Seniority Wins Peer Vote for Chief Justice

This article examines the characteristics prioritized by state supreme court justices when selecting a chief justice.

Background: While federal courts use seniority or appointment, many states rely on peer votes. The consequences of this method are not fully understood.

Theory & Methods: We analyze over 50 years of original contest data across different selection contests to understand the process better.

Findings:

• Peer vote default is often seniority rotation, regardless of ideology or divergence from court median.
• Ideological alignment with colleagues does not influence chief justice selection.
• There's no evidence of gender or racial discrimination against women or people of color.
• Dissent levels among justices impact their likelihood of being chosen as chief justice.

Implications: The findings highlight the prevalence and specific factors influencing this leadership selection mechanism.