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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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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, 88 71 & 72. As printed in II Commonwealth Acts 1967, 1 (1969).

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


Method of selection



Removal by impeachment

Cause 1


Elected (Art. 6 § 152).

6 years (Art. 6 $ 155).


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Majority House; Majority Senate Neglect of duty, corruption in office, incom(Art.' VII 173 and 176). petency, or intemperance or any offense

involving moral turpitude.
Senate 2/3; trial by House 2/3 Misfeasance and malfeasance in office (Art.
(Stat. § 22.05.120).

IV 98 10, 11, 12).
House majority; 2/3 Senate (Art. High crimes, misdemeanors, or malfeasance
8 Pt. 2 8 1).

in office.
House and 2/3 of Senate (Art. 15 High crimes and misdemeanors and gross
$31, 2).

misconduct in office.
Assembly; 2/3 Senate members Misconduct in office.

(Art. 4 § 18).
Majority House; 2/3 Senate (Art. High crimes and misdemeanors, or mal-
XIII S 1 and 2).

feasance in office.

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Governor appoints from nomi- 10 years (Art. IV 8 6)

nees of judicial council (Art.

IV 85).
Nonpartisan election (Art. 6 84). 6 years (Art. 6 § 4).
Partisan election (Art. 7 8 6). 8 years (Art. 7 $ 6).. X.
Election (Art. 6 § 16).

12 years (Art. 6 § 16).
Government appoints from 3 2 year appointment

nominees of commission (Art. with Missouri reVI 8 20).

election (Art. VI

20). Nominated by Governor appoint- 8 years (Art. V $ 2)-. X.

ment by general assembly

(Art. V $ 2).
Appointment by Governor con- 12 years (Art. IV 83), X-

sent of Senate (Art. IV 83).
Elected (Art. 5 8 15).

6 years (Art. 5 § 16).

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House majority 2/3 Senate (Art. Not specified.

V 82; Art. IX $$ 1, 2 and 3).

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Election (Art. 6, Sec. II 2-3703).- 6 years (Art. VI, Sec.

11 2–3703),

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33 each House (Art. VI 88 1 and. Treason, bribery, or any high crime or

misdemeanor in office,
33 House members present; Any misdemeanor in office.

33 Senate members present

(Art. 3 8 29).
House majority; 33 Senate Favors from railroads or other public
present (Art. Ni S8 V, VI). utilities, failure to decide motions within

specified time, failure to procure another

judge where he is disqualified. #
Legislature may prescribe (Art. "As prescribed by law." (However, legisla-
TV g 1).

ture has not acted.)
House majority; Senate---33 Misdemeanor in office (Code § 19–14001).

members elected (Art. V 883,
Majority of House; 33 Senate For any misdemeanor,

4 $24; Art. 5 8 15).
Majority of House; 33 Senate Any misdemeanor in office.

(Code 8 49-801, -802, -810
Majority House; 33 Senate (Art. Misdemeanor or malfeasance in office.

lil s 19).
Majority of House; % of Senate Any misdemeanor in office.

(Art. 2 8 28 and $ 27).
Majority House; 33 Senate pres- Do.

ent (Ś8 66, 67, 68).


Governor with advice and 7 years (Art. V 83).-. X.

consent of Senate (Art. V 83).
Non-partisan election (Art. 6 years (Art. V 86).

VI § 7).
Election with Missouri plan re- 10 years (Art. 6 § 14).

election (Art. 6 88 9, 10).
Elected (Art. 7 § 3)

6 years, "if they so

long behave

well." (Art. 7 § 2).
Governor appointment from 8 years (Art. V § 17).

list of nominees (Art. V 8 15).
Missouri plan (Art. 392 (e) and 6 years (Art. 3 g 2).. X.

Election (8 112).

8 years (f 112).

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Method of selection



Removal by impeachment

Cause 1


Partisan election (Art. VII 8 7).- 14 years (Art. VII

$ 6).

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Appointment by Governor (Art. 7 years (Art. 6 § 4).

(Art. 5, pt. 1 § 8).
General election (Art. IV 3)- -- 15 years (Art. IV 8 3). X.
Governor with advice and As long as they X.

consent of council (Art. 9 behave themselves
Ch. Il § 1).

(D.R. Pt. 1; Art.

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

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Elected (Art. 6 § 3).
Election (Art VI § 145).


6 years (Art. 6 § 3).. 8 years (Art. Vi

§ 149).

Majority. House; 34 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.
House; 33 Senate present (Art. For misdemeanor in office.

4, Pt. 1 $ 8, Pt. 2 $ 6; Art. 9

Majority House; 23 Senators Not specified.

elected (Art. III § 26).
House; Senate (Pt. 2 Č. 1 $3 Misconduct and maladministration in their

Art. vI; Pt. 2 C 1 $ 2 Art. offices.
House majority elected and serv- Corrupt conduct, crime or misdemeanor.

ing 33 Senate elected and
serving (Art. 11 87 Stat.

House majority elected Senate For corrupt conduct in o.fice, or for crimes

23 present (Art. XIII 81). and misdemeanors.
House 33 members present Treason, bribery, other high crime or mis-

Senate tries (Art. IV 88 49 and demeanor in office.

House majority conviction by 5 Crimes, misconduct, habitual drunkenness,
of 7 judges elected by Senate willful neglect of duty, corruption in
(Art. VII § 2).

office, incompetency, or any offense in-
volving moral turpitude, oppression in

House majority of members- High crime and misdemeanor or malfeasance

33 Senate elected (Art. V 88 16 in office.

and 17).
Majority House and Senate Any misdemeanor in office, drunkenness.

impeach-Special court tries
(Art. 3 8 17; Art. 485; Art. 15

Assembly impeaches majority Misdemeanor and malfeasance.

members elected; Senate
tries 28 members (Art. VII

88 1 and 2). House impeaches, Senate tries. Bribery, corruption, malpractice, mal

(Pt. 2 Art. 17). Address by administration. both Houses for xxxx know

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

ship; Senate 28 of all mem

bership (Art. 6 8 6 84). House majority of all members For crimes, misdemeanors and malfeasance

elected; 2 of Senators in office.

elected (Art. IV 88 35 and 36).
Majority House; 2 Senate pres- Not specified.

ent (Art. Vi g 24).
House: 23 Senate present (Art. Corrupt or other misconduct in his official
4 88 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 38 majority duct, or malfeasance or misdemeanor in
(Art. XIV 88 194–396).

House majority elected: 28 For any misdemeanor in office.

Senators (Art. Il $ 23, $ 29).
Majority House: 23 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 2 members elected Official misdeameanor.

(impeaches); Senate 38 mem-
bers elected (tries) (Art. XI).

Elected (Art. IV $ 90).

10 years (Art. IV

90). Elected (Art. IV 8 6).

6 years (Art. IV § 6). X. Partisan elections (Art. VII 3). 6 years (Art. VII g 3).

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Elected (Art. VI 8 7).

6 years (Art. VI § 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-
committee (Art. X $ 4).

bly declares vac-
ancy resolves
place vacant (Art.

X $ 4).
By joint vote of the General 10 years (Art. 5 § 2).. X.

Assembly (Art. 582).
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 88 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 88 1,2, and

House; 22 Senate sworn (Art. Any crime in their official capacity which

Elected (Art. 6 8 3).

8 years (Art. 6 3)..


See footnote at end of table.

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