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 states' constitutions or laws. This article discusses the removal of state judges by impeachment and by recall elections.
Removal by Impeachment
Typically, the grounds for impeachment of a state judge include gross misconduct, gross immorality, high crimes, malfeasance (doing an unlawful act) or misfeasance (doing a lawful act in an unlawful manner). In most states, impeachment of state judges starts with the state house of representatives, which votes on whether to impeach a judge. If the house votes to impeach, the matter goes to the state senate for an impeachment trial. The senate votes on whether to convict the judge. In Illinois, for example, a two-thirds vote of the state senate is required to impeach a state judge. Impeachment results in removal from office and disqualification from holding any public office in the state.
Recent Impeachment Cases
In 2003, a Utah state judge resigned after being charged with drug possession. The Utah House of Representatives had voted to begin impeachment procedures against the judge.
In 2000, the New Hampshire legislature impeached the New Hampshire Supreme Court Chief Justice but turned down attempts to impeach two other justices. The articles of impeachment charged that the chief justice attempted to influence another justice's divorce case, called a lower court judge about a state senator's case, and lied about his actions. Although the state house of representatives voted to impeach the chief justice, the senate voted not to convict him.
In 1997, the Illinois House of Representatives conducted an impeachment investigation of a state supreme court justice who had been censured for failing to cooperate with law enforcement officials and other misconduct. The House did not recommend impeachment.
Two Rhode Island chief justices resigned during impeachment proceedings. One chief justice later pleaded guilty to violating state ethics laws. The other resigned while impeachment proceedings were pending based on charges of ties to organized crime and using state funds and employees for personal gain.
Recall of State Judges
At least eleven states, including Minnesota, Arizona, Oregon, California, and Michigan, have recall election laws that allow voters to recall or remove a state court judge from office for serious wrongdoing. In Minnesota, the supreme court has authority for establishing the grounds for recalling a state judge. A recall is started when voters sign a recall petition. Election officials verify the signatures on the petition and set a date for a recall election. The judge is removed if a majority vote in favor of the recall.
A Recall Case of Note
California voters removed the California Supreme Court chief justice and two other justices in a November 1986 election in part due to the opposition of the justices to the death penalty.
Copyright 2010 LexisNexis, a division of Reed Elsevier Inc.
