Reconfirmation of Federal Judges

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.

1 British North America Act 1867, 30 & 31 Vict. c. 3 (U.K.); Can. Rev. Stat. App. No. 5, §§ 96, 99 (1970).

2 Supreme Court Act, Can. Rev. Stat. c. S-19 (1970).

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

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-
capacity.

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

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

HIGH COURT OF A STATE

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

High Court Court of the State: 2 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.

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

APPENDIX B.-HIGHEST STATE COURT JUDGES: SELECTION AND REMOVAL

Governor appoints from nomi- 10 years (Art. IV § 6).
nees of judicial council (Art.
IV § 5).
Nonpartisan election (Art. 6 § 4).
Partisan election (Art. 7 § 6)_
Election (Art. 6 § 16)..
Government appoints from 3
nominees of commission (Art.
VI § 20).

Nominated by Governor appoint-
ment by general assembly
(Art. V § 2).
Appointment by Governor con-
sent of Senate (Art. IV § 3).
Elected (Art. 5 § 15)..

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
20).

8 years (Art. V § 2).... X.

12 years (Art. IV § 3). X.

6 years (Art. 5 § 16).

Legislature may prescribe (Art.
IV § 1).

House majority; Senate 2%
members elected (Art. V §§ 3,
4).

Majority of Hcuse; % Senate
4 §24; Art. 5 § 15).
Majority of House; 3% Senate
(Code § 49-801, -802, -810`

Majority House; 2% Senate (Art.
lil § 19).

Majority of House; % of Senate
(Art. 2 § 28 and § 27).
Majority House; % Senate pres-
ent (§§ 66, 67, 68).

Treason, bribery, or any high crime or misdemeanor in office.

Any misdemeanor in office.

Favors from railroads or other public
utilities, failure to decide motions within
specified time, failure to procure another
judge where he is disqualified. #
"As prescribed by law." (However, legisla-
ture has not acted.)

Misdemeanor in office (Code § 19-14001).

21-183-74-3

APPENDIX B.-HIGHEST STATE COURT JUDGES: SELECTION AND REMOVAL-Continued

Method of selection

Tenure

Address

Removal by impeachment

Cause 1

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

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

§ 5).
Majority House; 23 Senators
elected (Art. III § 26).
House; Senate (Pt. 2 C. 1 § 3
Art. VI; Pt. 2 C 1 § 2 Art.
VIII).

incompetency, corruption, favoritism, extortion, or oppression in office, gross misconduct, habitual drunkenness.

For misdemeanor in office.

House majority elected and serv- Corrupt conduct, crime or misdemeanor. ing 23 Senate elected and

serving (Art. 11 §7 Stat. 2.191-2.206).

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 of members2% Senate elected (Art. V §§ 16 and 17).

Majority House and Senate Any misdemeanor in office, drunkenness. impeach Special court tries

Corrupt or other misconduct in his official
capacity, habitual drunkenness in a public
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.
Habitual drunkenness, crimes, corrupt con-
duct, or malfeasance or misdemeanor in
office.

For any misdemeanor in office.

Wilful neglect of duty, corruption in office,
habitual drunkenness, incompetency,
offense involving moral turpitude com-
mitted while in office.

Removed by Supreme Court for conviction of
felony or crime involving moral turpitude,
willful misconduct, failure to perform,
habitual drunkenness.

Misbehavior in office or infamous crime.

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

Books

Reconfirmation of Federal Judges: Hearing Before the Subcommittee on ...