STATEMENT BY THE HONORABLE GRIFFIN B. BELL, ATTORNEY GENERAL OF THE UNITED STATES, BEFORE THE SENATE SUBCOMMITTEE ON IMPROVEMENTS IN JUDICIAL MACHINERY, ON S. 1423 - PROPOSED JUDICIAL TENURE ACT

• NCJ Number: 43309
• Author(s): G B BELL
• Date Published: 1977
• Length: 5 pages
• Corporate Author: US Dept of Justice
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

THIS TESTIMONY POINTS OUT THE NEED FOR A MECHANISM SHORT OF IMPEACHMENT TO PERMIT RETIREMENT OF FEDERAL JUDGES WHO BECOME PERMANENTLY DISABLED AND TO CENSURE JUDGES WHOSE CONDUCT FAILS TO MEET STANDARDS.

Abstract

THIS PROPOSED LEGISLATION WOULD SET UP A FEDERAL TENURE AND REMOVAL COMMISSION SIMILAR TO THAT PIONEERED BY CALIFORNIAL IN 1960 AND NOW FOUND IN 44 STATES, THE DISTRICT OF COLUMBIA, AND PUERTO RICO. THE CONSTITUTIONALITY OF THIS LEGISLATION HAS BEEN THOROUGHLY INVESTIGATED, AND THE PROPOSED BILL FOUND CONSTITUTIONALLY ACCEPTABLE. TWO SUGGESTIONS FOR REVISION OF THE BILL HAVE BEEN MADE: (1) BACAUSE MOST COMPLAINTS ABOUT FEDERAL JUDGES CAN BE HANDLED BY ACTION OF THE CIRCUIT JUDICIAL COUNCILS, IT IS RECOMMENDED THAT ANY COMPLAINT AGAINST A CIRCUIT OR DISTRICT JUDGE FIRST BE GIVEN TO THE JUDICIAL COUNCIL FOR INVESTIGATION AND ACTION. THIS RECOMMENDATION HAS BEEN INCORPORATED INTO THE PRESENT BILL. (2) CLEARER, MORE CONCISE LANGUAGE NEEDS TO BE USED IN SPELLING OUT THE POWER OF THE PROPOSED COMMISSION TO CALL WITNESSES AND TO GRANT IMMUNITY TO SUCH WITNESSES. BEFORE RELEASING A FINAL BILL FROM COMMITTEE, THREE POINTS SHOULD BE CLARIFIED: (1) THE POWER OF THE SUPREME COURT TO REVIEW COMMISSION DECISIONS; (2) TERMS OF APPOINTMENT OF COMMISSION MEMBERS; AND (3) THE INVOLUNTARY RETIREMENT CLAUSE. OTHERWISE, SUCH LEGISLATION SHOULD BE RECOMMENDED FOR SENATE VOTE.