State Court Systems in the U.S.

State Court Systems

Overview of State Court Systems

• The US has both federal and state court systems.

• Each state and territory has its own state court system.

• The structures of state court systems are fairly similar across states and mirror the federal court system in many ways.

Structure of State Courts

• Court of First Instance/Trial Court:

  • Hears cases initially.

  • State courts often divide the business of these courts in a more specific way than federal courts.

    • Examples:

      • Family Courts: Divorce and child support.

      • Probate Courts: Inheritance.

      • Juvenile Courts: Criminal cases involving minors.

• Intermediate Appellate Court:

  • Some states have two such courts stacked in hierarchy.

  • Many states have just one, similar to the federal system.

• State Supreme Court:

  • Located at the top of the judicial hierarchy.

  • Names can be confusing (e.g., Supreme Judicial Court in Massachusetts, New York Court of Appeals in New York).

Example: Massachusetts Court System

• Massachusetts Supreme Judicial Court (SJC):

  • The final arbiter of all matters relating to Massachusetts law.

  • Lawyers often refer to it as the SJC.

• Appellate Court:

  • Sits in three-judge panels, like the Federal Circuit Courts.

• Massachusetts Trial Court (Trial Court of the Commonwealth):

  • Subdivided based on case type.

  • Consists of seven departments:

    • District Court Department of the Trial Court.

    • Boston Municipal Court Department of the Trial Court.

    • Superior Court Department of the Trial Court.

    • Probate and Family Court Department of the Trial Court.

    • Housing Court Department of the Trial Court.

    • Land Court Department of the Trial Court.

    • Juvenile Court Department of the Trial Court.

Nuances and Specializations

• Specific state courts may have unique jurisdictions or approaches (e.g., Boston Municipal Court jurisdiction).

• As a legal career becomes more specialized, the specific state and court matter greatly.

• Lawyers may focus on federal courts or specialize in a particular state's laws.

• Collaboration with local counsel is common in unfamiliar jurisdictions.

Hierarchy and Deference

• Trial courts are the main finders of fact.

• Intermediate appellate courts and state Supreme Courts defer heavily on factual findings.

• Hierarchy matters:

  • Intermediate appellate courts are bound by the state Supreme Court.

  • Trial courts are bound by the intermediate appellate courts.

• Understanding these hierarchies is vital for understanding state law.

Judicial Elections

• The U.S. is an outlier in judicial elections.

• 90% of state judges face popular elections.

• Forms vary:

  • Partisan judicial elections (primary and general elections).

  • Merit selection (judicial nominating committee).

  • Retention elections (combined with merit selection).