List of impeachment investigations of United States federal judges information
Impeachment is the procedure in which a legislative body, like the United States Congress, can punish or remove government officials from their positions. This is a way for the legislative branch to check and balance the executive and judicial branches and police itself as well. As of December 2019, there have been 66 federal judges or Supreme Court Justices investigated for impeachment.[1] Usually, misbehavior is brought to the attention of a legislator, who may call upon the United States House Committee on the Judiciary to investigate. After a review of its findings, the Committee acts as a sheriff or prosecutor and may bring charges against the individual,[citation needed][dubious – discuss] in which case, the entire House takes on the role of jury and votes as to their guilt or innocence of "high crimes and misdemeanors".[citation needed][dubious – discuss] If a majority of the members of the United States House of Representatives vote to impeach, the impeachment is referred to the United States Senate for an impeachment trial. A conviction requires a two-thirds vote in the Senate.[2] The individual may or may not then stand trial in a criminal court as well, before a jury of his peers. Often the two procedures occur together. In the criminal trial he may be punished with fines and/or incarceration.[citation needed]
For a period of nearly 40 years after World War II, the impeachment clause of the United States Constitution was considered moribund. A number of federal judges were targeted for primarily ideological reasons or that of personal malice by U.S. Representatives and these were always "filed away" by the House Judiciary Committee with no further action. Only the frivolous attempts to impeach Justice William O. Douglas and a scandal in Oklahoma made it to the hearing stage. What might have become serious impeachment proceedings, those against Supreme Court Justice Abe Fortas and Appeals Court Judge Otto Kerner, was followed by the target's immediate resignation before any formal proceedings could actually begin. The Judicial Councils Reform and Judicial Conduct and Disability Act of 1980[3] empowered the Judicial Conference of the United States to investigate and police the judiciary and, if need be, request that the House of Representatives impeach federal judges. Judicial councils are established in each circuit and investigate complaints and may certify the disability of judges or refer complaints to the Judicial Conference. Most judicial impeachments since then have been based on these requests.
^Warren S. Grimes, "Hundred-Ton Gun Control: "Preserving Impeachment as the Exclusive Removal Mechanism for Federal Judges." UCLA Law Review, Vol. 38, No. 5, June 1991; n 21, p. 1213, citing J. Borkin, The Corrupt Judge 219–58 (1962). See also Congressional Research Service Report for Congress, Impeachment: An Overview of Constitutional Provisions, "Procedure, and Practice Elizabeth B. Bazan, Legislative Attorney, American Law Division, February 14, 1995 (Congressional Research Service, The Library of Congress)
^"The Constitution of the United States: A Transcription". National Archives. Nov 4, 2015. Archived from the original on January 31, 2017. Retrieved Jul 30, 2020.
^Pub. L.Tooltip Public Law (United States) 96–458, 94 Stat. 2035, enacted October 15, 1980
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