This article originally appeared in The Detroit News September 29, 2026.

On election day, the pens of Michigan voters may run dry by the time we vote for a U.S. senator, governor, secretary of state, attorney general and state lawmakers, as well as deciding on two statewide proposals. It’s a crowded ballot.

But take a few moments for the judicial elections near the bottom of your ballot.

As in most states, Michigan judges are elected.

How does one decide who would make a good judge? Unlike lawmakers, who will tell you how they plan to vote, judges try not to prejudge cases. The Michigan Code of Judicial Conduct actually bars candidates from promising how they would handle matters likely to come before the court. Once a judge is on the bench, evaluating his or her decisions is not straightforward. A voter may dislike the outcome of a judge’s ruling, even if the judge decided it on the proper legal grounds.

Given this difficulty, many voters don’t even bother with judges. In November 2024, nearly 5.7 million Michigan voters cast a ballot in the Trump-Harris race. But only 4.2 million of them voted in two Michigan Supreme Court races — a 25% drop-off.

Court of Appeals judicial races also get little attention from voters. In fact, these races barely get attention from judicial candidates. There are 10 Michigan appellate judges on this year’s Nov. 3 ballot, all running as incumbents. Every one of them ran unopposed in the primary.

It’s worth the effort to get informed. Michigan Supreme Court justices serve eight-year terms; Court of Appeals judges serve six. In the last few years, Michigan’s high court has decided cases on Line 5, paid sick leave, tipped minimum wages, life sentences for 18-year-olds convicted of murder, auto no-fault liability and sex offender registration rules.

“It’s important for Michiganders to participate in judicial elections and research the candidates beforehand so they can make informed decisions,” said Zach Rudat, director of the Michigan Alliance for Legal Reform.

In addition to criminal cases, which get a lot of public attention, the state’s legal system has a “tremendous impact” on the economy, Rudat said. Litigation can inflate consumer costs, eating into a family’s budget.

“On a larger scale, our costly legal climate stifles job growth and discourages employer investment in Michigan, costing our state nearly 100,000 job opportunities every single year,” said Rudat. “That’s almost enough jobs to fill the Big House in Ann Arbor.”

Thankfully, there are educational resources to help voters. At Ballotpedia.org people can look up candidate biographies, endorsements, and the candidates’ public statements. The League of Women Voters offers Vote411.org with statements from judicial candidates.

Cory Eucalitto is the associate director at Ballotpedia. He told me that state judicial elections usually draw “minimal” attention. But that’s changed in recent years, as seen in a recent Wisconsin Supreme Court race that drew a combined $100 million.

“Even as judicial elections draw more attention, it can be hard for voters to understand where candidates stand,” Eucalitto said.

Voting for judges isn’t easy. In 2002, U.S. Supreme Court Justice Antonin Scalia acknowledged a tension in judicial elections: States empower voters to elect judges, then restrict what candidates can say about the issues voters care about. Even so, with a little work you can determine a candidate’s judicial philosophy, affiliations and reputation.

When you pick up your pen, don’t put it down until you vote for the judges on your ballot.

Permission to reprint this blog post in whole or in part is hereby granted, provided that the author (or authors) and the Mackinac Center for Public Policy are properly cited.