NCJ Number
53795
Journal
Chicago-Kent Law Review Volume: 54 Issue: 1 Dated: (1977) Pages: 1-27
Date Published
1977
Length
27 pages
Annotation
HISTORICAL TRENDS IN JUDICIAL DISCIPLINE ARE REVIEWED AS THEY PERTAIN TO EXECUTIVE ACTION, IMPEACHMENT, RECALL, REMOVAL, BAR ASSOCIATION INVOLVEMENT, AND THE EVOLUTION OF A JUDICIAL DISCIPLINARY COMMISSION.
Abstract
THE VARIETY OF METHODS EMPLOYED TO REMOVE JUDGES, SERVES AS A DETERRENT TO MISCONDUCT AND AS A REMEDY FOR PURIFYING THE JUDICIAL SYSTEM OF PERSONS WHOSE CONDUCT WARRANTS REMOVAL. TRADITIONAL METHODS FOR ENCOURAGING JUDGES TO COMPLY WITH ACCEPTABLE BEHAVIOR STANDARDS THROUGH THE THREAT OF REMOVAL INCLUDE EXECUTIVE ACTION, ADDRESS, IMPEACHMENT, RECALL, DEFEAT AT ELECTION, BAR ASSOCIATION ACTION, REMOVAL BY JUDICIAL ACTION AND ACTION BY A PERMANENT JUDICIAL DISCIPLINARY COMMISSION. EACH OF THESE METHODS IS EXAMINED IN DETAIL IN THE HOPE THAT JUDICIAL DISCIPLINE WILL BE BETTER UNDERSTOOD AND THAT MORE EFFECTIVE MEANS OF HANDLING JUDICIAL MISCONDUCT IN ORDER TO PROMOTE PUBLIC CONFIDENCE IN THE COURTS WILL BE DEVELOPED. THE INDEPENDENCE OF THE JUDICIARY WILL NEVER BE ATTAINED AS LONG AS JUDGES ARE SUBJECT TO REMOVAL ON INSUBSTANTIAL OR CAPRICIOUS GROUNDS. WHILE METHODS OF JUDICIAL DISCIPLINE MUST BE AVAILABLE TO PROTECT CITIZENS FROM ABUSE BY BIASED AND ARBITRARY JUDGES, SANCTIONS MUST NEVER BE APPLIED TO PRECLUDE A JUDGE FROM DECIDING CASES IN ACCORDANCE WITH HIS OR HER UNDERSTANDING OF THE LAW AND THE DICTATES OF CONSCIENCE. CASE LAW IS REVIEWED, AND DATA ON CONSTITUTIONAL AND LEGISLATIVE PROVISIONS RELEVANT TO JUDICIAL DECISION ARE TABULATED. (DEP)