State supreme court vacancy count for January 2026

In this month's state supreme court vacancy update, Ballotpedia tracked announced retirements, nominations, appointments, confirmations, and the swearing-in of justices from Dec. 31, 2025, to Jan. 31, 2026. Ballotpedia tracks court vacancies in all 52 state supreme courts.

Justices sworn into office:

During January 2026, five justices were sworn into office.

On January 1, Junius P. Fulton III, was sworn into the Supreme Court of Virginia. The Virginia General Assembly appointed Fulton to the seat in April 2025 for a full 12-year term. Fulton replaced Bernard Goodwyn, who retired the same day. Prior to his appointment, Fulton served on the Virginia Court of Appeals (2021-2025) and the Fourth Judicial Circuit Court (1996-2021). At the time of his appointment, both chambers of the Virginia General Assembly had slim Democratic majorities. Fulton will serve until 2038, at which point the General Assembly will decide whether he may remain on the court.

On January 1, Colleen Melody was sworn into the Washington State Supreme Court. Melody is Gov. Bob Ferguson’s (D) first nominee to the nine-member court. Prior to her appointment, Melody led the Wing Luke Civil Rights Division in the Washington Attorney General‘s office. She was first appointed to that role in 2015 by then-Attorney General Bob Ferguson. Melody will serve until January 2027, unless she files and wins in this year's special election.

On January 2, Derek Vaughn was sworn into the Nebraska Supreme Court. Vaughn replaced Lindsey Miller-Lerman, who concluded a judicial career spanning more than 30 years in October 2025. Vaughn is Gov. Jim Pillen’s (R) third nominee to the seven-member court and the first Black justice to serve on the court. Prior to his appointment, Vaughn served as a judge on Nebraska’s Fourth County Court, a district court based in Douglas County, Nebraska. He will serve until January 2031, unless he wins retention in 2030.

On January 14, Adam Tanenbaum was sworn into the Florida Supreme Court. Tanenbaum replaced Charles Canady, who retired in late 2025. Prior to joining the court, Tanenbaum served on the Florida 1st District Court of Appeal from 2019 to 2026. He is Gov. Ron DeSantis' (R) eighth nominee to the seven-member supreme court. Tanenbaum will serve until 2029, unless he wins retention in 2028.

On January 30, Sanjay Tailor (D) was sworn into the Illinois Supreme Court. Tailor replaced Mary Jane Theis, who retired the previous day. His swearing-in occurred 18 days after the remaining members of the court appointed him to the seat. Under Illinois law, when a midterm vacancy occurs on the supreme court, the remaining justices appoint a successor. Once appointed, the justice must serve at least 60 days before appearing on the ballot in a partisan election for a full ten-year term. Prior to his appointment, Tailor served on the Illinois 1st District Appellate Court (since 2022) and the Cook County Circuit Court (since 2003).

Candidates nominated:

During January 2026, two nominees were named to the Vermont Supreme Court.

On January 5, Gov. Phil Scott (R) nominated Christina Nolan and Michael Drescher to the five-member court. The nominees would replace Karen R. Carroll and William Cohen, who left office in late 2025. The nominations marked Gov. Scott's fourth and fifth opportunities to select a justice for the court. Nolan is a former U.S. Attorney and was a candidate in the 2022 U.S. Senate election. Drescher also previously worked in Vermont's U.S. Attorney's office. On Jan. 29, 2026, the Vermont Senate Judiciary Committee voted unanimously to confirm Nolan and rejected Drescher's nomination by a one-vote margin. As of Jan. 31, 2026, Nolan had not yet been sworn in, and Scott had not announced a new nominee for the remaining vacancy.

Candidates appointed:

In January 2026, three candidates were appointed to three state supreme courts.

On January 12, Mary Jane Theis announced her retirement from the Illinois Supreme Court, effective at the end of the month. The same day, the court appointed Sanjay Tailor as her successor. Prior to his appointment, Tailor served as a judge on Illinois' First District Appellate Court and Cook County's Circuit Court. As of 2026, both Tailor and Theis were registered Democrats. At the time of Theis’ retirement, the Illinois Supreme Court consisted of five Democrats and two Republicans.

In Florida, Gov. Ron DeSantis (R) appointed Adam Tanenbaum to the Florida Supreme Court on Jan. 14, 2026. Prior to his appointment, Tanenbaum served on Florida’s First District Court of Appeal from 2019 to 2026. He was appointed to a term ending in 2029 and must win a 2028 retention election to remain on the court. Tanenbaum is DeSantis' eighth appointee to the seven-member court.

On January 22, Gov. Bill Lee (R) appointed Kyle Hixson to the Tennessee Supreme Court. Hixson has served as a state appellate court judge since 2022 and previously served on the Knox County Criminal Court from 2019 until 2022. He will replace Holly Kirby, who is retiring on June 30, 2026, and will take office upon her departure. Hixson is Lee's fourth appointee to the five-member court.

Justices sworn out and upcoming judicial retirements:

During January 2026, five justices retired from their respective state supreme courts, and one justice announced her upcoming retirement.

On Dec. 31, 2025, Charles Canady retired from the Florida Supreme Court. In his retirement announcement, Canady said he would leave the court to take a position at the University of Florida's Hamilton School for Classical and Civic Education. Canady was initially appointed to the court by Gov. Charlie Crist (R) in 2008 and was retained three times, in 2010, 2016, and 2022. His successor, Adam Tanenbaum, was sworn in 15 days after Canady's retirement.

In Washington, Mary Yu retired from the Washington State Supreme Court on Dec. 31, 2025. Yu was appointed to the court by Gov. Jay Inslee (D) in 2014. Prior to joining the state supreme court, she served on the King County Superior Court from 2000 to 2014. Yu was the first Asian American, Latina, and openly gay justice to serve on the Washington State Supreme Court. Her successor, Colleen Melody, took office the day after Yu retired from the court.

In Virginia, Bernard Goodwyn resigned as chief justice of the Supreme Court of Virginia on Jan. 1, 2026. Goodwyn was initially appointed by former Gov. Tim Kaine (D) in 2007 and served as chief justice of the court from 2022 until his retirement. His successor, Junius P. Fulton III, was sworn in the same day.

In Colorado, Justice Melissa Hart resigned from the Colorado Supreme Court, effective Jan. 5, 2026. Hart was appointed to the court by Gov. John Hickenlooper (D) in 2017. Prior to her tenure on the court, she worked as a professor at the University of Colorado Law School. Her replacement will be chosen through Colorado's assisted appointment process, with Gov. Jared Polis (D) making the final selection. This will be Polis' second opportunity to appoint a justice to the seven-member court. As of Jan. 31, 2026, Polis had not nominated a successor.

In Delaware, Justice Karen L. Valihura announced her retirement from the state supreme court. In a letter dated Jan. 5, 2026, Valihura announced she would not seek reappointment. Her term ends on July 25, 2026, giving Gov. Matt Meyer (D) his first opportunity to appoint a justice to the five-member court. As of Jan. 31, 2026, Gov. Meyer had not nominated a successor.

In Illinois, Justice Mary Jane Theis retired on Jan. 29, 2026, ending more than 40 years of judicial service. Theis was appointed to the court by the Illinois Supreme Court in 2010. She won a partisan election in 2012 and a retention election in 2022. At the time of her retirement, she was affiliated with the Democratic Party. The Illinois Supreme Court, which is composed of five Democrats and two Republicans, appointed her successor, Sanjay Tailor (D). He took office the day after Theis' retirement.

Other news:

On Jan. 31, 2026, Utah Gov. Spencer Cox (R) signed SB 134 into law. The bill, along with other reforms to the Utah judiciary, adds two justices to the Utah Supreme Court. This brings the total number of justices up from five to seven. With the expansion, Utah will join 28 other states that have seven justices on their court of last resort. As of Jan. 31, 2026, Gov. Cox had not announced nominees for the two additional seats.