NCJ Number
53796
Journal
Chicago-Kent Law Review Volume: 54 Issue: 1 Dated: (1977) Pages: 29-44
Date Published
1977
Length
16 pages
Annotation
THE EFFICACY OF IMPEACHING JUDGES IS EXPLORED, AND A POSSIBLE ALTERNATIVE IN THE FORM OF A STATUTORY DISCIPLINARY AUTHORITY IS SUGGESTED WITH REGARD TO JUDICIAL TENURE.
Abstract
IN BOTH PRACTICAL AND LEGAL TERMS, IMPEACHMENT HAS NOT INSURED AND CANNOT EFFECTIVELY INSURE JUDICIAL COMPLIANCE WITH THE CONSTITUTIONAL GOOD BEHAVIOR STANDARD. THE FACT THAT REPEATED EFFORTS HAVE BEEN MADE BY SCHOLARS, JURISTS, AND LEGISLATORS TO DEVELOP A REASONABLE ALTERNATIVE TO IMPEACHMENT CAN BE VIEWED AS SUBSTANTIAL EVIDENCE THAT A NEED FOR IMPROVED JUDICIAL ACCOUNTABILITY EXISTS. THE JUDICIAL TENURE ACT WAS INTRODUCED IN CONGRESS BECAUSE OF THE NEED FOR A DISCIPLINARY MECHANISM OTHER THAN IMPEACHMENT. THIS ACT PROPOSES THE USE OF A STATUTORY DISCIPLINARY AUTHORITY TO WHICH JUDGES SHOULD BE ACCOUNTABLE. THE CONSTITUTIONALITY OF A GOOD BEHAVIOR APPROACH AND JUDICIAL INDEPENDENCE ARE DISCUSSED. CASE LAW IS REVIEWED. (DEP)