NCJ Number
17723
Journal
Saint Louis University Law Journal Volume: 18 Issue: 4 Dated: (SUMMER 1974) Pages: 533-562
Date Published
1974
Length
30 pages
Annotation
DISCUSSION OF THE SUPREME COURT'S 'HANDS-OFF' ATTITUDE TOWARD CONTROL OF THE STATE JUDICIARY AND THE RESULTING CHALLENGE PRESENTED TO THE STATES TO POLICE THEIR OWN MINOR JUDICIARY.
Abstract
ALSO EXAMINED ARE THE OPTIONS REMAINING TO THE COURT SHOULD THE LOWER STATE COURT JUDGES IGNORE ITS DECISIONS. THE DIFFERENT MEANS BY WHICH THE SUPREME COURT MAY RECTIFY UNCONSTITUTIONAL ACTIONS OF STATE JUDGES ARE FIRST IDENTIFIED AND EXPLAINED. THEY INCLUDE APPELLATE REVIEW, HABEAS CORPUS, DAMAGE ACTIONS, EQUITABLE RELIEF (IN THE FORM OF FEDERAL INJUNCTIONS AND DECLARATORY JUDGEMENTS), REMOVAL OF CASES FROM STATE TO FEDERAL COURT, AND CRIMINAL PROSECUTION OF JUDGES. ALTHOUGH SECTION 1983 OF THE CIVIL RIGHTS ACT OF 1871 PROVIDES THAT EVERY PERSON ACTING UNDER COLOR OF STATE LAW WHO DEPRIVES ANOTHER OF HIS CONSTITUTIONAL RIGHTS IS LIABLE TO THE PARTY INJURED, THE AUTHOR SUGGESTS THAT THE SUPREME COURT IS RELUCTANT TO INTERFERE WITH THE STATE JUDICIARY DUE TO A GENERAL BELIEF THAT THE STATES ARE EQUAL PARTNERS IN ENFORCING CONSTITUTIONAL RIGHTS. COURT RULINGS ILLUSTRATING THIS STAND ARE CITED, SUCH AS PIERSON V. RAY (1967) WHICH HELD THAT SECTION 1983 DID NOT INTEND TO ABROGATE THE ABSOLUTE IMMUNITY GIVEN JUDGES BY THE COMMON LAW, AND O'SHEA V. LITTLETON (1973) WHICH HELD THAT FEDERAL INJUNCTIVE RELIEF AGAINST UNCONSTITUTIONAL ACTIONS BY STATE JUDGES WAS AN IMPROBABLE REMEDY. THE AUTHOR CONTENDS, HOWEVER, THAT SECTION 1983 CAN STILL BE UTILIZED IN SOME CASES TO AFFORT RELIEF TO VICTIMS OF UNCONSTITUTIONAL JUDICIAL ACTION. HE CITES SEVERAL EXCEPTIONS TO JUDICIAL AND QUASI-JUDICIAL IMMUNITY FROM DAMAGE ACTIONS AND DISCUSSES POSSIBLE INSTANCES OF EQUITABLE RELIEF AGAINST JUDGES UNDER SECTION 1983. A REVIEW OF STATE OPTIONS TO FEDERAL DAMAGE ACTIONS AND INJUNCTIONS CONSIDERS NON-JUDICIAL REMEDIES (SUCH AS IMPEACHMENT AND JUDICIAL COMMISSIONS) CIVIL REMEDIES, AND CRIMINAL SANCTIONS. FUTURE OPTIONS IDENTIFIED FOR FEDERAL LEGISLATIVE ACTION INCLUDE THE POSSIBILITY OF CIVIL DAMAGE SUITS, CRIMINAL LIABILITY, AND LIABILITY OF THE STATES AND THEIR POLITICAL SUBDIVISIONS. SUGGESTED STATE SOLUTIONS INVOLVED DELINEATING STATUTORY CAUSES OF ACTION AND HAVING THE STATE SUPREME COURT PROMULGATE CONSTITUTIONALLY REQUIRED PROCEDURAL RULINGS.