Turnover and Tenure on State High Courts: Does Method of Selection Make a Difference?

Abstract

Scholars and practitioners alike have expressed great concern with turnover on the U.S. courts, but very little attention has been paid to the circumstances of state courts. This article explores the largely ignored circumstances of turnover on state high courts. On average, less than 7 percent of the justices retire or resign each year, while the average tenure on state high courts is just over eleven years. Significantly, although state justices do not possess life tenure, they exhibit lower turnover rates than federal appellate court judges. Furthermore, although the states vary in both turnover and tenure, neither is accounted for by formal method of selection. Turnover and tenure patterns are slightly better explained by regional factors, but much remains to be learned about the retirement and resignation decisions of state court judges.

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