Removal of Judges

Removal of Judges

From the article “Judicial Appointments and Judicial Independence”, authored by Tom Ginsburg for the US Institute for Peace (January 2009):

“A key factor in ensuring judicial independence and accountability is a system to discipline and, in serious cases, remove judges who have engaged in misconduct. Elections (of Judges) clearly provide one means to remove judges who are misbehaving. In addition, there are two other models for removal: one involving some role for parliament and another involving a civil service model of internal discipline. The United Kingdom exemplifies the former while France and Italy are models of the latter.
Federal judges in the United States can be removed only through an impeachment process, which involves a judicial investigation and then a formal process by the legislature in which one house accuses the judge (“impeaches” ) and the other house decides whether or not to remove the judge. Complaints about judges are sent initially to the chief judge of circuit, then a special committee of judges, the Judicial Conference of the United States, and finally, if appropriate, to the House for impeachment proceedings.
This multi-stage process can lead to “encouraged” retirements before the impeachment process, and hence there have only been a handful of impeachment proceedings in United States history.

In the civil law tradition (exemplified by France), the discipline procedure involves, initially, allegations of misconduct to the head of the court. In the event of a finding of misconduct, the court will forward allegations to the Ministry of Justice, who further investigates the allegation. The actual process of removal is handled by the judicial council.

Grounds for removing judges vary in different systems. Typically, the basis of removal is misbehavior or incapacity. Misbehavior can include: commission of a crime, serious or repeated violations of codes of judicial ethics, or corruption. In the United States, the Constitution allows impeachment for treason, bribery, or serious crimes. Removal is very rare, however, having occurred only six times. Currently, there are preliminary impeachment proceedings against a Louisiana judge who is alleged to have sat in a trial in which lawyers gave him money.

(…) Iraq might consider a system of impeachment of judges by parliament in the event
of severe misconduct, corruption or criminal activity. A supermajority requirement would eliminate the threat of abuse and political attacks on the judiciary, while still allowing some accountability. Another alternative would be to incorporate public participation of citizens in the disciplinary proceedings in what has been termed “citizen review boards” to ensure transparency in the internal disciplinary proceedings of the judicial oversight commission.”

Remove judges from office

Judges may be suspended, removed from office, retired, or censured by the supreme court upon the recommendation of the commission on judicial conduct. The criteria and method of appointing judges and the procedures for their removal from office are topics which capture public attention and promote lively debate in the public, in some cases.

Removal of Federal Judges (Impeachment)

Impeachment is a rarely used method of removing judges. Though it does not expressly state in the United States Constitution that judges may be impeached and removed from office, they fall under the label. Judges may be removed following a judicial determi- nation that they have violated the “good behavior” provisions of their office.

Resources

See Also

Impeachment
Judicial self-appointment
Judicial councils
Judicial Independence
Judicial Elections
Judicial Appointments
International Court of Justice Judges

Further Reading

Educating Judges: Towards a New Model of Continuing …, Livingston Armytage – 1996.


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