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Mandatory Retirement for Judges Improved the Performance of US State Supreme Courts

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Listed:
  • Elliott Ash
  • W. Bentley MacLeod

Abstract

This paper provides evidence on how mandatory retirement influences judge performance using reforms in US state supreme courts as a natural experiment. We find that introducing mandatory retirement improves court performance as measured by output (number of opinions) and legal influence (number of citations to opinions). While older judges are cited less than younger judges, the effect of mandatory retirement is larger than what is expected from a change in the age distribution. We find some evidence that the additional effect is due to selective attrition and that the presence of older judges reduces the performance of younger judges.

Suggested Citation

  • Elliott Ash & W. Bentley MacLeod, 2024. "Mandatory Retirement for Judges Improved the Performance of US State Supreme Courts," American Economic Journal: Economic Policy, American Economic Association, vol. 16(1), pages 518-548, February.
    • Handle: RePEc:aea:aejpol:v:16:y:2024:i:1:p:518-48
    DOI: 10.1257/pol.20210667
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    More about this item

    JEL classification:

    • H76 - Public Economics - - State and Local Government; Intergovernmental Relations - - - Other Expenditure Categories
    • J14 - Labor and Demographic Economics - - Demographic Economics - - - Economics of the Elderly; Economics of the Handicapped; Non-Labor Market Discrimination
    • J24 - Labor and Demographic Economics - - Demand and Supply of Labor - - - Human Capital; Skills; Occupational Choice; Labor Productivity
    • J26 - Labor and Demographic Economics - - Demand and Supply of Labor - - - Retirement; Retirement Policies
    • K40 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - General

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