Eleanor Finch
The impeachment of federal judges is a rare occurrence, with only 15 federal judicial impeachments in history. While the U.S. Constitution does not explicitly mention the impeachment of judges, it does provide a mechanism for their removal. Article I grants the House of Representatives the power to impeach and the Senate the power to hold a trial, requiring a two-thirds majority vote to convict and remove a judge from office. The grounds for impeachment are vague, citing Treason, Bribery, or other high Crimes and Misdemeanors, with the definition of high Crimes and Misdemeanors being a subject of debate. The impeachment process for federal judges has been utilised in cases of ethical and criminal misconduct, including perjury, fraud, and conflicts of interest.
| Characteristics | Values |
|---|---|
| Who can impeach federal judges? | The House of Representatives has the power to impeach federal judges |
| Who can try impeachments? | The Senate |
| What is required to impeach a federal judge? | A simple majority vote in the House of Representatives |
| What is required to remove a federal judge from office? | A two-thirds majority vote in the Senate |
| What are some reasons federal judges have been impeached? | Bribery, sexual assault, false statements, favouritism, intoxication on the bench, abuse of the contempt power, tax evasion, perjury |
| What is the constitutional basis for impeaching federal judges? | "Treason, Bribery, or other high Crimes and Misdemeanors" |
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What You'll Learn
Who can impeach federal judges?
The power to impeach federal judges lies with the political branches of government, usually the legislature. In the US, the House of Representatives has the power to impeach federal judges, while the Senate has the power to hold a trial to determine whether removal from office is appropriate.
The House can impeach a federal judge with a simple majority vote. However, a two-thirds majority vote by the Senate is required to convict and remove a judge from office.
Article III of the US Constitution states that federal judges "hold their office during good behaviour", which means they have a lifetime appointment unless removed through impeachment. The Constitution provides little guidance on what offences constitute grounds for impeachment, but judges may be removed following a conviction for "treason, bribery, or other high crimes and misdemeanours".
While the impeachment power lies with the legislature, anyone can file a complaint alleging that a federal judge has committed misconduct or has a disability under the Judicial Conduct and Disability Act and the Rules for Judicial-Conduct and Judicial-Disability Proceedings.
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What constitutes grounds for impeachment?
The U.S. Constitution does not provide extensive guidance on what constitutes grounds for the impeachment of federal judges. However, it does outline that judges may be impeached and removed from office following a conviction for "Treason, Bribery, or other high Crimes and Misdemeanors".
The definition of "high Crimes and Misdemeanors" is not specified in the Constitution and has been a subject of debate. The more modern view is that the "good Behaviour" clause describes judicial tenure, meaning federal judges hold office for life unless removed under another constitutional provision. Nevertheless, the lack of good behaviour has been suggested as an independent standard for impeachment.
The impeachment power lies with politicians, and while impeachment is rare, it has been threatened for partisan reasons. Impeachment is generally reserved for serious ethical or criminal misconduct, such as perjury, fraud, conflicts of interest, or abuse of power. Federal judges are subject to removal under the impeachment provisions of the Constitution, and Congress has the power to impeach and remove them from office.
In the history of federal judicial impeachments, the most common charges have included making false statements, favouritism, intoxication on the bench, and abuse of the contempt power. Judges have also been impeached for tax evasion, practising law while sitting as a judge, and bribery.
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Impeachment vs. removal from office
The US Constitution contains several provisions relevant to the impeachment of federal officials, including federal judges. Impeachment is a process that allows the political branches of government, typically the legislature, to remove officials from office.
Article I, Section 2, Clause 5 of the Constitution grants the House of Representatives the sole power of impeachment. The Senate is then responsible for trying impeachments and determining whether removal is appropriate. A simple majority vote is required for the House to impeach a judge, but a two-thirds majority vote is necessary for the Senate to convict and remove the judge from office.
While the Constitution does not expressly mention impeachment in Article III, Section 1, it establishes that federal judges shall hold their seats during "good behaviour". This clause has been interpreted to mean that federal judges hold office for life unless they are removed under another provision of the Constitution. The "good behaviour" clause has also been used to argue that lack of good behaviour constitutes an independent standard for impeachment. However, the modern view is that it describes judicial tenure rather than impeachability.
The Constitution outlines impeachable offences as treason, bribery, or other high crimes and misdemeanours. In practice, impeachment has been used for various ethical and criminal violations, including perjury, fraud, conflicts of interest, and making false statements.
It is important to note that impeachment is a unique political process that is largely unchecked by the judiciary. While it can result in removal from office, it does not preclude criminal liability. Additionally, disqualification from holding future office is a separate judgment that requires a majority vote.
In summary, impeachment is the process by which federal officials, including judges, can be removed from office for specific offences outlined in the Constitution. Removal from office is an automatic consequence of impeachment and conviction, while disqualification from holding future office is a separate judgment.
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Impeachment trial and conviction
The impeachment and removal of federal judges are rare. This is because, in the United States, federal judges are appointed to life terms. However, there are provisions in the Constitution for their impeachment and removal from office.
The House of Representatives has the power to impeach federal judges. The House has initiated impeachment proceedings more than 60 times, but there have only been 15 federal judicial impeachments in history. The most common charges brought against federal judges include making false statements, favouritism towards litigants or special appointees, intoxication on the bench, and abuse of the contempt power.
Once the House of Representatives impeaches a federal judge, the Senate has the power to hold a trial to determine whether removal from office is appropriate. The Senate sits as a High Court of Impeachment, hearing evidence and witnesses before voting to acquit or convict the impeached official. A two-thirds majority is required to convict and remove a federal judge from office.
The Constitution provides for removal from office on conviction and allows the further judgment of disqualification from holding further office. This requires a majority vote. However, disqualification from holding future office is separate from removal from impeachment, and the Senate has held that these questions are divisible.
In addition to the federal approach, most states have similar procedures for the impeachment and removal of judges. However, some states, like New York and Nebraska, conduct the trial following impeachment through a court comprised of state officials and/or state judges.
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History of federal judge impeachments
The US Constitution does not explicitly state that federal judges may be impeached and removed from office. However, they fall under the label of "Civil Officers" in Article II, Section 4, which provides for impeachment. Article III federal judges are appointed to serve "during good Behaviour" for life, but impeachment is a check on this broad tenure.
Impeachment is a way for the legislative branch to balance the executive and judicial branches. The United States House of Representatives has sole power over impeachment, and the United States Senate has the power to try impeachments. The Senate has removed judges for substantial questionable conduct, even in the absence of a crime. Only eight federal judges have been successfully impeached and removed from office by Congress in US history, out of 66 federal judges or Supreme Court Justices investigated for impeachment as of December 2019. This averages out to about one impeachment every 14 years.
The first federal judge convicted by the Senate was John Pickering, of the U.S. District Court for the District of New Hampshire, in 1804. He was impeached on charges of mental instability and intoxication on the bench. Other notable impeachments include:
- Samuel Chase, Associate Justice of the Supreme Court of the United States, impeached in 1804 on charges of arbitrary and oppressive conduct of trials. He was acquitted by the Senate in 1805.
- James H. Peck, U.S. District Court for the District of Missouri, impeached in 1830 on charges of abuse of the contempt power. He was also acquitted.
- Halsted Lockwood Ritter, U.S. District Court for the Southern District of Florida, impeached in 1936 on charges of favoritism in the appointment of bankruptcy receivers and practicing law while sitting as a judge.
- Harry E. Claiborne, U.S. District Court for the District of Nevada, impeached in 1986 on charges of income tax evasion and remaining on the bench following a criminal conviction.
- Alcee L. Hastings, U.S. District Court for the Southern District of Florida, impeached in 1988 on charges of perjury and conspiring to solicit a bribe.
- G. Thomas Porteous, Jr., U.S. District Court for the Eastern District of Louisiana, impeached in 2010 on charges of accepting bribes and making false statements under penalty of perjury.
More recently, there have been calls for the impeachment of federal judges by President Donald Trump and his supporters in response to decisions against his administration's policies.
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Frequently asked questions
The House of Representatives has the power to impeach federal judges with a simple majority vote.
The Senate conducts the trial to determine whether removal is appropriate. A judge may only be removed from office following a trial and a vote to convict by a two-thirds majority of the Senate.
The U.S. Constitution does not provide clear guidance on what constitutes grounds for impeachment. However, judges may be impeached and convicted for "Treason, Bribery, or other high Crimes and Misdemeanors".
