Judges political strategy 'resign-and-appoint' model

The scenario you are describing is a widely recognized political maneuver known as strategic retirement (or the "resign-and-appoint" model). When judges utilize this method to pass their seat to a preferred successor, it is often called judicial succession planning. [1, 2, 3, 4]

While the general term "clearing the field" applies here, the mechanics of how this works in the judiciary are unique and create massive advantages for the incoming judge. [5]

The Mechanics of the Maneuver

This strategy typically unfolds in states that use contested elections to choose judges: [6]
1. The Midterm Resignation: An incumbent judge who plans to retire chooses not to wait until the end of their term when an open election would take place. Instead, they resign early—often precisely timed around election filing deadlines. [6, 7, 8]

2. The Gubernatorial Appointment: The early resignation legally creates a temporary "vacancy". This triggers a state law allowing the governor to fill the seat by appointment rather than a public vote. [6, 7, 9]

3. Canceling or Rigging the Election: Depending on state laws, this move can drastically alter the democratic process:

• The Power of Incumbency: The appointed judge takes the bench immediately. When the next election finally occurs, they run not as a hopeful challenger, but with the immense advantages of an incumbent judge (name recognition, elite backing, and the title of "Judge" on the ballot).