NCJ Number
62035
Journal
Judicature Volume: 61 Issue: 10 Dated: (MAY 1978) Pages: 477,482-484
Date Published
1978
Length
4 pages
Annotation
THE CONSTITUTIONALITY OF THE NUNN BILL, PROPOSED TO MAKE THE FEDERAL JUDICIARY MORE ACCOUNTABLE FOR ITS BEHAVIOR, IS SUPPORTED IN THIS CRITIQUE.
Abstract
CIRCUIT COURTS HAVE MADE FEW ATTEMPTS TO TAKE DISCIPLINARY ACTION AGAINST FEDERAL JUDGES, THUS DEMONSTRATING THE ADVANTAGE OF PLACING INVESTIGATIVE AND DISCIPLINARY POWERS IN A JUDICIAL BODY WITH NATIONAL-LEVEL POWERS. THE NUNN BILL (S.1423) PROPOSES THE CREATION OF A COMMISSION ON JUDICIAL CONDUCT TO INVESTIGATE, HOLD HEARINGS, AND RECOMMEND FURTHER PROCEEDINGS. IF A FORMAL HEARING IS NECESSARY, THE COMMISSION WILL REFER THE COMPLAINT TO A COURT ON JUDICIAL CONDUCT AND DISABILITY. THE COMMISSION AND COURT STRUCTURE WILL DISPOSE OF MANY GROUNDLESS COMPLAINTS AGAINST FEDERAL JUDGES AND WILL MAKE JUDGES MORE ACCOUNTABLE FOR THEIR BEHAVIOR. JUDICIAL INDEPENDENCE WILL NOT BE AFFECTED BY THE NUNN BILL; RATHER, THE WAY IN WHICH JUDGES BEHAVE WILL BE MONITORED. CONGRESS HAS CONSTITUTIONAL AUTHORITY TO CREATE A DISCIPLINARY MECHANISM WITHIN THE FEDERAL JUDICIARY FOR HANDLING MISCONDUCT SHORT OF IMPEACHABLE OFFENSES. THE NUNN BILL, AS ONE SUCH MECHANISM, IS ENDORSED IN PRINCIPLE BY THE AMERICAN BAR ASSOCIATION, THE AMERICAN JUDICATURE SOCIETY, AND THE AMERICAN ASSOCIATION OF ATTORNEYS GENERAL. CASE LAW IS CITED. (DEP)