State of Justice: September Vacancies and Elections Updates
Justice William Hood to succeed Chief Justice Monica Márquez on Colorado Supreme Court
Justices on the Colorado Supreme Court selected Justice William Hood to succeed Chief Justice Monica Márquez when her term as chief justice concludes in August 2027, though she may remain on the court serving her regular duties as a justice until her current judicial term on the high court ends on January 10, 2034. Hood will serve as chief justice for a three-year term.
Public comments requested for applicants for Hawaiʻi Supreme Court vacancy
Twelve individuals applied for one vacancy on the Hawaiʻi Supreme Court. The applicants are Robert Brian Black, also known as R. Brian Black, executive director at the Public First Law Center; Lance Collins, a private practice attorney focused on business litigation; District Court Judge Rebecca Copeland; David Forman, professor of law and co-director of the Environmental Law Program at the William S. Richardson School of Law; Nickolas A. Kacprowski, partner at Dentons; Circuit Court Judge Shirley Kawamura; District Court Judge James Kawashima; Benjamin Lowenthal, a private practice defense attorney; Intermediate Court of Appeals Judge Sonja M. L. P. McCullen; Intermediate Court of Appeals Chief Judge Karen Nakasone; Robert Nakatsuji, a prosecutor; and Circuit Court Judge Catherine H. Remigio. The Hawaiʻi Judicial Selection Commission requested public comments on these applicants by October 5.
Utah Gov. Spencer Cox (R)’s sixth and seventh state supreme court appointees confirmed
In mid-September 2026, the Utah Senate confirmed two nominees to the state supreme court, attorney Michael Menssen and then-Judge Matthew Bell. Gov. Spencer Cox (R) nominated Menssen and Bell to replace Justice Diana Hagen, who resigned, and Chief Justice Matthew Durrant, who retired. Menssen previously worked in private practice at Mayer Brown, handling commercial litigation, labor and employment matters, and appeals. Bell previously served as a district court judge and assistant U.S. attorney in the District of Utah and as a trial attorney at the Department of Justice. With these two additions, five of the seven justices are men. Menssen and Bell were each confirmed 26–2, with two of the six Senate’s Democrats opposing them.
Elections
Justice Phil Berger, Jr. will not seek re-election to his seat in 2028
North Carolina Supreme Court Justice Phil Berger Jr. announced in early September that he will serve out his current term but would not seek reelection for another eight-year term in 2028. Serving on the court since 2021, Berger Jr. is the son of state Senate leader Phil Berger. Due to their familial ties, many have called on Berger Jr. to recuse himself when cases involving his father were before the court, but Berger Jr. has not, raising ethics concerns among critics. In his announcement, Berger Jr. said that he was considering “other ways” to serve North Carolinians.
Three seats currently held by Republicans—those of Berger Jr., Chief Justice Paul Newby, and Justice Richard Dietz—are scheduled to be on the ballot in 2028. At that time the ideological center of the court may be at play. Newby is ineligible to seek another full term because of the state’s mandatory retirement age. Some observers have speculated that Berger Jr. may be laying the groundwork for a campaign for chief justice, but he has not announced such a run.
