Eastman, John wrote:
Judges serve for good behaviour. Impeachment requires high crimes and misdemeanors. I believe we have not taken seriously the possibility of impeachment of judges for non-criminal conduct for a very long time (since Justice Chase?), but has there ever been a firm decision that the standard for impeaching judges is the same as for other officials, despite the looser standard suggested in Article III? Is there a law review article (or articles) generally regarded as definitive on this question?
There is a common misperception that the Constitution only allows for
the removal of judges by impeachment. Impeachment is the sole means by
which Congress may remove any civil officer, but it does not address how
civil officers may be otherwise removed. For instance, we know the
President can remove executive officers, because the Court has said so,
although the Constitution is silent on the subject. Article III sets
the substantive standard for the removal of judges, which is "looser"
than treason, bribery, and high crimes and misdemeanors, which is
required for impeachment, but it does not address who may do it. When
Chief Justice Rehnquist was Assistant Attorney General for the Office of
Legal Counsel he wrote an opinion that Congress could establish a
statutory removal mechanism that would be administered by the Judicial
Conference of the United States. I believe there are some law review
articles on alternatives to impeachment for removal of federal judges.
Bill Funk
Lewis & Clark Law School
