NCJ Number
76305
Date Published
1980
Length
38 pages
Annotation
The Committee on Federal Legislation of the Association of the Bar of the City of New York critiques the Judicial Tenure Act (S. 1110) as reintroduced to the 94th Congress.
Abstract
S. 1110 proposes a procedure in addition to 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 II, Section 1 of the Constitution. The provisions of S. 1110 are analyzed and major substantive disagreements with the bill as drafted are presented. Constitutional and policy considerations underlying disagreements with S. 1110 are examined. Although there are well-reasoned arguments that the Constitution does not necessarily exclude removal of judges by means other than impeachment, historical analysis persuasively indicates that the framers of the Constitution were not unaware of the dangers inherent in allowing removal of unpopular judges by one or even a small group of judges and that judges required protection from other judges as well as from the legislative and executive branches. The Constitution, therefore, aims at solidifying judicial independence by limiting the means by which judges can be relieved of their powers. To expand those means beyond that expressly stated in the Constitution would violate its intent to scure judicial independence. The effort to improve the judicial system should focus on the shortcomings inherent in a system where judicial appointments, although made by the President, are sometimes the result of the compromises of local senatorial politics. Footnotes are provided.