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JUDICIAL TENURE AND DISCIPLINE-1979-80

HEARINGS

BEFORE THE

SUBCOMMITTEE ON COURTS, CIVIL LIBERTIES,
AND THE ADMINISTRATION OF JUSTICE

OF THE

COMMITTEE ON THE JUDICIARY
HOUSE OF REPRESENTATIVES

NINETY-SIXTH CONGRESS

FIRST AND SECOND SESSIONS

ON

JUDICIAL TENURE AND DISCIPLINE 1979-80

56-082 O

JULY 12 AND 13, 1979, MARCH 27 AND 31, 1980

Serial No. 36

Printed for the use of the Committee on the Judiciary

U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON: 1980

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SUBCOMMITTEE on Courts, CIVIL LIBERTIES, and the AdmINISTRATION Of Justice

ROBERT W. KASTENMEIER, Wisconsin, Chairman

GEORGE E. DANIELSON, California ROMANO L. MAZZOLI, Kentucky LAMAR GUDGER, North Carolina ROBERT T. MATSUI, California ABNER J. MIKVA, Illinois

TOM RAILSBACK, Illinois

CARLOS J. MOORHEAD, California HAROLD S. SAWYER, Michigan

BRUCE A. LEHMAN, Chief Counsel
TIMOTHY A. BOGGS, Professional Staff Member
GAIL HIGGINS FOGARTY, Counsel
MICHAEL J. REMINGTON, Counsel
THOMAS E. MOONEY, Associate Counsel
JOSEPH V. WOLFE, Associate Counsel

(II)

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153

Rodino, Hon. Peter W., Jr., a Representative in Congress from the State of New
Jersey, and Chairman of the House Committee on the Judiciary

126

Prepared statement

130

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Wallace, Hon. J. Clifford, Circuit Judge, Ninth Circuit Court of Appeals
Prepared statement

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2. Kaufman, Irving R., “Chilling Judicial Independence," 88 Yale L.J. 681
(1979)....

549

4. Wheeler and Levin, "Judicial Discipline and Removal in the United States"
(1979).....

618

JUDICIAL TENURE AND DISCIPLINE-1979-80

THURSDAY, JULY 12, 1979

HOUSE OF REPRESENTATIVES, SUBCOMMITTEE ON COURTS,
CIVIL LIBERTIES, AND THE ADMINISTRATION OF JUSTICE
OF THE COMMITTEE ON THE JUDICIARY,

Washington, D.C.

The subcommittee met, pursuant to notice, at 9:15 a.m., in room 2226, Rayburn House Office Building, the Hon. Robert W. Kastenmeier (chairman of the subcommittee) presiding.

Present: Representatives Kastenmeier, Gudger, Mazzoli, and Sawyer.

Also present: Michael J. Remington, counsel; and Tom Mooney, associate counsel.

Mr. KASTENMEIER. The subcommittee is convened this morning to begin a series of hearings on legislation that is designed to improve public confidence in our judicial system by establishing a procedure, in addition to but short of the traditional impeachment process, for the removal of a Federal judge who has become disabled or whose conduct on the bench does not conform to the constitutional standard of "good behavior."

As any Member of Congress who has recently returned from his or her district will testify, there has rarely been a time in our Nation's history when the institutions of Government more need increased public confidence than today.

This is an era in which the public has begun to exercise its right to demand accountability in its officials. Certainly the accountability of the executive branch through both Executive order and new law has improved in recent years.

The accountability of Members of Congress is not only an issue of great concern with respect to individual Representatives and Senators, but it is a serious policy issue that has resulted in new rules and really a new standard for conduct.

The third branch of government is not exempt from the public's demand for accountability. Removed, necessarily, from the "redress" of the political arena, the Federal Judiciary is for most purpose also beyond the reach of even the most serious of citzens complaints.

The impeachment process is so cumbersome as to be little more than a hollow threat to the judge who is not conforming to the "good behavior" standard. In the history of the Nation only eight judges and one justice have been impeached by the House. Of these only four judges have been removed by the Senate. The last impeachment occurred in 1936 over 40 years ago.

Clearly, the pressures of modern day congressional business preclude the devotion of the investigative and deliberative effort nec

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