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Judicial Tenure Legislation Worth Seconcl Look

Click to see original imageThe 97th Congress is being urged to address a need for an “investigative mechanism” to consider complaints and deal with issues related to judicial tenure. conduct and disability among federal judges. While no reason exists to doubt the competence of the vast majority of the 800-plus federal judges. many complaints about some range from “abuse of power” to “senility.” Former Attorney General Griffin Bell. himself a U.S. circuit judge for 14 years. told a Senate Judiciary Subcommittee in 1977 that “there is an urgency” to create a workable mechanism to remove unfit judges. Apparently referring to the school of thought that federal judges can be removed from office only by impeachment, Bell added; “Noteveryjudge who perhaps should be impeached can be impeached. Congress does not have that much time.” The Washington Post said in an article April 23. 1978, quoted in The Congressional Record: ”0nly nine federal judges in our history have been impeached. and only four have been convicted and removed from office. the last more than four decades ago. This is chiefly because the impeachment process is so cumbersome and time-consuming.” Rep. Donald J. Pease. DOhio has just introduced a bill that would create a system whereby allegations involving federal judges could be filed with a responsible judicial body with “the means and the ability to investigate and take appropriate action.” The measure would establish procedures within the federal judiciary for resolving charges that a judge is not conforming to good behavior or suffering from a permanent mental or physical disability that impairs performance of his official duties. Pease acknowledges traditional constitutional interpretations requiring impeachment. but argues: “A competing school of thought holds that the good behavior clause of Article III. Section 1 needs to be defined by law so as to provide supplementary grounds for removing federal judges from office. 1The quoted section says: “The judges. both of the supreme and inferior courts. shall hold their offices during good behavior..f’l The Ohio lawmaker cited a Sept. 3. 1980 article from the “Americans for Legal Reform” which said estimates have been made that 10 percent of the federal judges “are unfit for public service on account of senility. alcoholism. abuses of power, corruption or misconduct…” Congress has made some progress in the past toward legislation. The senate passed a “Judicial Conduct and Disabilities Act” in 1979. House action is in a less advanced stage. The Pease Bill could hasten action for coordinated legislation. Arguing its practicality. the lawmaker says similar systems at state level already are in use in 47 states and the District of Columbia. The Washington Post article said each year dozens of complaints against federal judges go unexamined for lack of an investigative mechanism. “Although a review committee established by the policy-making judicial conference of the United States has been diligent and effective in resolving simpler conflict-of-interest and ethical questions, it is not equipped to deal with difficult cases. Nor is the Supreme Court able to police the federal judiciary…” The judicial tenure issue ought to be solved once and for all. not only for systematic control but to reinforce public confidence in the system.