Have you ever noticed that, in Michigan, sitting judges get their own sections on the ballot?
For example, in the Nov. 3 general election, there are 16 incumbent judges running for “incumbent” seats in Wayne County’s 3rd Circuit Court. In a separate section, one candidate is running for a “non-incumbent” seat and another is running for a partial term.
“If we’re serious about having our judges elected in this state, then it seems to me that these elections ought to be more than just window dressing.”
Kerry Kammer, a Democratic state senator in 1976
Why don’t these candidates just all run against each other?
That’s how it used to work. But a 1982 state law changed how we vote for judges in Michigan.
Contests that include a sitting judge appear under sections marked “Incumbent Position.” Races that don’t include a sitting judge — because the judge retired, died or it’s a new position — are labeled “Non-Incumbent Position.” Only races for a full term on the Michigan Supreme Court are exempt from this rule.
If you guessed that incumbent judges themselves came up with this change, you would be right.
A controversial practice
Judges lobbied heavily for the legislation. They argued that giving incumbents their own section on the ballot would allow them to focus on their work and avoid having to solicit campaign money, which could put them in ethically questionable positions.
“If you don’t give them some advantages, you leave them open to the predatory nature of the political system. … I don’t have any problems with the legislation I passed.”
Virgil C. Smith, former judge and state lawmaker
Former state Rep. Virgil C. Smith, a Detroit Democrat, sponsored a 1982 bill that eventually became law. He told United Press International at the time that the bill would help judges, who “have a lot more limitations on their ability to put a campaign together” than politicians do.
Proponents argued the practice would make it easier for newcomers to become judges. Lawyers who supported the change said it would give them a better shot at winning a position on the bench if they didn’t have to compete against sitting judges. They also said it would reduce the chances they would find themselves arguing a case in front of a former political opponent if they lost.
Critics argued the change would insulate incumbent judges, giving them an even bigger advantage over newcomers.
In 1976, then-state Sen. Kerry Kammer (D-Pontiac), criticized one of the early efforts to separate some judicial races by incumbency. “If we’re serious about having elections in this state, if we’re serious about having our judges elected in this state, then it seems to me that these elections ought to be more than just window dressing,” Kammer told the Lansing State Journal at the time.
State lawmakers ultimately sent Smith’s bill to Gov. William Milliken, who signed it into law in 1982. “Judges have used their awesome political power once again — this time to broaden a scheme to help many of them get re-elected,” read a Flint Journal story.
Smith went on to serve as a 3rd Circuit Court judge for 14 years before retiring in 2018. Speaking to Outlier Media in 2024, he reiterated that judges still deserve special treatment.
“If you don’t give them some advantages, you leave them open to the predatory nature of the political system,” he said. “I don’t have any problems with the legislation I passed.”
This story idea came from Outlier reader Elisa Gomez. Have a question about something that affects you or other Detroiters? Talk to a reporter through TXT OUTLIER: Text REPORTER to 67485, then send in your question.*
Editor’s note: This story, originally published in 2024, has been updated to reflect judicial races on the November 2026 ballot.
This article first appeared on Outlier Media and is republished here under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.