In November New Mexico voters will decide whether to expand the state’s judicial disciplinary commission, called the Judicial Standards Commission, by adding a magistrate judge and an additional member of public. Currently the Commission has a 3-2-6 balance: 3 judges, 2 lawyers, and 6 non-attorney members of the public.
States vary in terms of the raw number and overall ratio between judges, lawyers, and laypersons. New Mexico and 11 other states give half or more seats to lay persons. Moreover, over half of states (27) put changes to the membership of these commissions into their state’s constitution while another 10 make the membership of these commissions subject to court rule.
Details below the fold
| State | Body | Membership set by | Judges | Lawyers | Laypersons | Others |
| Alabama | Judicial Inquiry Commission | Constitution (Amendment 328) | 4 | 2 | 3 | 0 |
| Alabama | Court of the Judiciary | Constitution (Amendment 328) | 3 | 2 | 0 | 0 |
| Alaska | Committee on Judicial Conduct | Constitution (Art. IV, Sec. 10) | 3 | 3 | 3 | 0 |
| Arizona | Commission on Judicial Conduct | Constitution (Art. 6.1, Section 1) | 6 | 2 | 3 | 0 |
| Arkansas | Judicial Discipline and Disability Commission | Constitution (Amendment 66) | 3 | 3 | 3 | 0 |
| California | Commission on Judicial Performance | Constitution (Art. 6, Sec. 8) | 3 | 2 | 6 | 0 |
| Colorado | Commission on Judicial Discipline | Constitution (Art. VI, Sec. 23) | 4 | 2 | 4 | 0 |
| Connecticut | Judicial Review Council | Statute (Conn. Gen. Stat. § 51-51k) | 3 | 3 | 6 | 0 |
| Delaware | Preliminary Committee of the Court on the Judiciary | Court rule (Del. Jud. Ct. R. 3) | 0 | 8 | 4 | 0 |
| Delaware | Court on the Judiciary | Constitution (Art. IV, Sec. 37) | 9 | 0 | 0 | 0 |
| Florida | Judicial Qualifications Commission | Constitution (Art. V, Sec. 12) | 6 | 4 | 5 | 0 |
| Georgia | Judicial Qualifications Commission | Constitution (Art. VI, Sec. VII, Para. V) | 2 | 3 | 2 | 0 |
| Hawaii | Commission on Judicial Conduct | Court rule (Rules of the Supreme Court of the State of Hawaii 8.1) | 0 | 3 | 4 | 0 |
| Idaho | Judicial Council | Statute (Idaho Code § 1-2101 & 1-2103) | 2 | 2 | 3 | 0 |
| Illinois | Judicial Inquiry Board | Constitution (Art. 6, Sec. 15) | 2 | 3 | 4 | 0 |
| Illinois | Courts Commission | Constitution (Art. 6, Sec. 15) | 5 | 0 | 2 | 0 |
| Indiana | Judicial Qualifications Committee | Constitution (Art. 7, Sec. 9) | 1 | 3 | 3 | 0 |
| Iowa | Judicial Qualifications Commission | Statute (Iowa Code 602.2102) | 1 | 2 | 4 | 0 |
| Kansas | Commission on Judicial Qualifications | Court Rule (Kan. Sup. Ct. Rule 602) | 6 | 4 | 4 | 0 |
| Kentucky | Judicial Conduct Commission | Constitution (Section 121) | 3 | 1 | 2 | 0 |
| Louisiana | Judiciary Commission | Constitution (Art. V, Sec. 25) | 3 | 3 | 3 | 0 |
| Maine | Committee on Judicial Responsibility and Disability | Court Rule (Me. R. Committee on Jud. Resp. & Dis. Order) | 2 | 2 | 3 | 0 |
| Maryland | Commission on Judicial Disabilities | Constitution (Art. IV, Sec. 4A) | 3 | 3 | 5 | 0 |
| Massachusetts | Commission on Judicial Conduct | Statute (MGL c. 211C) | 3 | 3 | 3 | 0 |
| Michigan | Judicial Tenure Commission | Constitution (Art. VII, Sec. 30) | 5 | 2 | 2 | 0 |
| Minnesota | Board of Judicial Standards | Statute (Minn. Stat. 490A.01) | 3 | 2 | 4 | 0 |
| Mississippi | Commission on Judicial Performance | Constitution (Art. 6, Sec. 177-A) | 4 | 1 | 2 | 0 |
| Missouri | Commission on Retirement, Removal and Discipline | Constitution (Art. V, Sec. 24) | 2 | 2 | 2 | 0 |
| Montana | Judicial Standards Commission | Constitution (Art. VII, Sec. 11) | 2 | 1 | 2 | 0 |
| Nebraska | Commission on Judicial Qualification | Constitution (Art. V, Sec. 28) | 4 | 3 | 3 | 0 |
| Nevada | Commission on Judicial Discipline | Constitution (Art. VI, Sec. 21) | 2 | 2 | 3 | 0 |
| New Hampshire | Supreme Court Committee on Judicial Conduct | Court Rule (Sup. Ct. R.39(2)) | 3 | 1 | 6 | 1 current/former clerk |
| New Jersey | Advisory Committee on Judicial Conduct | Court Rule (N.J. Court Rule 2:15-2) | 3 | 3 | 3 | 0 |
| New Mexico | Judicial Standards Commission | Constitution (Art. VI, Sec. 32) | 3 | 2 | 6 | 0 |
| New York | Commission on Judicial Conduct | Constitution (Art. VI, Sec. 22) | 4 | 1 | 6 | 0 |
| North Carolina | Judicial Standards Commission | Statute (N.C. Gen. Stat. 7A-375) | 5 | 4 | 4 | 0 |
| North Dakota | Commission on Judicial Conduct | Statute (N.D. Cen. Code. 27-23-02) | 2 | 1 | 4 | 0 |
| Ohio | Board of Commissioners on Grievances & Discipline | Court Rule (Ohio Gov. Bar. Rule V ) | 7 | 17 | 4 | 0 |
| Oklahoma | Court on the Judiciary, Trial Division | Constitution (Art. 7A, Sec. 2) | 8 | 1 | 0 | 0 |
| Oklahoma | Court on the Judiciary, Appellate Division | Constitution (Art. 7A, Sec. 2) | 8 | 1 | 0 | 0 |
| Oklahoma | Council on Judicial Complaints | Statute (20 Okl. St. 1653) | 0 | 2 | 1 | 0 |
| Oregon | Commission of Judicial Fitness and Disability | Statute (ORS 1.410) | 3 | 3 | 3 | 0 |
| Pennsylvania | Judicial Conduct Board | Constitution (Art. V, Sec. 18) | 3 | 3 | 6 | 0 |
| Pennsylvania | Court of Judicial Discipline | Constitution (Art. V, Sec. 18) | 4 | 2 | 2 | 0 |
| Rhode Island | Commission on Judicial Tenure and Discipline | Statute (R.I. Gen. Laws § 8-16-1) | 6 | 3 | 7 | 0 |
| South Carolina | Commission on Judicial Conduct | Court Rule (Rule for Judicial Disciplinary Enforcement 3) | 14 | 4 | 8 | 0 |
| South Dakota | Judicial Qualifications Commission | Statute (SDCL 16-1A-2) | 2 | 3 | 2 | 0 |
| Tennessee | Court of the Judiciary (renamed Board of Judicial Conduct in 2012) | Statute (Tenn. Code Ann. § 17-5-201) | 10 | 3 | 3 | 0 |
| Texas | State Commission on Judicial Conduct | Constitution (Art. V, Sec. 1-a) | 6 | 2 | 5 | 0 |
| Utah | Judicial Conduct Commission | Statute (Utah Code Ann. § 78A-11-103) | 2 | 2 | 3 | 4 legislators |
| Vermont | Judicial Conduct Board | Court rule (Vt. Disciplinary Control Rule 4) | 2 | 2 | 3 | 0 |
| Virginia | Judicial Inquiry and Review | Statute (Va. Code Ann. § 17.1-901) | 3 | 2 | 2 | 0 |
| Washington | Commission on Judicial Conduct | Constitution (Art. IV, Sec. 31) | 3 | 2 | 6 | 0 |
| West Virginia | Judicial Investigation Commission | Court Rule (W. Va. Jud. Disciplinary Proc., Rule 1.1) | 5 | 0 | 3 | 1 person may be mental hygiene commissioner, juvenile referee, special commissioner, special master, or former state or federal judge |
| West Virginia | Judicial Hearing Board | Court Rule (W. Va. Jud. Disciplinary Proc., Rule 3.1) | 3 | 3 | 3 | 0 |
| Wisconsin | Judicial Commission | Statute (Wis. Stat. 757.83) | 2 | 2 | 5 | 0 |
| Wyoming | Commission on Judicial Conduct and Ethics | Constitution (Art. 5, Sec. 6) | 3 | 3 | 6 | 0 |
