NCJ Number
76303
Date Published
1980
Length
842 pages
Annotation
Testimony bearing upon bills affecting judicial tenure and discipline is presented before the Subcommittee on Courts, Civil Liberties, and the Administration of Justice of the House Committee on the Judiciary of the 96th Congress.
Abstract
A number of the bills under consideration propose means in addition to constitutionally mandated impeachment for the retirement of disabled justices and judges of the United States whose conduct is or has been inconsistent with the good behavior required by Article III, Section 1 of the Constitution. Those favoring the development of mechanisms other than impeachment for disciplining and removing judges point out that impeachment as the sole means of removing Federal judges from the bench is so cumbersome and impractical that there is virtually an absence of effective means for enforcing the 'good behavior' required of judges by the Constitution. Mechanisms within the judicial branch whereby judges would censure and possibly remove other judges are proposed. Those arguing against legislation that would provide for such removal of judges maintain that these proposals threaten the independence of individual judges, a principle clearly advocated and mandated in the Constitution. Impeachment as the sole means of terminating a judge's power is viewed by these witnesses as intended by the framers of the Constitution so as to secure judges against removal except for misbehavior sufficiently grievous to warrant impeachment. Tests are provided for the following bills: H.R. 622, H.R. 1227, H.R. 4044 (title I, Parts C and E only), H.R. 4115, H.R. 4641, H.R. 5873, H.R. 6330, and S. 1873. Witnesses' written statements and supplemental materials are appended.