The California Supreme Court is on the ballot statewide this election. You don’t have to decide between candidates in these races, just whether to keep justices in their roles.
Why do we vote for state Supreme Court justices?
Elections for California Supreme Court justices work differently from trial court judges. These nonpartisan races are called retention elections, which are fairly common in the U.S. That means candidates aren’t running against each other to become Supreme Court justices in California, but voters are deciding whether sitting justices should keep their seats on the bench.
In California, Supreme Court justices are appointed by the governor and then subject to approval by the Commission on Judicial Appointments. Newly confirmed justices have to face voters at the next gubernatorial election and when they want another term.
What your vote means
Retention elections are “yes” or “no” — keep a justice on the bench or don’t.
Voting for the apex of the state’s justice system is largely about sending a message to our handful of justices.
“The idea behind a retention election was supposed to be [that] this was the people’s opportunity to vote out somebody who’s bad at their job,” said Bill Raftery, a senior analyst with the National Center for State Courts.
Lots of people have questioned whether it’s a good idea to subject the judiciary to elections because of concerns that it politicizes the roles. Proposals to stop voting on judges have failed over the years, including last year. In 2025, a state assemblymember introduced an amendment to scale back judicial elections, but the measure, ACA 8, was gutted and turned into California’s high-profile redistricting bill.
What does a state Supreme Court justice do?
- The California Supreme Court’s role is about settling major legal questions in state law. At this level, the seven justices have a lot of discretion over which cases to accept from appellate courts.
- A majority of justices have to agree for a decision — and they can choose to address specific issues in a case or decide it as a whole.
- They write about 50 opinions in a fiscal year.
- Their decisions establish precedents that lower courts must follow.
- Justices have the sole responsibility of deciding appeals involving the death penalty, disciplinary action against judges and attorneys, and rulings from the Public Utilities Commission.
- They also appoint people to certain state agencies and committees, such as the Commission on Judicial Performance and the California Habeas Corpus Resource Center.
Some things state Supreme Court justices don’t do
- Unlike other states, the California Supreme Court is not in charge of running the state’s overall legal system. That job belongs to the Judicial Council of California.
- Justices do not retry a case — that means they don’t hear live testimony, reassess witnesses’ credibility or facts, or accept new evidence.
- The court can hear cases involving federal law, but it can’t rule to overturn a federal law.
Fast facts
- Currently, the court has six justices because Gov. Gavin Newsom hasn’t filled a vacancy for almost a year.
- A justice’s term is 12 years, but new justices may serve less time on their first go-round if they take over a predecessor's term. There are no term limits.
- Technically, the only requirement to be a justice is at least 10 years of practicing law in California or serving as a judge in the state — but all nominees are formally evaluated.
What’s at stake?
Compared to county courts, the California Supreme Court is small. It’s rare for a justice to lose a seat, so your vote here is largely about sending a signal on whether you support what they’ve done.
The candidates
This election, California voters are being asked about retaining two sitting justices. Quick information about these justices’ records is limited — but their rulings are available online for free.
We’ve included their current job titles, court bios, rating at the time of confirmation and who they were appointed by. There appears to be no formal opposition to the retention bids.
The names appear below in the same order as the certified list of candidates.
Kelli M. Evans
Associate justice
- California Supreme Court: Justice Kelli M. Evans
- State Bar evaluation rating (2022): Well qualified
- Appointed by: Gov. Gavin Newsom
Joshua Groban
Associate justice
- California Supreme Court: Justice Joshua Groban
- State Bar evaluation rating (2018): Exceptionally well qualified
- Appointed by: Former Gov. Jerry Brown
More voter resources
- ‘Opinions’ (Judicial Council of California): This is a free lookup where you can read the California Supreme Court’s decisions.
- Visitors' Guide to the Supreme Court of California (California Courts): A pamphlet that explores how the state court works.