Judicial Reform in the American States: The Chief Justice as Political Advocate

Abstract

The state courts of last resort are vital components of American judicial system, disposing of many important legal matters. The chief justices of these courts serve consequential roles in these institutions. Although scholars have examined the selection and duties of states’ chief justices, their interactions with the elected branches are understudied. We focus on how chief justices on state high courts use their roles to encourage judicial reform. Specifically, we examine the determinants of chief justices’ successes or failures as advocates for their justice systems. To analyze why chief justices succeed or fail as reform advocates, we analyze the fate of reform proposals offered in state of the judiciary addresses. Our results indicate that greater ideological similarity between the state legislature and chief justice or state supreme court median increases the odds of an agenda item being enacted. We also find that the scope of a policy request influences the likelihood it will be granted.

Effects of selection regimes on state supreme court opinion writing

“…When justices are appointed, their opinions are less clear than nonappointed justices. The result is not surprising, as appointed justices owe their positions to their kingmakers, who are political elites, rather than rank‐and‐file voters (Brace, Langer, and Hall 2000; Wilhelm, Vining, and Hughes 2023).…”

“…To calculate the ideological distance between the justices and their constituents, I follow the steps outlined in Wilhelm, Vining, and Hughes (2023). To do this, I used the updated PAJID scores from Hughes, Wilhelm, and Wang (Forthcoming) as well as the citizen ideology scores of each state from Berry et al (1998).…”

Selecting Chief Justices by Peer Vote

“…And in Tennessee, Chief Justice Jeff Bivens expressed interest in criminal justice reform by noting, "I am proud to say that I am in talks with the governor, [house speaker, lieutenant governor], and chairmen of the legislative committees," adding, "We are very close to announcing the formation of a statewide task force that will undertake this effort" (Bennett 2017). Wilhelm et al (2020) find that state legislatures are less likely to approve judicial requests as the ideological distance between them and the chief justice increases. As a result of external political dynamics, Langer et al (2003, 660) argue that "the ability of the chief justice to create and maintain good relations with [the legislature and governor] affects institutional goals."…”