer to the situation in which a United States federal court has subject-matter jurisdiction to hear a civil case because the plaintiff has alleged a violation of the Constitution or law of the...
, which is to say, a specific issue (such as consistency with the Federal Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
) that gives rise to federal jurisdiction. Rulings of state supreme courts on such matters may be appealed directly to the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
.
One of the informal traditions of the American legal system, derived from the common law, is that all litigants are guaranteed at least one appeal after a final judgment on the merits. However, appeal is merely a privilege provided by statute in 47 states and in federal judicial proceedings; the U.S. Supreme Court has repeatedly ruled that there is no federal constitutional right to an appeal.
Since a few states lack intermediate appellate courts, the state supreme court may operate under "mandatory review", in which it must hear all appeals from the trial courts. This is the case, for example, in Nevada. Such judicial systems are usually very congested.
Most state supreme courts have implemented "discretionary review," like their federal counterpart. Under such a system, intermediate appellate courts are entrusted with deciding the vast majority of appeals. For certain limited categories of cases, the state supreme court still operates under mandatory review, usually with regard to cases involving the interpretation of the state constitution or capital punishment
Capital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
. But for the vast majority, the state supreme court possesses the discretion to grant certiorari
Certiorari
Certiorari is a type of writ seeking judicial review, recognized in U.S., Roman, English, Philippine, and other law. Certiorari is the present passive infinitive of the Latin certiorare...
(known as review in states that discourage the use of Latin). These cases usually pertain to issues which different appellate courts within its jurisdiction have decided differently, or highly controversial cases involving a completely new legal issue never seen in that state.
Iowa
Iowa
Iowa is a state located in the Midwestern United States, an area often referred to as the "American Heartland". It derives its name from the Ioway people, one of the many American Indian tribes that occupied the state at the time of European exploration. Iowa was a part of the French colony of New...
has a unique procedure for appeals. In that state, all appeals are filed with the Supreme Court, which then keeps all cases of first impression for itself to decide. It forwards the remaining cases which deal with points of law it has already addressed to the intermediate Court of Appeals.
Notably, the state supreme courts of New Hampshire, Virginia, and West Virginia operate under discretionary review for nearly all cases. The highest courts of New Hampshire and West Virginia simply do not have an intermediate appellate court between themselves and the trial court of general jurisdiction, while the intermediate Court of Appeals of Virginia
Court of Appeals of Virginia
The Court of Appeals of Virginia, established January 1, 1985, is an eleven-judge body that hears appeals from decisions of Virginia's circuit courts and the Virginia Workers' Compensation Commission. The Court sits in panels of at least three judges, and sometimes hears cases en banc...
hears appeals as a matter of right only in family and administrative cases. The result is that there is no first appeal of right for the vast majority of civil and criminal cases in those three states.
Appellants are still free to petition for review, of course. But such petitions tend to be subject to severe length constraints, and are necessarily much more narrowly targeted (usually to one or two particularly prejudicial errors) than a long opening appellate brief to an intermediate appellate court (which may touch upon several alleged errors by the trial court). In turn, the vast majority of decisions of trial courts in those three states are thereby insulated from appellate review on the merits.
Location
Traditionally, state supreme courts are headquartered in the capital cities of their respective states, though they may occasionally hold oral argument elsewhere. The six main exceptions are:- Louisiana, whose supreme court is headquartered in New Orleans' French Quarter.
- Maine, whose supreme court is headquartered in Portland.
- Pennsylvania, whose supreme court has facilities at three coequal locations (Harrisburg, Philadelphia, and Pittsburgh).
- Tennessee, whose state constitution requires its supreme court to sit at three coequal locations (Nashville, Knoxville, and Jackson).
- California, whose supreme court is headquartered in San Francisco and maintains only a branch office in the state capital, Sacramento.
- Alaska, whose supreme court is located in its largest city, Anchorage.
As for the court's actual facilities, a state supreme court may be housed in the state capitol, in a nearby state office building shared with other courts or state executive branch agencies, or in a small courthouse
Courthouse
A courthouse is a building that is home to a local court of law and often the regional county government as well, although this is not the case in some larger cities. The term is common in North America. In most other English speaking countries, buildings which house courts of law are simply...
reserved for its exclusive use. State supreme courts normally require a courtroom for oral argument, private chambers for all justices, a conference room, offices for law clerk
Law clerk
A law clerk or a judicial clerk is a person who provides assistance to a judge in researching issues before the court and in writing opinions. Law clerks are not court clerks or courtroom deputies, who are administrative staff for the court. Most law clerks are recent law school graduates who...
s and other support staff, a law library
Law library
A law library is a library designed to assist law students, attorneys, judges, and their law clerks and anyone else who finds it necessary to correctly determine the state of the law....
, and a lobby with a window where the court clerk can accept filings and release new decisions in the form of "slip opinions" (that is, in looseleaf format held together only by a staple).
Court of Appeals
Because state supreme courts generally hear only appeals, some courts have names which directly indicate their function in the states of New YorkNew York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
and Maryland
Maryland
Maryland is a U.S. state located in the Mid Atlantic region of the United States, bordering Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware to its east...
, and in the District of Columbia
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....
, the highest court is called the "Court of Appeals". In New York, the "Supreme Court
New York Supreme Court
The Supreme Court of the State of New York is the trial-level court of general jurisdiction in thestate court system of New York, United States. There is a supreme court in each of New York State's 62 counties, although some smaller counties share judges with neighboring counties...
" is the trial court
Trial court
A trial court or court of first instance is a court in which trials take place. Such courts are said to have original jurisdiction.- In the United States :...
of general unlimited jurisdiction and the intermediate appellate court is called the "Supreme Court—Appellate Division
New York Supreme Court, Appellate Division
The Supreme Court of the State of New York, Appellate Division is the intermediate appellate court in New York State. The Appellate Division is composed of four departments .*The First Department covers the Bronx The Supreme Court of the State of New York, Appellate Division is the intermediate...
". 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 Circuit Courts), and the intermediate appellate court is called the "Court of Special Appeals
Maryland Court of Special Appeals
The Maryland Court of Special Appeals is the intermediate appellate court for the U.S. state of Maryland. The Court of Special Appeals was created in 1966 in response to the rapidly growing caseload in the Maryland Court of Appeals. Like the state's highest court, the tribunal meets in the Robert C...
". West Virginia
West Virginia
West Virginia is a state in the Appalachian and Southeastern regions of the United States, bordered by Virginia to the southeast, Kentucky to the southwest, Ohio to the northwest, Pennsylvania to the northeast and Maryland to the east...
mixes the two; its highest court is called the "Supreme Court of Appeals
Supreme Court of Appeals of West Virginia
The Supreme Court of Appeals of West Virginia is the state supreme court of West Virginia, the highest of West Virginia's state courts. It is located in the state capital, Charleston....
".
Other states' supreme courts have used the term "Appeals": New Jersey
New Jersey
New Jersey is a state in the Northeastern and Middle Atlantic regions of the United States. , its population was 8,791,894. It is bordered on the north and east by the state of New York, on the southeast and south by the Atlantic Ocean, on the west by Pennsylvania and on the southwest by Delaware...
's supreme courts under the 1844 constitution and Delaware
Delaware
Delaware is a U.S. state located on the Atlantic Coast in the Mid-Atlantic region of the United States. It is bordered to the south and west by Maryland, and to the north by Pennsylvania...
's supreme court were both the "Court of Errors and Appeals
Court of Errors and Appeals
The Court of Errors and Appeals was the highest court in the U.S. state of New Jersey from the enactment of the state's 1844 constitution until the enactment of the state's 1947 constitution. The name of the court derived from its function of hearing appeals and correcting previous courts errors in...
"; The term "Errors" refers to the now-obsolete writ of error, which was used by state supreme courts to correct certain types of egregious errors committed by lower courts.
Older terminology
MassachusettsMassachusetts
The Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010...
and New Hampshire
New Hampshire
New Hampshire is a state in the New England region of the northeastern United States of America. The state was named after the southern English county of Hampshire. It is bordered by Massachusetts to the south, Vermont to the west, Maine and the Atlantic Ocean to the east, and the Canadian...
originally named their highest courts the "Superior Court of Judicature." Currently, Massachusetts uses the names "Supreme Judicial Court
Massachusetts Supreme Judicial Court
The Massachusetts Supreme Judicial Court is the highest court in the Commonwealth of Massachusetts. The SJC has the distinction of being the oldest continuously functioning appellate court in the Western Hemisphere.-History:...
" (to distinguish itself from the state legislature, which is called the Massachusetts General Court
Massachusetts General Court
The Massachusetts General Court is the state legislature of the Commonwealth of Massachusetts. The name "General Court" is a hold-over from the Colonial Era, when this body also sat in judgment of judicial appeals cases...
), while New Hampshire uses the name "Supreme Court
New Hampshire Supreme Court
The New Hampshire Supreme Court is the supreme court of the U. S. state of New Hampshire and sole appellate court of the state. The Supreme Court is seated in the state capital, Concord. The Court is composed of a Chief Justice and four Associate Justices appointed by the Governor and Executive...
". Additionally the highest court in Maine
Maine
Maine is a state in the New England region of the northeastern United States, bordered by the Atlantic Ocean to the east and south, New Hampshire to the west, and the Canadian provinces of Quebec to the northwest and New Brunswick to the northeast. Maine is both the northernmost and easternmost...
is named the "Supreme Judicial Court
Maine Supreme Judicial Court
The Maine Supreme Judicial Court is the highest court in Maine's judicial system. Known as the Law Court when sitting as an appellate court, it is composed of seven justices, who are appointed by the Governor and confirmed by the Maine Senate...
". This similar terminology is probably a holdover from the time when Maine was part of Massachusetts. In Connecticut, Delaware, New Jersey, and New York, the highest courts formerly used variations of the term "Court of Errors," which indicated that the court's primary purpose was to correct the errors of lower courts.
Dual supreme courts
OklahomaOklahoma
Oklahoma is a state located in the South Central region of the United States of America. With an estimated 3,751,351 residents as of the 2010 census and a land area of 68,667 square miles , Oklahoma is the 28th most populous and 20th-largest state...
and Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
have two separate supreme courts: one for criminal appeals and one for civil cases - the former being called Court of Criminal Appeals, and the latter the Supreme Court.
Methods of composition and practitioners
There are five specific methods of selecting judges to sit on the states' top courts, which can be consolidated into two related ones and one hybrid: Elections (popularly, with party involvement; the same without political party involvement; by the state legislature); selection by the state's chief executive (the governorGovernor (United States)
In the United States, the title governor refers to the chief executive of each state or insular territory, not directly subordinate to the federal authorities, but the political and ceremonial head of the state.-Role and powers:...
); or a modified version of the last (such as the Missouri Plan
Missouri Plan
The Missouri Plan is a method for the selection of judges. It originated in Missouri in 1940, and has been adopted by several states of the United States...
). Each method has its supporters and detractors, and at least one method (The Missouri Plan) was created specifically because of the contentiousness of another.
The Federal territories
United States territory
United States territory is any extent of region under the jurisdiction of the federal government of the United States, including all waters including all U.S. Naval carriers. The United States has traditionally proclaimed the sovereign rights for exploring, exploiting, conserving, and managing its...
of Guam
Guam
Guam is an organized, unincorporated territory of the United States located in the western Pacific Ocean. It is one of five U.S. territories with an established civilian government. Guam is listed as one of 16 Non-Self-Governing Territories by the Special Committee on Decolonization of the United...
, Northern Mariana Islands
Northern Mariana Islands
The Northern Mariana Islands, officially the Commonwealth of the Northern Mariana Islands , is a commonwealth in political union with the United States, occupying a strategic region of the western Pacific Ocean. It consists of 15 islands about three-quarters of the way from Hawaii to the Philippines...
, American Samoa
American Samoa
American Samoa is an unincorporated territory of the United States located in the South Pacific Ocean, southeast of the sovereign state of Samoa...
, the U.S. Virgin Islands, and Puerto Rico
Puerto Rico
Puerto Rico , officially the Commonwealth of Puerto Rico , is an unincorporated territory of the United States, located in the northeastern Caribbean, east of the Dominican Republic and west of both the United States Virgin Islands and the British Virgin Islands.Puerto Rico comprises an...
all empower the executive to appoint their judges. In the case of American Samoa, however, the executive is the United States Secretary of the Interior
United States Secretary of the Interior
The United States Secretary of the Interior is the head of the United States Department of the Interior.The US Department of the Interior should not be confused with the concept of Ministries of the Interior as used in other countries...
, not the local governor.
Supreme courts in the U.S. territories and federal district
- High Court of American SamoaHigh Court of American SamoaThe High Court of American Samoa is the highest court below the United States Supreme Court in American Samoa. The Court is located in the capital of Fagatogo. It consists of a Chief Justice and an Associate Justice, appointed by the United States Secretary of the Interior...
- District of Columbia Court of AppealsDistrict of Columbia Court of AppealsThe District of Columbia Court of Appeals is the highest court of the District of Columbia. Established by the United States Congress in 1970, it is equivalent to a state supreme court, except that its power derives from Article I of the U.S. Constitution rather than from the inherent sovereignty...
(formerly the "Municipal Court of Appeals") - Supreme Court of Guam
- Northern Mariana Islands Supreme CourtNorthern Mariana Islands Supreme CourtThe Supreme Court of the Commonwealth of the Northern Mariana Islands is the highest court of the United States Commonwealth of the Northern Mariana Islands , exercising civil and criminal appellate jurisdiction over commonwealth law matters...
- Supreme Court of Puerto RicoSupreme Court of Puerto RicoThe Supreme Court of Puerto Rico is the highest court of the Commonwealth of Puerto Rico, having judicial authority within Puerto Rico to interpret and decide questions of Commonwealth law. As the highest body of the judicial branch of the Puerto Rican government, it is analogous to one of the...
- United States Virgin Islands Supreme CourtUnited States Virgin Islands Supreme CourtThe Supreme Court of the Virgin Islands is the highest court in the territory of the United States Virgin Islands. The Supreme Court assumed jurisdiction over appeals from the Superior Court, a trial level court, on January 29, 2007. There are three Supreme Court justices who are each appointed...
Supreme courts of sovereign nations
- Supreme Court of the Cherokee Nation of Oklahoma (formerly the Judicial Appeals Tribunal)
- Supreme Court of the Eastern Band of Cherokee Indians (North Carolina)
- Supreme Court of the Navajo NationSupreme Court of the Navajo NationThe Supreme Court of the Navajo Nation is the highest judicial Native American authority of the Navajo Nation, the largest American Indian nation in the United States...
(formerly the "Court of Appeals")
See also
- United States court of appealsUnited States court of appealsThe United States courts of appeals are the intermediate appellate courts of the United States federal court system...
- United States district courtUnited States district courtThe United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...
- United States federal courtsUnited States federal courtsThe United States federal courts make up the judiciary branch of federal government of the United States organized under the United States Constitution and laws of the federal government.-Categories:...
- Supreme Court of the United StatesSupreme Court of the United StatesThe Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...