NCJ Number
8986
Date Published
1971
Length
167 pages
Annotation
RETIREMENT AND REMOVAL PROCEDURES WHICH ARE USED IN CALIFORNIA, ILLINOIS, MISSOURI, NEW JERSEY AND NEW YORK.
Abstract
ALL JURISDICTIONS FACE THE PROBLEM OF FAIRLY HANDLING ALLEGATIONS OF JUDICIAL UNFITNESS. THESE STATES HAVE RETAINED THE COMMON LAW REMEDY OF IMPEACHMENT BUT MORE DISCREET PROCEDURE HAS BEEN CUSTOMARILY USED. MOST OFTEN CENTRAL STANDING COMMITTEES, CONSISTING PRIMARILY OF OTHER JUDGES AND LAWYERS, HAVE BEEN ESTABLISHED TO REVIEW CHARGES OF UNFITNESS. THE AUTHOR GIVES AN OVERVIEW OF THE PROBLEMS OF JUDICIAL MISCONDUCT AND DISABILITY AND THEN FOCUSES ON THE WAY EACH OF THE FIVE STATE HANDLES INSTANCES OF ALLEGED JUDICIAL UNFITNESS. THESE INSTANCES RANGE FROM PUBLIC CHARGES OF CRIMINAL MISCONDUCT THROUGH THE MORE COMMON ALLEGATION OF PHYSICAL DISABILITY RESULTING FROM ADVANCED AGE. ALTHOUGH INDIVIDUAL PRACTICES VARY, THERE IS A COMMON CONCERN FOR DEALING FAIRLY WITH BOTH THE INDIVIDUAL JUDGE AND THE INTERESTS OF THE PUBLIC. THE AUTHOR DOES NOT RECOMMEND ANY SPECIFIC METHOD, BUT NOTES THE ADVANTAGES AND DISADVANTAGES OF EACH STATE'S ANSWER TO THE QUESTION - WHO JUDGES THE JUDGES? (SNI ABSTRACT)