§ 17-4-101. Appointment by Governor — Length of Term — Vacancy — Confirmation
The governor shall appoint a qualified person to the supreme court, the court of appeals, or the court of criminal appeals:
For a full eight-year term whenever an incumbent judge of the supreme court, the court of appeals, or the court of criminal appeals fails to file with the state election commission a written declaration of candidacy or withdraws a declaration of candidacy within the deadlines established by § 17-4-106 or is not retained in a retention election held at the end of an eight-year term; or
To fill a vacancy occurring as a result of death, resignation, retirement, failure to be retained at a retention election held any time other than the end of an eight-year term, or otherwise.
The governor’s appointee shall not take office until the appointee has been confirmed by the general assembly by vote or by default as provided in this part.
Upon notice of an impending vacancy, the process of appointment and confirmation in accordance with this part may proceed; however, a confirmed appointee shall not take office until the vacancy actually occurs.
