JUDICIAL TENURE AND DISCIPLINE-1979-80 HEARINGS BEFORE THE SUBCOMMITTEE ON COURTS, CIVIL LIBERTIES, OF THE COMMITTEE ON THE JUDICIARY 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 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 (II) Browning, Hon. James R., Chief Judge, Ninth Circuit Court of Appeals DeCo ni, Hon. Dennis, a United States Senator from the State of Arizona.... Hunter, Hon. Elmo B., U.S. District Judge, Western District of Missouri; Chairman, Committee on Court Administration of the Judicial Conference of Lott, Hon. Trent, a Representative in Congress from the State of Mississippi Mathias, Hon. Charles McC., Jr., a Senator from the State of Maryland.. McClory, Hon. Robert, a Representative in Congress from the State of Illinois and ranking minority member of the Committee on the Judiciary Mollenhoff, Clark, professor of journalism, Washington and Lee University Nunn, Hon. Sam, a United States Senator from the State of Georgia 153 Rodino, Hon. Peter W., Jr., a Representative in Congress from the State of New 126 Prepared statement 130 Rosenberg, Maurice, Assistant Attorney General, Office for Improvements in the Administration of Justice, U.S. Department of Justice...... Wallace, Hon. J. Clifford, Circuit Judge, Ninth Circuit Court of Appeals (c) Procedures for processing complaints of judicial misconduct, Judicial Council of the Ninth Circuit, as amended April 12, 1979 (d) Resolution I, Judicial Conference of the United States. (a) Courts records produced some interesting facts, Gannett New Service.. (b) "Justice Was a Farce in Courtroom Drama," The Observer-Dispatch (a) Constitutional Grounds for Impeachment, report by the staff of the APPENDIX 4.-Supplemental MATERIALS 1. American Enterprise Institute, Judicial Discipline and Tenure Proposals: 2. Kaufman, Irving R., “Chilling Judicial Independence," 88 Yale L.J. 681 549 4. Wheeler and Levin, "Judicial Discipline and Removal in the United States" 618 5. Killian, Johnny H. "Constitutional Issues Raised by the Proposed Judicial Conduct and Disability Act of 1979." American Law Division, Library of 6. The Center of Judicial Conduct Organizations (a project of the American (b) "The Removal of Federal Judges Other Than by Impeachment," report of the Committee on Federal Legislation (April 1, 1977) (c) "A Proposed Procedure for Treating Complaints Concerning Federal District Judges," report of the Committee on the Federal Courts (d) Report on S. 678 and S. 862 by the Committee on Federal Courts of the Association of the Bar of the City of New York (May 31, 1979).. JUDICIAL TENURE AND DISCIPLINE-1979-80 THURSDAY, JULY 12, 1979 HOUSE OF REPRESENTATIVES, SUBCOMMITTEE ON COURTS, 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 |