The first time I voted, I skipped a question. It said something like, “Shall Justice [Name] be retained in office?”
I panicked. I didn’t know the person, didn’t want to mess up, and—like too many of us—I just moved on. Only later did I learn that this question was about Supreme Court retention, one of the most overlooked parts of our democracy.
I still cringe when I think about it. Voting is supposed to be power, but that day, I handed mine away simply because I didn’t understand the question.
So, What Is Supreme Court Retention, Anyway?
At its simplest, Supreme Court retention is a vote to decide whether a judge—usually a state Supreme Court justice—should stay in office after their term.
Unlike elections where candidates run against each other, retention votes are “yes or no” decisions. There’s no opposing candidate, no campaign trail—just one question: Should this judge keep their seat?
🧠 Did You Know?
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Most U.S. states use judicial retention elections for appellate and Supreme Court judges.
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The system was first adopted in Missouri in 1940, as part of what’s called the Missouri Plan, designed to reduce political influence in the courts.
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According to the Brennan Center for Justice, judges are retained about 98% of the time, but public awareness of these votes is startlingly low.
It’s democracy’s quiet corner—a place where the noise of politics fades, leaving only your informed judgment.
Why It Matters More Than You Think
Here’s the thing: the decisions made by Supreme Court justices ripple into everyday life—our schools, our workplaces, our rights.
When we vote to retain (or not retain) them, we’re essentially evaluating their fairness, integrity, and interpretation of the law. Yet, many of us treat it like the fine print on a contract—barely noticed.
I once heard someone say, “Judicial retention votes are where democracy whispers.” It stuck with me because it’s true.
But here’s the secret: those whispers add up. A single informed vote can support judicial independence or, when needed, hold power accountable.
My Mistake and What It Taught Me
The first time I skipped that question, I thought it didn’t matter. But a few years later, I learned that one of the justices on that ballot had ruled on a landmark case involving education funding in my state.
That’s when it hit me—I’d had a say in shaping that court, and I’d walked away from it. It felt like ignoring a note from the universe, an opportunity disguised as a line on a form.
Since then, I’ve made it a personal mission to never skip a retention vote again. I research. I read evaluations from nonpartisan groups. And every time I check that “yes” or “no” box, I feel a small jolt of pride—like I’m finally part of the process, not a spectator.
Become a Smarter Voter
Want to feel that same confidence? Try this short personal challenge before your next election:
🗳 The 3-Day Voter Awareness Experiment
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Day 1: Google “judicial retention [your state]” and find out which justices are on your next ballot.
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Day 2: Read one short summary of their recent rulings or performance reviews (usually available on your state’s judicial website or Ballotpedia).
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Day 3: Talk to one person—family, friend, or coworker—about what you learned. Share your thoughts. Listen to theirs.
By the end of those three days, you’ll feel more grounded, informed, and genuinely empowered. You’ll also help make judicial accountability more than just a checkbox—it becomes a conversation.
Common Questions About Supreme Court Retention
Q: Do Supreme Court justices campaign for retention?
A: Usually not. They may publish public statements or clarify their record, but full campaigns are rare—and discouraged—to keep courts impartial.
Q: What happens if a justice isn’t retained?
A: The seat becomes vacant, and the governor or a judicial nominating commission selects a new justice (depending on the state).
Q: Can federal Supreme Court justices be removed by retention vote?
A: No. Retention applies only to state Supreme Courts, not the U.S. Supreme Court. Federal justices serve for life unless they resign, retire, or are impeached.
The Power of the Smallest Box
That skipped ballot question taught me that civic power doesn’t always roar—it often whispers. Supreme Court retention may not make headlines, but it’s one of the purest expressions of public trust we have.
So next time you see that quiet question—“Shall Justice [Name] be retained?”—don’t skip it. Pause. Remember that your voice, though small, is the final word in justice.
And if you’ve ever skipped it like I did, I’d love to hear your story. What did you learn? Drop a comment below—let’s make democracy a little less silent.