State supreme court vacancy count for May 2026

In this month's state supreme court vacancy update, Ballotpedia tracked announced retirements, nominations, appointments, confirmations, and the swearing-in of justices from May 1 to May 31, 2026. Ballotpedia tracks court vacancies in all 52 state supreme courts.

Justices sworn into office:

During May 2026, one justice was sworn into a state supreme court.

On May 5, Vladimir P. Devens was sworn in as chief justice of the Hawaii Supreme Court. Devens has served on the court as an associate justice since his initial appointment by Gov. Joshua Green (D) in 2023. Hawaii is one of 21 states with a specific seat for the chief justice position, meaning Devens vacated his associate justiceship position the same day he was sworn in as chief justice.

Candidates nominated:

In May 2026, no candidates were nominated to any state supreme courts.

Candidates appointed and nominees confirmed:

In May 2026, one justice was elected to a state supreme court, and another was appointed.

In the May 16 special Republican primary election to replace former Justice William J. Crain on the Louisiana Supreme Court, state district judge William H. Burris (R) won outright over his competitor, state appellate court judge Blair Downing Edwards (R). As only Republican candidates filed for the seat, Burris was automatically elected as Crain's successor for the Louisiana Supreme Court District 1 seat without appearing on the general election ballot. As of May 31, Burris was still awaiting his swearing-in.
On May 19, Gov. Tim Walz (D) appointed Theodora Gaïtas to serve as the chief justice on the Minnesota Supreme Court. Like Hawaii and 19 other states, Minnesota has its own separate chief justice position, meaning Gaïtas will vacate her associate justice position on the same day. Gaïtas was appointed to replace outgoing Chief Justice Natalie Hudson, who announced in April that she would step down in September 2026. Gaïtas was initially appointed to the court as an associate justice by Walz in 2024. As of May 31, Gaïtas' replacement had not been announced.

Justices sworn out and upcoming judicial retirements:

During May 2026, two justices resigned from office, and two more announced their upcoming retirements.

On May 5, Justice Vladimir P. Devens was sworn out as an associate justice on the Hawaii Supreme Court. Devens was sworn out as associate justice on the same day he was sworn in as chief justice. He was initially appointed to the court by Green in 2023 and began serving in 2024. His term as chief justice of the court ends in 2034. To remain on the court, Devens will need to be reappointed by the governor of Hawaii. As of May 31, Green had not announced Devens' successor as associate justice.
On May 8, Justice Diana Hagen resigned from the Utah Supreme Court. Her resignation comes weeks after the Utah State House and Utah Senate leaders announced they would pursue investigations into the justice. Hagen was initially appointed by Gov. Spencer Cox (R) in 2022 and resigned just under four years into her term. Hagen’s vacancy comes months after Cox signed SB 134, a bill that, among other changes, added two more seats to the court. Hagen’s resignation from the court gives Cox his third opportunity to appoint a justice this year, and his sixth opportunity overall. As of May 31, Cox had not yet announced her successor.
Theodora Gaïtas was announced as the incoming chief justice of the Minnesota Supreme Court on May 19, 2026. Because Minnesota's chief justice serves in a specific position, Gaïtas effectively announced her retirement as an associate justice from the court the same day. Her seat will become vacant effective October 1, once she is sworn in as chief justice. Gaïtas was initially appointed to the court by Walz in 2024 and was scheduled to appear on the ballot in a nonpartisan election in November 2026. Following her appointment, she will next be on the ballot in 2028.
On May 22, Chief Justice Matthew Durrant announced his resignation from the Utah Supreme Court effective August 31, 2026. Utah, unlike Hawaii and Minnesota, does not have a specific seat on the court for the chief justice; rather, justices hold a chamber vote to elect the chief justice for a set term. Cox will have the opportunity to appoint Durrant's successor, who will assume the position of associate justice upon joining the court. Durrant's departure means the Utah Supreme Court will have its fourth opening within nine months. Durrant’s successor will be Cox's seventh appointee to the seven-member state supreme court. As of May 31, Cox had not yet announced Durrant's successor.

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