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there is no reason the federal judiciary cannot do likewise. If the courts are to continue reaching out into the daily lives of the citizenry, then a device must be found to make them more responsible to the public.

This measure, coupled with a vastly improved method of selection of federal judges is worthy of consideration.



Court and judge



Confirmation/ reconfirmation

The Court of Appeal:1

Lord Chancellor-President of Lord High Chancellor holds Appointed by the Sovereign on
the Court, ex-Lord Chancel- office during the pleasure of, delivery of Great Seal, ver-

and as a member of, the bally addressing him by title,
Ministry and Cabinet. He on advice of the Prime
retires from or accepts office Minister, usually from
with the party to which he amongst the Bench or mem-

bers of the Bar.3
Any Lord of Appeal in Ordinary A judge of the Court of Appeals By Her Majesty by letters
(ex-officio judges).

is required to vacate on patent 6 on advice of the

becoming 75 years of age.5 Prime Minister. Lord Justices of Appeal- A judge of the Court of Appeals By Her Majesty by letters ordinary members.

is required to vacate on patent on advice of the Prime

becoming 75 years of age. Minister. High Court:

Lord Chief Justice President of Required to vacate on attaining By Her Majesty by letters
Family Division and Ad- the age of 75.8

patent, on advice of the miralty Divisions (part of

Prime Minister.
Queen's Bench Division.?
Justices of the High Court Required to vacate on attaining By her Majesty on the advice of
(puisne judges).
the age of 75.

the Lord Chancellor.10
Crown Court: 11
Judges of the Crown Court:
Any judge of the High Circuit judge shall vacate his By Her Majesty on recommen-

Court; or any Circuit office at the end of the com- dation of the Lord Chancel-

pleted year of service in lor. 13
which he attains the age of 72.

He may be continued until the
Or Recorder.....

For a term specified and the fre. By Her Majesty on recommen

quency and duration of occa- dation of the Lord Chancel-
sions. Not beyond 72.14

Or a judge of the High

Court, Circuit judge or
Recorder sitting with
justices of the peace.
Any judge of the Court
of Appeal (as judge of
the High Court). As sup-
plemented by Recorders
(part-time judges of the

Crown Court).
Allocation of judges is

Lord Chief Justice.

age of 75.12

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British North America Act 1867, 30 & 31 Vict. c. 3 (U.K.); Can. Rev. Stat. App. No. 5, $$ 96, 99 (1970). ? Supreme Court Act, Can. Rev. Stat. c. 5-19 (1970).

The name of the superior court," j.e., the highest court of each province is found in the statute law of each province and varies from province to province as indicated.

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Court and judge

APPENDIX A-Continued




High Court: Chief justice and not Shall not be removed except by By Governor-General in Council. None.
less than 2 others.

Governor-General in Council
on an address from both
houses of Parliament in ses-
sion for misbehavior or in-

1 Commonwealth of Australia Constitution Act, 63 & 64 Vict., c. 12, §§ 71 & 72. As printed in II Commonwealth Acts 1967, 1 (1969).



1 The Constitution of India, Part V, Chapter IV.

2 The Constitution of India, Part VI, Chapter V.

Confirmation/ reconfirmation

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Supreme Court of India:1 Chief Jus- Until retirement at age 65...... Every Judge appointed by the None.
tice of India.

President after consultation
with such of the judges of the
Supreme Court and of the
High Court, as he may deem


High Court Court of the State: Chief Until retirement at age 65...... Every Judge appointed by the None.
Justice of High Court.

President after consultation
with the Chief Justice of India,
and the Governor of the State.

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Method of selection

Elected (Art. 6 § 152).

6 years (Art. 6 § 155).

Governor appoints from nomi- 10 years (Art. IV § 6).
nees of judicial council (Art.
IV § 5).
Nonpartisan election (Art. 6 § 4).

6 years (Art. 6 § 4).
8 years (Art. 7 § 6).. X.
12 years (Art. 6 § 16).
2 year appointment
with Missouri re-
election (Art. VI

8 years (Art. V § 2).... X.

Partisan election (Art. 7 § 6).
Election (Art. 6 § 16)..
Government appoints from 3
nominees of commission (Art.
VI § 20).

Nominated by Governor appointment by general assembly (Art. V § 2). Appointment by Governor consent of Senate (Art. IV § 3). Elected (Art. 5 § 15)..



Election (Art. 6, Sec. 112-3703). 6 years (Art. VI, Sec.

12 years (Art. IV § 3). X. 6 years (Art. 5 § 16).

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House majority elected Senate 33 present (Art. XIII § 1). House 33 members present Senate tries (Art. IV §§ 49 and 50). House majority conviction by 5 of 7 judges elected by Senate (Art. VII § 2).

House majority elected and serv- Corrupt conduct, crime or misdemeanor. ing 2% Senate elected and serving (Art. 11 §7 Stat. 2.191-2.206).

Not specified.

Misconduct and maladministration in their offices.

For corrupt conduct in office, or for crimes and misdemeanors. Treason, bribery, other high crime or misdemeanor in office.

Crimes, misconduct, habitual drunkenness, willful neglect of duty, corruption in office, incompetency, or any offense involving moral turpitude, oppression in office.










New Hampshire..


Method of selection

Partisan election (Art. VII § 7).. 14 years (Art. VII § 6).

Appointment by Governor (Art. 7 years (Art. 6 § 4)..
(Art. 5, pt. 1 § 8).

General election (Art. IV § 3)...
Governor with advice and
consent of council (Art. 9
Ch. II § 1).


15 years (Art. IV § 3). X.
As long as they

behave themselves
(D.R. Pt. I; Art.

Nonpartisan election (Art. 6 § 2). 8 years (Art. 6 § 2).

Elected (Art. 6 § 3).

Election (Art VI § 145).

Governor appoints from list of
nominees then elected (Art.
V § 29(a)).

Appoint by Governor from com-
mission list (Art. V § 14-18).

6 years (Art. 6 § 3)..

8 years (Art. VI § 149).

2 years (Art. V § 29(c)).

Elected (Art. VIII §§ 6 and 9) 6 years (Art. VIII §7).


3 years-then 6 years (Art. V §§ 15-18).

Nonpartisan election (Art. VI 6 years (Art. VI § 3). X. § 3).

Appointed by Gov. (Pt. 2 Art. 46). Age 70, during good X. behavior (Code § 464 Pt. 2 Art.

Removal by impeachment

Majority House; 3% Senate High crimes and misdemeanors in office,
elected (Art. 9 § 1).

incompetency, corruption, favoritism, ex-
tortion, or oppression in office, gross mis-
conduct, habitual drunkenness.
For misdemeanor in office.

House; 23 Senate present (Art.
4, Pt. 1 § 8, Pt. 2 § 6; Art. 9

Majority House; 23 Senators
elected (Art. III § 26).
House; Senate (Pt. 2 C. 1 § 3
Art. VI; Pt. 2 C 1 § 2 Art.

Cause 1

House majority of members23 Senate elected (Art. V §§ 16 and 17).

High crime and misdemeanor or malfeasance in office.

Any misdemeanor in office, drunkenness.

Majority House and Senate
impeach Special court tries
(Art. 3 § 17; Art. 4 § 5; Art. 15

Assembly impeaches majority Misdemeanor and malfeasance.
members elected; Senate
tries 2% members (Art. VII
§§ 1 and 2).

House impeaches, Senate tries (Pt. 2 Art. 17). Address by both Houses for xxxx know

Bribery, corruption, malpractice, mal


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their unimpeachable officer. House majority of all member- Misdemeanor.

ship: Senate of all mem

bership (Art. 664). House majority of all members for crimes, misdemeanors and malfeasance

elected; % of Senators in office.

elected (Art. IV 88 35 and 36).

House; 2 Senate pres. Not specified.
ent (Art. Vi $24).
House : %Senate present (Art. Corrupt or other misconduct in his official

488 4,15; Gen. Stat. 88 123-1 capacity, habitual drunkenness in a public
to 123-13).

place, mental or physical incompetence to
discharge the duties of office, any criminal
matter conviction whereof would tend to

bring his office into public contempt.
House majority all members Habitual drunkenness, crimes, corrupt con-

elected; Senate 39 majority duct, or malfeasance or misdemeanor in
(Art. XIV 88 194-396).

House majority elected: 39 For any misdemeanor in office.
Senators (Art. 11 $ 23, 8 29).

Majority House: 33 Senate (Art. Wilful neglect of duty, corruption in office,
VII $ 1).

habitual drunkenness, incompetency,
offense involving moral turpitude com-

mitted while in office.
No impeachment proceedings.. Removed by Supreme Court for conviction of

felony or crime involving moral turpitude, willful misconduct, failure to perform,

habitual drunkenness.
House: % of Senate present Misbehavior in office or infamous crime.

(Art. 6 $84, 5 and 6).
House 33 members elected Official misdeameanor.

(impeaches); Senate 33 mem-
bers elected (tries) (Art. XI).




Elected (Art. VI 87).

6 years (Art. VI 8 7). X.

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Elected (Art. 5 § 3).

10 years—behave X.

well (Art. V 8 15

Art, VI 87).
Elected by 2 houses in grand Until general assem- X
committee (Art. X $ 4).

bly declares vac-
ancy resolves
place vacant (Art.

X 84).
By joint vote of the General 10 years (Art. 582).. X.

Assembly (Art. 5 & 2).
General election (Art. V 8 5). 6 years (Art. V 8 8).

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House % members elected; Not specified.

Senate 33 members elected

(Art. XV 98 1,2,3,4).
House majority members elect- Drunkenness, crimes, corrupt conduct, mal-

ed; Senate majority members feasance, or misfeasance in office.
elected (Art. XVI $81, 2, and

3). House; 33 Senate sworn (Art. Any crime in their official capacity which


Seo footnote at end of table.

Elected (Art. 6 g 3).

8 years (Art. 6 8 3)... X.

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