Impeaching a Judge

  1. Based on evidence submitted to it by the Judicial Council of a U.S. Circuit Court, the U.S. Judicial Conference, the administrative arm of the federal courts, recommends that Congress begin an impeachment inquiry.  Such inquiry is usually conducted by the House Judiciary Committee's Subcommittee on Constitutional Rights.

  2. After examinining the case, the subcommittee votes on an impeachment resolution.  If approved, the matter is then considered by the full House Judiciary Committee.

  3. If the House Judiciary Committee concurs with the subcommittee's recommendation, the full House of Representatives then votes on whether to impeach the judge.  In effect, the House serves as a grand jury, deciding whether to prosecute the case before the Senate.

  4. If the House votes to recommend impeachment, it then selects members to conduct the impeachment hearing.  A 12-member panel of senators usually hears the case first and then presents a summary to the full Senate.

  5. To remove a judge from office, the Senate must approve the removal resolution by a two-thirds vote.
References
  1. Elizabeth B. Bazan, "Judicial Discipline Process: An Overview," The Library of Congress, Congressional Research Service, March 18, 2005, Order Code: RS22084.

  2. Wikipedia, "Impeachment in the United States," https://en.wikipedia.org/wiki/Impeachment_in_the_United_States, accessed 09/13/2008.

  3. 28 U.S.C. §354, "Action by Judicial Council"; and 28 U.S.C. §355, "Action by Judicial Conference".


FIFTH CIRCUIT JUDICIAL COUNCIL
 
JUDGE THOMAS PORTEOUS
 
JUDGE ROBERT COLLINS
 
JUDGE WALTER NIXON
 
JUDGE SAMUEL KENT
 
JUDGE HELEN G. BERRIGAN

LOUISIANA SUPREME COURT
 
ELECT OR APPOINT, PART 1
 
JUDGES HELPING LAWYERS
 
TILTING THE SCALES
 
JUDGES FOR SALE

FIXING THE JUDICIARY