Judicial Elections and Retention

How do judges initially win a seat on the bench 
and how do they continue to hold those seats?

When first selected for full terms of office, justices of the Supreme Court, judges of the statewide Superior 
and Commonwealth courts and judges of country Common Pleas courts run as a member of a political 
party.

After serving initial 10-year terms, those jurists who seek reelection do so through “retention elections” 
in which they are not affiliated with any political party. Retention is a nonpolitical method of reelecting 
Pennsylvania judges and is intended to be politically neutral as they do not require judges to engage in 
campaigning against other candidates.

Retention is specifically designed to keep judges out of the political fray while at the same time holding 
them accountable to the voters based on their overall records and performance in office. The intent is to 
provide a fair and nonpartisan way for the public to judge its judges.

In retention elections, judicial candidates do not participate in spring primary elections. Their names appear 
on the ballot only in November general elections. Voters are asked to vote “yes” or “no” on whether to 
reelect each judge seeking retention. The names of the candidates are listed on a separate area of the 
ballot, apart from individuals running for executive and legislative offices. No political affiliation is listed for 
retention candidates.

The Pennsylvania Bar Association seeks to help voters in retention elections by rating incumbent judges 
who are on the statewide ballot. Candidates are rated with “recommended” or “not recommended.” Those 
recommendations are based on investigations by the bar association’s Judicial Evaluation Commission, 
which reviews the record of each retention candidate and interviews lawyers and others familiar with the 
judge’s work and temperament. Some county bar associations provide similar ratings on Common Pleas 
court judges in their counties.

Retention does not apply to magisterial district judges. Those judges, who hear minor criminal cases and 
small claims cases, are elected to six-year terms and must be reelected to each new term in partisan 
contests. In Philadelphia, judges of the Municipal Court also serve six-year terms, but are reelected by 
retention.

Revised February 2017