Retired Judges Service Act in the District of Columbia: Can It Withstand Constitutional Challenge?

• NCJ Number: 123053
• Journal: Judicature Volume: 73 Issue: 5 Dated: (February-March 1990) Pages: 253-258
• Author(s): C P Nemeth
• Date Published: 1990
• Length: 6 pages
• Publication Format: Article
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

This article examines the constitutionality of the District of Columbia Retired Judges Service Act, with attention to whether or not District of Columbia judges are covered under Article III of the U.S. Constitution, since they are appointed by the President.

Abstract

The District of Columbia Retired Judges Service Act (Public Law 98-598) was passed by Congress to provide a system of review to determine whether a retired judge is fit to serve or to continue to serve as a senior judge. This review is conducted by the District of Columbia Commission on Judicial Disabilities and Tenure, established by Congress in 1970. The District of Columbia Appellate Court has upheld the constitutionality of the Commission on Judicial Disabilities and Tenure as not violative of the doctrine of separation of powers. A literal reading of Article III, which gives Congress the power to create inferior courts and make judicial appointments, appears applicable in the District of Columbia. The fact that District of Columbia judges are appointed by the President, however, does not in and of itself bring them under Article III; the District of Columbia is a legislative hybrid somewhere between a State and a Federal entity. Judges subjected to review by the Commission on Judicial Disabilities and Tenure do, however, have the right to due process in any hearing that bears upon their removal from the bench.