NCJ Number
75993
Date Published
1979
Length
519 pages
Annotation
This joint hearing of the Subcommittee on Improvements in Judicial Machinery and the Subcommittee on the Constitution focuses on three proposals; S. 295, S. 522, and S. 678, which address discipline and tenure in the Federal judiciary.
Abstract
The first proposal, introduced by Senators DeConcini and Sam Nunn, is S. 295, the Judicial Tenure Act. Under this proposal, a procedure within the judicial branch would be created to deal with judges who fail to meet the standard of good behavior required under article III of the Constitution or who are unable to perform their duties due to disabling mental or physical infirmities. The second proposal, S. 522, the Judicial Council Amendments and Discipline Act, is introduced by Senator Bayh. This proposal is similar in purpose to S.295; however, the structure and possible results are different. The third proposal, S. 678, the Federal Courts Improvement Act, is introduced by Senator Kennedy. A part of this proposal relates to judicial discipline, and this section is compared to the other two bills. Testimony is presented regarding these proposals from a panel of journalists, a panel of judges, law professors, and the Chief Justice of the Arizona Supreme Court. In addition, prepared statements have been submitted by other judges, senators, and professors. Appended to these hearings are the proposed bills, articles addressing judicial independence and judicial rights, and miscellaneous materials.