All states have some procedure for removing state judges who are found to have engaged in serious misconduct. Such procedures are set out in the state's constitution or laws. This article discusses the removal of state judges by impeachment and by recall elections.
States have enacted Sunshine Laws to ensure governmental integrity and accountability. Sunshine Laws require governmental bodies (commissions, boards, advisory committees, and agencies) to hold open public meetings, deliberations, and votes, unless otherwise provided by law. Sunshine Laws also guarantee public access to the records of governmental bodies, unless provided otherwise by law.
After successfully completing law school, a law school graduate is required to pass a state bar examination before he or she will be admitted to the practice of law in the state. After passing the bar examination, an attorney takes an oath of office. Once admitted to the bar of a state, an attorney's conduct is regulated by rules of professional conduct.
As a general rule, judges are immune or protected from lawsuits seeking money damages for any actions performed by the judge as part of his or her official duties. Judicial immunity shields a judge from liability for unpopular or controversial judgments. A judge can be sued for money damages based on his or her nonjudicial actions (actions not made in a judge's official capacity). A judge is also liable for actions that are judicial in nature but are taken when the judge lacks jurisdiction or authority over the matter.
In the 1970s settlement conferences were used in the appellate courts in response to the increasing number of appeals that were being filed. Settlement conferences had mixed results. In the 1990s, appellate courts began using mediation conferences to encourage the settlement of civil cases on appeal. The underlying assumption is that all cases do not need full appellate review by the appellate court.
