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Pensions, Politics, and Judicial Tenure: An Empirical Study of Federal Judges, 1869--2002

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  • Albert Yoon

Abstract

When Article III judges conclude active service, they effectively abdicate their seat and enable the president and Senate to select a successor. Some judicial scholars have concluded that political factors--both within and across institutions--largely influence this decision. Analyzing judicial turnover, year by year, this article finds that judges have increasingly synchronized their departure from active service with qualifying for their judicial pension. By comparison, political and institutional factors appear to have little influence on turnover rates. These findings contradict much of the existing scholarship on judicial turnover and also offer more viable alternatives for judicial reform. Copyright 2006, Oxford University Press.

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  • Albert Yoon, 2006. "Pensions, Politics, and Judicial Tenure: An Empirical Study of Federal Judges, 1869--2002," American Law and Economics Review, American Law and Economics Association, vol. 8(1), pages 143-180.
    • Handle: RePEc:oup:amlawe:v:8:y:2006:i:1:p:143-180
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    File URL: http://hdl.handle.net/10.1093/aler/ahj003
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    Citations

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    Cited by:

    1. Chen, Daniel L. & Reinhart, Eric, 2016. "The Disavowal of Decisionism: Politically Motivated Exits from the U.S. Courts of Appeals," TSE Working Papers 16-721, Toulouse School of Economics (TSE), revised Feb 2017.
    2. Martín-Román, Ángel & Moral, Alfonso & Martínez-Matute, Marta, 2015. "Peer effects in judicial decisions: Evidence from Spanish labour courts," International Review of Law and Economics, Elsevier, vol. 42(C), pages 20-37.
    3. Crystal S. Yang, 2016. "Resource Constraints and the Criminal Justice System: Evidence from Judicial Vacancies," American Economic Journal: Economic Policy, American Economic Association, vol. 8(4), pages 289-332, November.
    4. Ross Stolzenberg, 2011. "Do Not Go Gentle Into That Good Night: The Effect of Retirement on Subsequent Mortality of U.S. Supreme Court Justices, 1801–2006," Demography, Springer;Population Association of America (PAA), vol. 48(4), pages 1317-1346, November.
    5. Claire Lim, 2009. "Turnover and Accountability of Appointed and Elected Judges," 2009 Meeting Papers 190, Society for Economic Dynamics.
    6. Joshua B. Fischman & Max M. Schanzenbach, 2011. "Do Standards of Review Matter? The Case of Federal Criminal Sentencing," The Journal of Legal Studies, University of Chicago Press, vol. 40(2), pages 405-437.
    7. Christensen, Robert K. & Szmer, John, 2012. "Examining the efficiency of the U.S. courts of appeals: Pathologies and prescriptions," International Review of Law and Economics, Elsevier, vol. 32(1), pages 30-37.
    8. repec:gig:joupla:v:4:y:2012:i:2:p:39-62 is not listed on IDEAS
    9. Romain Espinosa & Claudine Desrieux & Hengrui Wan, 2017. "Fewer courts, less justice? Evidence from the 2008 French reform of labor courts," Post-Print halshs-01634211, HAL.

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