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Newsletters

Impeachment and Recall of State Judges

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.

Extrajudicial Speech and Judicial Ethics

There are standards of conduct for judges that assure judicial ethics. The goal of the standards is to assure judges' impartiality and avoid improprieties. There are codes of judicial conduct for both state and federal judges. In general, the code of judicial conduct requires a judge to uphold the integrity and independence of the judiciary, avoid the impropriety or the appearance of impropriety in any activities, and perform his/her duties impartially and diligently. Judges are also required to conduct extrajudicial activities in a way that reduces the risk of conflict with judicial duties.

Discretionary Review of a State Court Decision

Generally, a litigant can file an appeal of a state trial court's final decision as a matter of right. The appeal is filed with the intermediate appellate court of the state. There is a distinction between mandatory review by the court of appeals and discretionary review by the state's highest court. A litigant is not entitled to a second appeal as of right to the supreme court.

Service of Process -- Notice of a Lawsuit

A lawsuit begins when a plaintiff (the party suing) files a complaint with the clerk of courts. The defendant (the person or company being sued) is given notice that a lawsuit has been filed and is "summoned" to appear before the court. Service of process means that the defendant is given notice of the lawsuit and a copy of the complaint that was filed.

Appeal of a State Court Judgment

The losing party in a civil lawsuit can file an appeal after the state trial court enters a final judgment in the case. Generally, a notice of appeal has to be filed within 30 days after a judgment. The person who files the appeal is called the appellant, and the other party is called the appellee.


610 Ship Street, PO BOX 290
St. Joseph, MI 49085-1120
phone: (269) 983-0551
fax: (269) 983-5858
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