NCJ Number
146891
Date Published
1993
Length
138 pages
Annotation
In this study, the growth of the Federal judiciary is examined. Information is presented on judges who have resigned from the bench over the last 200 years and the reasons that they resigned.
Abstract
This study was undertaken in light of the indictment and prosecution of five sitting Federal judges and the removal of three of them from office. It seeks to put these cases, which appear to represent an upswing in judicial misconduct, into historical perspective. For the 80 years prior to 1919, the law made no provision for retirement from the bench with compensation. The authors are interested in those judges who nevertheless resigned or retired for reasons of age or health during that period. The impact of the legislative provisions for retirement and disability on the problem of incompetent judges is addressed. The growth of the Federal Article III judiciary from the 19 judgeships created by the Judiciary Act of 1789 to the 829 positions authorized at the time of this study is examined. An overview of judicial resignations over time is provided as well as a general discussion of the major reasons judges have resigned. Judicial resignations following allegations of misbehavior are examined more closely including those that led to congressional investigations, Justice Department investigations and local prosecutions. The implications of threats of punishment on judicial accountability and judicial independence are addressed. Recommendations for further study are made. 3 figures