Impeachment of judges
Impeachment of judges refers to the process by which judges at the federal level may be removed from office due to misconduct or criminal behavior. Although impeachment of federal officials is a rare occurrence, judges are often the focus of these proceedings, particularly following criminal convictions. Notable cases include the impeachments of Judges Harry Claiborne, Alcee Hastings, and Walter Nixon, each of whom faced distinct circumstances. Claiborne and Nixon were impeached after being convicted of crimes like tax fraud and perjury, respectively, while Hastings was acquitted of criminal charges but still faced impeachment.
Judicial resignations often occur before impeachment proceedings can take place, as judges may choose to step down rather than endure the process. However, some judges, such as Robert Collins and Harry Claiborne, maintained their positions even after convictions, prompting Congress to intervene. Historically, even prominent justices, like Samuel Chase and William O. Douglas, have contended with impeachment threats, demonstrating that the possibility of removal extends to all levels of the judiciary. Overall, the impeachment of judges serves as a significant mechanism for accountability within the federal judiciary, reflecting the balance of power between the judicial and legislative branches.
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Impeachment of judges
SIGNIFICANCE: Impeachment of federal officials is uncommon. Most impeachment proceedings against federal officials have been against judges, but even these are relatively rare.
The closing years of the twentieth century witnessed the impeachment of three federal judges: Harry Claiborne, Alcee Hastings, and Walter Nixon. Frequently, but not inevitably, judicial impeachment follows a criminal conviction for some offense. Judge Claiborne was impeached during the 1980s after being convicted of tax fraud, and Judge Nixon was impeached after his conviction for perjury. Judge Hastings, on the other hand, was acquitted of criminal charges but was subsequently impeached by the Senate.
One might imagine that impeachment proceedings would be unnecessary in cases in which judges have been convicted of criminal violations. In fact, judges so convicted frequently resign and thus escape the further indignity of impeachment. However, such resignations are not inevitable and certainly not always quickly accomplished. Federal judge Robert Collins was imprisoned in 1991 but continued to draw his annual salary until his resignation in August 1993. Harry Claiborne, unwilling to consider resignation, drew his judicial salary for two years while he served a prison term in the 1980s, until Congress finally impeached him.
Attempts to impeach judges have not been reserved simply for the rank and file of the judiciary. Even judicial luminaries, such as Supreme Court justices, have sometimes had to endure the stern gaze of a Congress willing to consider their impeachment. In 1805, for example, Justice Samuel Chase faced impeachment proceedings against him but ultimately prevailed, causing Thomas Jefferson to grouse that the prospect of impeachment was “not even a scarecrow.” In the twentieth century, Justice William O. Douglas had to fend off impeachment charges led by then-House minority leader Gerald R. Ford. Douglas was ultimately vindicated when the House Judiciary Committee refused to recommend impeachment articles to the House.
Bibliography
Black, Charles Lund, Jr. Impeachment: A Handbook. New Haven: Yale University Press, 1998.
Kuo, M. E., ed. Impeachment: An Overview of Constitutional Procedures and Practices. New York: Nova Science Publishers, 2003.
Trial of Samuel Chase, an Associate Justice of the Supreme Court of the United States, Impeached by the House of Representatives for High Crimes and Misdemeanors Before the Senate of the United States. Reprint. 2 vols. New York: Da Capo Press, 1970.
"Washington Watch: When Federal Judges Are Impeached." Federal Bar Association, 11 Mar. 2020, www.fedbar.org/blog/washington-watch-when-federal-judges-are-impeached/. Accessed 5 july 2024.
Wehle, Kimberly. "How to Impeach a Supreme Court Justice." Politico, 30 Mar. 2022, www.politico.com/news/magazine/2022/03/30/impeach-supreme-court-justice-clarence-thomas-00021480. Accessed 5 July 2024.