Previously the chief justice was appointed by the Governor of Gibraltar on the advice of the British Foreign and Commonwealth Office.

Under the 2006 Constitution the Governor, on the advice of the Judicial Service Commission, makes the appointment on behalf of the Monarch.

Notable chief justices include Sir James Cochrane who held the post for over thirty years during the nineteenth century.

Chief Justice Derek Schofield on full pay pending the investigation and resolution of the ongoing conflict between him, Chief Minister Peter Caruana and leading members of the Gibraltar Bar Association stemming from the judicial reforms introduced through Gibraltar's new constitution and the Judicial Services Act.

[3] On 1 February 2010, The Convent announced that acting on the advice of the Judicial Services Commission, Governor Sir Adrian Johns had on behalf of Queen Elizabeth, formally appointed Anthony Dudley as Chief Justice of Gibraltar.