comparative-law constitutional-law
Are there states other than Israel where judges appoint each other?
<p>In the state of Israel, new judges (at all levels) are appointed by a committee of 9 people, including 2 members of parliament, 2 representatives from the ministry of justice, and 2 representatives from the bar association, in addition to 3 supreme court justices. In order for a new judge to be approved, a majority of 7 members have to vote for them, effectively giving the 3 judges (who consistently vote as a bloc) the ability to veto any appointment they disagree with, thus the statement that the judges appoint each other.<br>
Are there any other countries where this is also true, even if it's using some other system?</p>

<p>Judicial appointments in England and Wales (plus courts that cover the whole of the UK) are made by the <a href="https://jac.judiciary.gov.uk/about-us">Judicial Appointments Commission</a>. This was set up in 2006 to improve the separation of powers in the UK, removing the ability of a government to select sympathetic judges. </p>

<p>The committee comprises</p>

<blockquote>
  <p>...the judiciary, the legal profession, non-legally qualified judicial office holders and the public. </p>
</blockquote>

<p>So it could be said that judges in the UK are to some extent self-selecting, but the commission responsible also has members who are not judges. </p>

<p>In Italy, to become a <em>magistrato</em> (judges and prosecutor) you have to pass a public examination, managed by an examination commission composed mostly by senior <em>magistrati</em>, plus a few law university professors, plus a couple of members of the bar. The commission itself is named by the <em>Ministro di Giustizia</em> (italian attorney general, a strictly political member of the Cabinet), but after a proposal by the <em>Consiglio Superiore della Magistratura</em>, which is a body for the self-governance of the Magistratura, elected by the Magistrati themselves. So, you may say that in Italy, judges appoint themselves.</p>
<p>I believe this is a framework which was somehow taken from France.</p>
<p>(It is different for the Supreme Court, whose members are named by the Italian Congress).</p>

<p>In Germany, the exact procedure depends on the level of government where the judges are appointed:</p>

<ul>
<li><p>Judges at the state (<em>Bundesland</em>) level (which are most judges) are chosen by the ministry of justice of the state in question, similar to other civil servants.</p></li>
<li><p>Judges at the federal level (<em>Bundesrichter</em>) are elected by a council (<em>Richterwahlausschuss</em>). The details vary by the type of judges elected, but usually the council consists of either members of parliament, or people elected by parliament. Judges for the constitutional court (<em>Bundesverfassungsgericht</em>) are elected directly by parliament.</p></li>
</ul>

<p>So sitting judges are not directly involved in the selection of new judges. </p>

<p>There is limited involvement: Courts have councils of judges (<em>Präsidialrat</em>), elected by the judges of the respective court. These councils must be heard before the appointment of a new judge (Deutsches Richtergesetz §55). However, they cannot appoint or even propose a new judge, they can only oppose a proposed appointment.</p>

<p><a href="/questions/tagged/united-states" class="post-tag" title="show questions tagged &#39;united-states&#39;" aria-label="show questions tagged &#39;united-states&#39;" rel="tag" aria-labelledby="united-states-container">united-states</a></p>
<p>In the United State federal court system, magistrate judges and bankruptcy judges are appointed by committees constituted by judges. This practice is expressly authorized by the United States Constitution.</p>
<p>Article II, Section 2, Clause 2 of the United States Constitution states (emphasis added):</p>
<blockquote>
<p>He shall have Power, by and with the Advice and Consent of the Senate,
to make Treaties, provided two thirds of the Senators present concur;
and he shall nominate, and by and with the Advice and Consent of the
Senate, shall appoint Ambassadors, other public Ministers and Consuls,
Judges of the supreme Court, and all <strong>other Officers of the United
States, whose Appointments are not herein otherwise provided for, and
which shall be established by Law: but the Congress may by Law vest
the Appointment of such inferior Officers, as they think proper</strong>, in
the President alone, <strong>in the Courts of Law</strong>, or in the Heads of
Departments.</p>
</blockquote>
<p>It is common in U.S. state courts for magistrates (basically deputy judges) to be appointed by the chief judge or a committee constituted by a chief judge of the court where the magistrate serves to be appointed by judges.</p>
