Impeachment of federal judges
From Ballotpedia
Article III federal judges are appointed to life terms while serving "during good Behaviour," as stated in Section 1 of Article III of the United States Constitution. Though it does not expressly state in the Constitution that judges may be impeached and removed from office, they fall under the label of "Civil Officers" in Article II, Section 4.[1] That says:
| “ | The President, Vice President and all Civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.[2] [3] | ” |
Impeachable offenses
The United States Senate has removed judges from office for substantial questionable conduct, even if no crime was committed. For example, Judge Robert Wodrow Archbald was impeached and removed from office for improper business relationships with litigants. One reason for this may be the life tenure bestowed upon federal judges and the Congress' place in upholding the good behavior of judges.[4]
Proceedings
Article II of the Constitution gives the United States House of Representatives sole power of impeachment, and assigns the power to try impeachments to the United States Senate.[2]
Historical impeachment of judges
Fifteen federal judges have been impeached. Of those fifteen: eight were convicted by the Senate, four were acquitted by the Senate, and three resigned before an outcome at trial.
1803
John Pickering of the United States District Court for the District of New Hampshire
- Nominated: By President George Washington in 1795.
- Charges: Mental instability and intoxication on the bench
- Convicted: By the United States Senate and removed from office on March 12, 1804.
1804
Samuel Chase of the Supreme Court of the United States.
- Nominated: By President George Washington in 1796.
- Charges: Arbitrary and oppressive conduct of trials
- Acquitted: By the United States Senate on March 1, 1805.
1830
James Hawkins Peck of the United States District Court for the District of Missouri.
- Nominated: By President James Monroe in 1822.
- Charges: Abuse of the contempt of power
- Acquitted: By the Senate on January 1, 1831.
1862
West Hughes Humphreys of the United States District Courts for the Middle, Eastern, and Western Districts of Tennessee.
- Nominated: By President Franklin Pierce in 1853.
- Charges: Refusing to hold court and waging war against the United States government
- Convicted: By the Senate and removed from office on June 26, 1862.
1873
Mark W. Delahay for the United States District Court for the District of Kansas.
- Nominated: By President Abraham Lincoln in 1863.
- Charges: Intoxication on the bench
- Resigned: From office December 12, 1873, before a trial in the Senate.
1904
Charles Swayne for the United States District Court for the Northern District of Florida.
- Nominated: By President Benjamin Harrison in 1889.
- Charges: Abuse of contempt power and other misuses of office
- Acquitted: By the Senate on February 27, 1905.
1912
Robert Wodrow Archbald of the United States Commerce Court.
- Nominated: By President William Howard Taft in 1910.
- Charges: Improper business relationship with litigants
- Convicted: By the Senate and removed from office on January 13, 1913.
1926
George Washington English of the United States District Court for the Eastern District of Illinois.
- Nominated: By President Woodrow Wilson (D) in 1918.
- Charges: Abuse of power
- Resigned: From office November 4, 1926, at which time impeachment proceedings were dismissed.
1933
Harold Louderback of the United States District Court for the Northern District of California.
- Nominated: By President Calvin Coolidge (R) in 1928.
- Charges: Favoritism in the appointment of bankruptcy receivers
- Acquitted: By the Senate on May 24, 1933.
1936
Halsted Lockwood Ritter of the United States District Court for the Southern District of Florida.
- Nominated: By President Calvin Coolidge (R) in 1929.
- Charges: Favoritism in the appointment of bankruptcy receivers and practicing law while sitting as a judge
- Convicted: By the Senate and removed from office on April 17, 1936.
1986
Harry Claiborne of the United States District Court for the District of Nevada.
- Nominated: By President Jimmy Carter (D) in 1978.
- Charges: Income tax evasion and remaining on the bench following a criminal conviction
- Convicted: By the Senate and removed from office on October 9, 1986.
1988
Alcee Hastings of the United States District Court for the Southern District of Florida.
- Nominated: By President Jimmy Carter (D) in 1979.
- Charges: Perjury and conspiring to solicit a bribe
- Convicted: By the Senate and removed from office on October 20, 1989.
1989
Walter Nixon of the United States District Court for the Southern District of Mississippi.
- Nominated: By President Lyndon Johnson (D) in 1968.
- Charges: Perjury before a federal grand jury
- Convicted: By the Senate and removed from office on November 3, 1989.
2009
Samuel Kent of the United States District Court for the Southern District of Texas.
- Nominated: By President George H.W. Bush (R) in 1990.
- Charges: Sexual assault, obstructing and impeding an official proceeding, and making false and misleading statements.
- Resigned: From office on July 30, 2009, and articles of impeachment were dismissed.
2010
Thomas Porteous of the United States District Court for the Eastern District of Louisiana.
- Nominated: By President Bill Clinton (D) in 1994.
- Charges: Accepting bribes and making false statements under penalty of perjury
- Convicted: By the Senate and removed from office on December 8, 2010.
See also
External links
Footnotes
- ↑ FindLaw.com, Annotation 18 - Article II
- ↑ 2.0 2.1 United States Senate, Constitution of the United States, Article II, Section 4
- ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ FindLaw.com, Annotation 18 - Article II at Later Judicial Impeachments