No Voice in Justice: How Virginia Citizens Lost the Right to Elect Their Judges
In the Commonwealth of Virginia, a silent crisis has been unfolding for nearly two centuries. Few citizens realize that they have been stripped of one of the most fundamental pillars of democracy: the right to choose the judges who hold extraordinary power over their lives.
Today, Virginia is one of only two states where the people have no direct vote or meaningful say in the selection or reappointment of judges. Instead, judges are chosen by political insiders behind closed doors — and once seated, they are nearly impossible to remove.
This is the story of how Virginia’s democracy was quietly dismantled. And why it matters now more than ever.
A Right Taken Away
In the early days of the Commonwealth, judges were elected directly by the people. Judicial elections were a core part of Virginia’s democratic vision, with the idea that courts must be answerable to the citizens they serve.
But in the mid-1800s, that vision changed.
Fearing what they called “erratic” and “emotional” decision-making by the public — especially after voting rights expanded beyond wealthy white men — the Virginia legislature shifted judicial selection to legislative appointments. Lawmakers, not citizens, would now choose judges.
Historians point to a pivotal factor: the rise of Black political power during Reconstruction. As newly freed Black Virginians gained the right to vote, political elites became deeply uncomfortable with the idea that these citizens might influence who sat on the bench. Judicial appointments became a tool to insulate the courts from what elites viewed as an unpredictable electorate.
The consequences of that decision still haunt Virginia today.
A System Without Accountability
Today, the appointment system operates largely in secret. Deals are made behind closed doors in the General Assembly. Political loyalty often matters more than fairness, competence, or public trust.
Once appointed, judges serve eight-year terms and are almost always reappointed with minimal scrutiny. Citizens are allowed to speak for just three minutes during public hearings — a process that is more performance than real participation.
Families who have suffered injustice at the hands of a bad judge often pour their hearts out at these hearings. Yet legislative committees rarely ask follow-up questions. There is no requirement that citizen testimony be considered. There is no meaningful process for removing a judge for misconduct unless it rises to a rare and extreme criminal level.
In effect, Virginia’s judges operate in a system where public input is ornamental, not operational.
Why It Matters
When citizens lose their voice in judicial selection, trust in the courts collapses.
Families involved in custody battles, civil lawsuits, criminal defense, and constitutional rights cases are all vulnerable. Judges make life-altering decisions every day — yet those impacted by those decisions have no power to hold them accountable.
This is not just a procedural issue. It is a direct assault on:
- Due process
- Democratic representation
- Basic civil rights
It affects budgets, public safety, education, family stability — every facet of community health.
A system that places judges above the people inevitably breeds injustice.
The Movement to Restore the Vote
A growing number of Virginians are now demanding change.
Organizations like the Center for the Rights & Protection of Children (CRPC), led by Erica Winslow, are educating citizens about this forgotten history. They argue that restoring popular elections for judges is essential to rebuild legitimacy, reduce political cronyism, and empower diverse voices.
“People deserve the right to participate in the selection of leadership for the judicial branch,” Winslow says. “Otherwise, we have a system where power is concentrated in the hands of the few, and justice becomes a privilege, not a right.”
Citizens across Virginia are joining forces to:
- Share information
- Organize awareness campaigns
- Demand legislative reform
- Fight for a constitutional amendment to restore judicial elections
The goal is simple: Give the courts back to the people.
Get Involved
For more information on how you can help restore democracy to Virginia’s judicial system, visit the Center for the Rights & Protection of Children at https://crpcwatch.org/. Learn how to take action, share resources, and be part of the movement to demand judicial accountability.
What’s Next
This is only the beginning.
In the next installment of our Broken Bench investigative series, Virginia Bay News will expose how judicial appointments are not just undemocratic — they are manipulated by political insiders to maintain control over the judiciary.
Coming Soon: Hijacked Democracy: How Political Appointments Keep Virginia’s Courts Corrupt.
If you or someone you know has been impacted by Virginia’s broken court system, contact Virginia Bay News Investigations. Your voice matters. Help us break the silence.
Virginia Bay News 
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