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In the United States, the state supreme court (known as the supreme judicial court in some states) is usually the highest court in the state court system. (See also supreme court.)
Overview
Generally, the state supreme court is exclusively for hearing appeals of legal issues. It does not do any finding of facts, and thus holds no trials. In the rare case where the trial court made an egregious error in its finding of facts, the supreme court will remand to that court for a new trial.
The court consists of a panel of judges, either appointed by the state governor, or elected by the state legislature or the people for a limited term. Some states use what is known as the Missouri Plan under which the governor appoints a judge for a single term who must then receive voter approval for any successive terms.
Under the American system of federalism, 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 U.S. Constitution) that gives cause for federal court jurisdiction. Rulings of state supreme courts on such matters may be appealed directly to the Supreme Court of the United States.
In New York and Maryland, the highest court of the state is called the Court of Appeals. (In New York, the name Supreme Court is used for a trial court.) In West Virginia, the highest court of the state is called the Supreme Court of Appeals. Oklahoma and Texas have two separate highest courts, one for criminal appeals and one for civil cases. The former is called the Court of Criminal Appeals. The latter is called the Supreme Court.
States with Partisan Elections
- Alabama, Arkansas, Indiana, Illinois, Louisiana, Mississippi, New Mexico, New York, North Carolina, Pennsylvania, Tennessee, Texas, West Virginia
States with Non-partisan Elections
- Arizona, Florida, Georgia, Idaho, Kentucky, Michigan, Minnesota, Montana, Nevada, North Dakota, Ohio, Oregon, South Dakota, Washington, Wisconsin
States with election by the Legislature
States with Appointment by the Governor
States using the Missouri Plan
- Alaska, California, Colorado, Indiana, Iowa, Kansas, Missouri, Nebraska, Oklahoma, Utah, Wyoming
List of state supreme courts
- High Court of American Samoa
- District Court of Guam, Appellate Division
- Navajo Nation Supreme Court (formerly the Court of Appeals)
- Northern Mariana Islands Supreme Court
- Puerto Rico Supreme Court
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