NCJ Number
67873
Date Published
1979
Length
39 pages
Annotation
A LEGISLATIVE ANALYSIS SUMMARIZING EVENTS THAT BEAR ON THE INDEPENDENCE OF THE JUDICIARY AND THE ACCOUNTABILITY OF FEDERAL JUDGES IS PRESENTED; RELATED PROPOSALS BEFORE CONGRESS ARE HIGHLIGHTED.
Abstract
THE CONTINUING DEBATE OVER JUDICIAL DISCIPLINE CENTERS ON THE FOLLOWING ISSUES: WHETHER IMPEACHMENT IS THE EXCLUSIVE METHOD OF REMOVING OFFENDING FEDERAL JUDGES; WHETHER CONGRESS CAN DETERMINE THE MEANING OF GOOD BEHAVIOR STANDARDS SET FORTH IN THE CONSTITUTION; AND WHETHER CONGRESS CAN IMPLEMENT DISCIPLINE AND REMOVAL MECHANISMS THAT ARE CONSTITUTIONALLY VALID. PROPONENTS WHO WISH TO EMPLOY ALTERNATIVES TO IMPEACHMENT SEEK THE ENACTMENT OF LEGISLATION SO THAT THE SUPREME COURT CAN RENDER A DEFINITIVE RULING ON THE CONSTITUTIONALITY OF SUCH ALTERNATIVES. OPPONENTS CONTEND THAT CONGRESS HAS A RESPONSIBILITY TO AVOID ENACTMENT OF SUCH LEGISLATION IF IT MAY BE UNCONSTITUTIONAL. THE FIRST CONSTITUTIONAL AMENDMENT TO PROVIDE AN ALTERNATIVE TO REMOVAL BY IMPEACHMENT WAS PROPOSED IN 1791; THE MOST RECENT WAS PROPOSED IN 1977, BUT WAS NOT ACTED UPON BEFORE THE CLOSE OF THE 95TH CONGRESS. PROPOSALS PENDING BEFORE CONGRESS FOCUS ON ABSOLUTE LIMIT ON TENURE, MANDATORY RETIREMENT, LIMITED TERMS SUBJECT TO REAPPOINTMENT, EARLIER VOLUNTARY RETIREMENT, AND DISCIPLINE OR REMOVAL BY MEANS OTHER THAN IMPEACHMENT. SOME ISSUES IN THE CONTROVERSY OVER JUDICIAL TENURE AND DISCIPLINE ARE RAISED BY THE REMEDIES ADVOCATED. THESE ISSUES INCLUDE THE SERIOUSNESS OF ABUSES AND THE DIFFICULTY OF THE IMPEACHMENT PROCESS, BOTH OF WHICH EMPHASIZE THE NEED FOR A CHANGE IN CURRENT LAWS. FOOTNOTES ARE INCLUDED.