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Index

Abortion, 46-47
Abraham, Henry J., 83
Accountability, 4, 34-35, 61-62, 76
Administrative power, 25, 72, 76
Advisory Commission on Intergov-
ernmental Relations, 46
Affirmative action, 43

Age and tenure, 13-14, 33-34, 39, 83,
84

Age Discrimination and Employ-
ment Act, 83

Aguilar, Robert P., 22, 38, 39, 61
American Bar Association, 54, 81
Anonymity of complaints, 8, 88
Appellate jurisdiction, 29, 32, 69
Appointment of judges, 19, 25-26,
28, 51-52, 80, 82, 85
Apportionment, 46-47
Archbald, Robert W., 66

Article II (U.S. Constitution), 3, 32,
51

Article III (U.S. Constitution), 3, 29,

30, 32, 34, 51, 67, 68

Article IV (U.S. Constitution), 89
Article V (U.S. Constitution), 63
Articles of Confederation, 27
Attitude toward judges, 37

Bayh, Birch, 38, 71

Behavior of judges, 3, 5, 7-8, 20, 26,
34, 37-40, 55-56, 67, 85. See also
Complaints about behavior;
Misconduct

Bias of judges, 55, 56, 74
Brandeis, Louis D., 57, 80
Bribery, 33, 38, 39, 61, 74, 75
Browne, Herbert, 51

Brown v. Board of Education, 69
Bryce, James, 65
Burbank, Stephen B., 77
Burger Court, 57
Burke, Edmund, 20

California, 83

California Commission on Judicial
Qualifications, 81

California Supreme Court, 82
Carter, Jimmy, 38, 76
Caseload of courts, 40-41, 58
Chase, Harold, 39

Chief judges, 5n, 10, 34, 72, 74,
77-78, 86-87

Chisolm v. Georgia, 63

Circuit judges, 5n, 40, 74
Civil liability, 59-60

Civil liberties, 44, 45, 46, 48; protec-
tion of, 3, 20, 30, 33, 63
Civil litigation, 41, 44, 48, 59-60
Clairborne, Harry E., 11, 22, 38, 39,
61, 66, 81

Code of conduct. See Standards of
conduct

Code of Judicial Conduct, 32-33, 54
Code of Professional Conduct, 54
Commission on Judicial Disabilities
and Tenure (proposed), 70

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Compensation: for judges, 13, 19-20,
30, 32; for litigation expenses,
9-10

Complaint procedure, 10-11, 71,
72-73, 80, 81, 87-88
Complaints about behavior, 5,

10-11, 13, 62, 74-75, 77
Confidentiality of complaints, 7, 8-9,
75

Congress, 6, 11-12, 21-22, 62, 64, 89.

See also House of Representa-
tives; Legislative power; Senate
Constitution, 4, 13, 29-30, 34, 45, 46,
57, 83, 91-92. See also specific ar-
ticles, e.g. Article III (U.S.
Constitution)

Constitutional amendments, 62-64,
82

Corruption. See Misconduct
Corwin, Edward S., 46
Courts of appeal, 5n, 41

Criminal liability, 60-62, 66, 75-76

Decisions of courts, 42-44, 55, 57-58,
68-69, 74

Declaration of Independence, 26
DeConcini, Dennis, 5, 71, 76
Delahay, Mark H., 66
Disability: mental or physical,

13-14, 34, 37, 39, 66, 72, 74, 84
Discipline of judges, 6, 7, 55, 67, 71,
75, 81

Dismissal of complaints, 5n, 9, 72,
75
Disqualification from office, 14, 26,
28, 33, 39, 55-56
District courts, 41

District judges, 5n, 22, 38, 39, 40,
60-61, 62, 66, 74
Domestic Policy Council, 46
Dred Scott case, 63

Election of state judges, 82
Eleventh Amendment (1798), 63
Ethics. See Standards of conduct
Evaluation of legislation, 12, 22
Executive branch, 30, 43, 62
Executive power, 19, 21, 29, 32, 51,
62

Federal courts, 32, 34, 40-49, 57, 58,
69, 70, 77-78, 91
Federalism, 45, 51, 58, 80
Federalist, 27, 29, 37
Federal Judicial Center, 87
Federal Rules Decisions, 8
Federal-state relations, 21, 29,
45-46, 47-49, 59, 64, 79
Fifteenth Amendment (1870), 63
First Judiciary Act (1789), 89
Ford, Gerald R., 67-68

Fourteenth Amendment (1868), 63

Gunther, Gerald, 69

Hamilton, Alexander, 27, 28, 30, 32,
37, 83-84

Hastings, Alcee L., 11, 22, 38, 39,
61, 66, 75-76
Hatch, Orrin, 38-39
Heflin, Howell, 22

House Judiciary Committee, 22, 68,
76, 88

House of Representatives, 4, 6n, 28,
29, 64, 65, 67, 71, 73-74
House Subcommittee on Courts,

Civil Liberties, and the Ad-
ministration of Justice, 22, 68
House Subcommittee on Criminal
Justice, 76
Humphreys, West H., 66

Immunity, judicial, 59-60, 87
Impartiality of judges, 55-56, 74
Impeachment procedure, 3, 4, 11-12,
27-29, 32, 61-62, 68-69, 88, 89, 92;
criticism of, 22, 64-65, 77
Impeachments, 4, 11, 22, 64, 65-66,
75-76, 80; causes for, 20, 26, 61,
67-68

Income tax evasion, 38, 61
Independence, judicial, 19-22, 26-27,
28-29, 31-34, 76, 89; protection of,
19-20, 28-30, 35, 92
Individual responsibility, 4n, 12-13,
20-22, 30, 33-36, 40, 53, 67, 71,
80, 89
Individual rights. See Civil liberties
Institutional responsibility, 4n, 5, 21

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Jefferson, Thomas, 65, 84

Johnson, Albert W., 62

Judicial Conference of the United
States, 5n, 7, 12-13, 54, 72, 73,
75-76, 78, 86

Judicial councils, 13, 72, 73, 75,
78

Judicial Councils Reform and

Judicial Conduct and Disability
Act (1980), 4, 5-12, 13, 14, 15, 22,
38, 67, 71-78, 82, 87
Judicial power, 3, 19, 25, 27, 29, 46;
abuse of, 39, 41-44, 46-47, 74, 91;
restraints on, 21, 53, 57, 59, 86,
91-92

Judicial review, 27, 29, 31, 48, 57-58,
62-64, 69, 73

Judicial Tenure Act, 71

Judiciary, 31

Judiciary Act (1802), 33

Kastenmeier, Robert W., 5, 22,

68-69, 76, 87

Kennedy, Edward, 71
Kerner, Otto, 37-38, 39, 61
Kurland, Philip B., 35, 43

Legal doctrines, 58-59
Legislative power, 6, 21, 22, 27, 28,
63-64, 69-70; restraints on, 29-30,
32, 70; usurpation of, 42, 43, 62,
91
Legislature, 30, 53. See also Con-

gress; State legislatures
Legitimacy of self-regulation, 7
Liability, individual, 59-62. See also
Individual responsibility

Madison, James, 27, 45
Maine, 83

Mandatory retirement issue, 13, 34,
83-84

Marshall, John, 31

Mason, Alpheus T., 20, 35
Mason, George, 27-28

Mathias, Charles, 38

Mental health facilities, 47, 48
Misconduct, 8, 26, 38, 39-40, 60-62,
66-68, 74, 76, 89

Model Rules of Professional Con-
duct, 54

Monitoring: of government pro-

grams, 42-44, 47; of judiciary,
7-9, 42, 64-70, 77, 86-87. See
also Complaint procedure; Self-
regulation

Mootness doctrine, 58
Morris, Gouverneur, 28

New Jersey Plan, 28

1980 act. See Judicial Councils
Reform and Judicial Conduct
and Disability Act (1980)
Nineteenth Amendment (1920), 63
Nixon, Walter L., 11, 22, 38, 39, 61,
66, 75

Nomination of judges, 29, 32, 51, 82
Nunn, Sam, 5, 39, 71

Oregon v. Mitchell, 63

Oversight committee (proposed), 7-9,
15

Oversight of judiciary, 64-70, 76, 77

Paterson, William, 28

Peer socialization, 12, 14, 52-53
Perjury, 38, 39, 61

Personal integrity of judges, 3
Pickering, John, 66

Political power, 27, 35, 42, 45-46. See
also Separation of powers
Political question doctrine, 58
Pollack v. Farmers' Loan and Trust
Co., 63

Precedent (law), 56-58, 61, 66, 89
Press, 10, 39, 53
Prison reform, 47
Public disclosure, 8-9
Public housing, 43, 47

Public opinions: influence on
government, 30-31, 44, 53
Public policy, 64; and the judiciary,
42-44, 46-49

Public schools, 47, 48

Quality of judic ary, 14, 40, 65, 77

Racketeering, 38, 61

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Randolph, Edmund, 29
Re, Edward D., 33
Reagan administration, 52
Recusal, 14, 55, 56

Rehnquist, William H., 53
Removal from office, 4, 22, 26, 64,
81, 88; causes for, 3, 13-14, 37, 66,
68, 89; procedure for, 28-29,
61-62, 73, 92

Reports of investigations, 7, 8, 73-74
Resignations, 61, 62, 66
Responsibility, judicial. See In-
dividual responsibility
Retirement, 13, 33, 34, 83-84
Ritter, Halsted L., 66

Ritter, Willis, 39

Role of judiciary, 19, 21, 23, 41-49,
52, 64

Roosevelt, Franklin D., 34

Salary. See Compensation
Sanctioning function, 6. See also

Discipline of judges
Scalia, Antonin, 41, 44
School districts, 47, 69
Screening: of complaints, 11, 72-73;

of judicial candidates, 14, 52
Selection of judges, 82. See also Ap-

pointment of judges
Self-regulation, 6-7, 13, 54-55, 76,
77, 78, 80, 86-87

Senate, 29, 38-39, 66, 68, 77, 82;
powers and duties, 4, 6n, 28, 51,
85-86, 88-89

Senate Judiciary Committee, 70, 71,
88-89

Senate Subcommittee on Im-
Judicial

provements

in

Machinery, 70, 71

Separation of powers, 21, 31-32, 43,
44-45, 51, 58, 64, 76, 86, 88. See
also Executive power; Judicial
power; Legislative power
Seventeenth Amendment (1913), 63
Sherman, Roger, 28

Sixteenth Amendment (1913), 63
Socialization, judicial, 4, 12-13, 14,
52-53

Sovereignty, 29, 42, 45-46

Standards of conduct, 3, 20, 26,

32-33, 37, 54-55, 67-68, 78, 82.
See also Misconduct

"Standards Relating to Judicial
Discipline and Disability Retire-
ment," 81

Standing doctrine, 58
Stare decisis, 56-57

State commissions on judicial
qualifications, 80-81

State constitutions, 26

State courts, 12, 29, 41-42, 60, 80,
81, 82

State judges, 80, 81, 82

State legislatures, 26, 49, 63, 80
State power, 21, 29, 45-46, 47-49, 63.
See also Federal-state relations
Supreme Court, 29, 32, 43, 46-47,
56, 57-58, 61, 62-63, 64, 69-70
Supreme Court justices, 28, 34, 40,
71, 72, 83, 84, 85, 86

Taft, William Howard, 34
Temperament, judicial, 12
Tenure, 4, 25-26, 29, 32, 34, 80,
84-86

Term of office, 84-86

Thirteenth Amendment (1865), 63
Tocqueville, Alexis de, 20, 91
Trials of judges, 4, 11, 22, 38, 39, 61
Twenty-fourth Amendment (1964),
63
Twenty-sixth Amendment (1971),
63

Tydings, Joseph, 5, 70

United States Code, 55-56

Vanderbilt, Arthur T., 31
Virginia Plan, 27-28

Voluntary Retirement Pension Act,
13, 83

Warren Court, 57

Wilson, James, 28-29

Wilson, Woodrow, 79

Working Group on Federalism,
46-47

APPENDIX III.-MATERIALS RELATING TO JUDICIAL DISCIPLINE AND

IMPEACHMENT

December 23, 1986

Honorable Peter W. Rodino, Jr.

Chairman

Committee on the Judiciary

2137 Rayburn Bldg.

Inside Mail

Dear Mr. Chairman:

As I reflect on the past Congress and review the summary of activities of my subcommittee, and also as I commence planning for the 100th Congress, it becomes clear to me that the subcommittee should not engage in the arduous and time-consuming task of impeaching Federal judges.

In my opinion, we did a good job of investigating and then framing the articles of impeachment against Harry E. Claiborne, especially given the twin pressures of expeditious treatment and due process. However, the project took approximately two months from introduction of H. Res. 461 until passage by the House. This is a lot of time for a subcommittee with a full legislative platter and fifteen active Members. We must also remember that the Claiborne impeachment, which presented the case of a convicted Federal judge, was relatively easy when compared to a possible impeachment of an acquitted judge.

In conceptualizing the needs of the committee, we must remember that the 100th Congress will doubtless see at least two impeachment resolutions: one directed against Judge Alcee Hastings, whose impeachment probably will be recommended by the Judicial Conference by March of 1987 at the latest; and another potentially against Judge Walter Nixon, who has been convicted of one count of perjury and whose case is on direct appeal in the Fifth Circuit (oral argument having been heard on December 12). Considered together, these two proceedings will not only take substantial Member, counsel and clerical staff time but also will necessitate the expenditure of committee monies for special counsels, travel, investigative endeavors, space, mail, photocopying and supplies. My budget estimate for these two impeachment inquiries -- which I would be pleased to delineate further independent of this letter $300,000 for Committee costs alone. Senate trials would be separate.

-

would be approximately Additional House costs for

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