The simple answer is “most are not.” Most are appointed after their predecessor steps down mid-term. There is a simple reason this occurs so often. Judges know appointments have political value and can trade that value for something. When a Governor can appoint a replacement if a judge steps down before the end of the term, then the Governor has an opportunity to install a partisan judge. The Governor (or whatever person/group) who can make this appointment highly values the opportunity, and judges know it. This dynamic leads to backroom deals where the two parties agree to “scratch each other’s backs.” Such deals exclude the public from the process. Ultimately, the public has no representation and no recourse in selecting who prosecutes them and how.
For the public to remain in control of the law, there must be one layer of recourse from the creation and enforcement of laws. The people must elect all legislators, all chief law enforcement officers, and all judges. Once any aspect of that has been compromised, the public loses control, the state takes over, and the descension into tyranny begins.
In many states, the people rarely have an opportunity to elect a judge. The judges step down mid-term and get replaced. If a judge wishes to continue for another term, they are rarely opposed. Lack of opposition is because many attorneys see it as political suicide to run against an incumbent. Whether they win or lose, they will be blackballed. Judges generally run unopposed, and merely one vote will advance them to re-election. For the public to regain control, every judge election should have an option on the ballot to “vacate and replace with a special election.” With this dynamic, the people can oust the judges and install a judge of their choice, ending the otherwise never ending cycle of appointments that exclude the public from representation. Better yet, an amendment instituting term limits while stating that special elections are required to fill ANY judge position that comes open.
To retain control of the implementation and execution of the law, the people must have direct and timely recourse when a judge acts in a manner that doesn’t follow the Constitution or doesn’t represent the will of the people.
Petition your legislators (or become one) to create a state amendment stating:
A. No judges may be appointed
B. Judges have term limits
C. Special elections will be held for any judge who steps down mid-term
D. Judges must disclose party affiliations
E. Ballots will have an option to “vacate and replace with special election” if a judge runs unopposed. A “vacated” judge may not run again.