Impeaching Rogue Judges Will be a Hard Row to Hoe

Judges must be independent and impartial. They must remain free from external influences, ensuring their decisions are based solely on legal principles and evidence rather than personal biases or public opinion.

Judges are expected to uphold high standards of honesty, integrity and transparency, both personally and professionally.

Judges must maintain a professional demeanor and avoid any actions or relationships that might compromise their impartiality or the dignity of their office.

Judges are responsible for safeguarding the confidentiality of sensitive information obtained in their official capacity, respecting privacy, and maintaining the integrity of judicial proceedings.

Any violations of these ethics can lead to a higher court overturning their rulings, ethics charges and even impeachment proceedings.

Impeachment of federal judges is rare but significant, reflecting the gravity of judicial misconduct. As of October 2023, 15 federal judges have been impeached by the House of Representatives. Charges included…

Federal judges are guided by the "Code of Conduct for United States Judges," established by the Judicial Conference of the United States…

• John Pickering (1804) - Drunkenness and unlawful rulings. Convicted and removed.
• Samuel Chase (1805) - Political bias and misconduct. Acquitted by the Senate.
• West Hughes Humphreys (1862) - Supporting the Confederacy. Convicted and removed.
• Robert W. Archbald (1913) - Improper business dealings. Convicted and removed.
• Harold Louderback (1933) - Favoritism in bankruptcy cases. Acquitted by the Senate.
• Halsted L. Ritter (1936) - Tax evasion, favoritism, and corruption. Convicted and removed.
• Harry E. Claiborne (1986) - Tax evasion. Convicted and removed.
• Alcee L. Hastings (1989) - Perjury and conspiracy to solicit a bribe. Convicted and removed.
• Walter L. Nixon Jr. (1989) - Perjury before a grand jury. Convicted and removed.
• Samuel B. Kent (2009) - Sexual assault and obstruction of justice. Resigned before the Senate trial.
• G. Thomas Porteous Jr. (2010) - Corruption and perjury. Convicted and removed.

Impeachment proceedings begin in the House, where any member can introduce a resolution calling for an investigation into a judge's conduct. The House Judiciary Committee typically conducts this investigation.

If the committee finds sufficient evidence, it drafts articles of impeachment. These articles are debated and voted on by the full House. A simple majority of those present and voting is required to approve at least one article, officially impeaching the judge.

Following impeachment, a trial is conducted and the Senate acts as the jury, with the Chief Justice of the Supreme Court presiding. Both House managers (acting as prosecutors) and defense counsel for the judge present their cases.

To convict and remove the judge, a two-thirds majority vote is required in the Senate. In partisan times like these, it would be rare for Democrats to vote to impeach any judge.

The integrity of the judiciary is fundamental to the democratic fabric of the United States. Ethical judges ensure fair and impartial justice, providing a crucial check on the powers of the legislative and executive branches. This impartiality is vital for both political parties, as it guarantees that laws are applied consistently and that individual rights are protected regardless of political affiliation.

A judiciary perceived as biased or corrupt can erode public confidence, leading to skepticism about the fairness of legal proceedings and the rule of law. This perception can have far-reaching implications, influencing everything from civil rights to economic stability.

Ensuring that judges adhere to ethical standards is not just about maintaining the reputation of the judiciary; it is about safeguarding democracy itself. For political parties, maintaining ethical judges is crucial as it ensures that political motivations do not undermine the judicial process. Both parties benefit from a judiciary that decides cases based on law and evidence rather than political pressure or personal bias.

Judicial appointments have become increasingly politicized, with both parties recognizing the long-term impact of appointing judges who align with their ideological perspectives. However, while the ideological leanings of judges may vary, the expectation of ethical conduct remains constant.

Unfortunately, the number of federal cases that are perceived as biased has risen sharply in the last ten years, many featuring opposition to President Trump and his policies with a corresponding drop in trust and confidence in the judicial branch from 75% in 2000 to just 50% in 2022.

Ensuring that appointees adhere to ethical standards is a bipartisan priority. The Senate's role in confirming judicial nominees involves rigorous vetting processes aimed at evaluating not only the qualifications and judicial philosophy of candidates but also their ethical standards and past conduct.

When judges fail to adhere to ethical standards, the consequences can be severe, affecting not only the individuals involved but also the broader perception of justice. Ethical lapses can lead to erosion of public trust, unjust outcomes, and increased polarization.

While the process to remove judges is daunting, simply bringing official charges and exposing unethical behavior of conflicts of interest and personal bias in the House of Representatives may begin the process of reining in biased judges.

A good start would be federal judge John McConnell from Rhode Island – whose daughter, Catherine McConnell, is a senior advisor to the Department of Education.

Parading a dozen or more judges in front of the Judiciary Committee and watching them try to justify their biased decisions will go a long way toward ending partisan bias in our federal courts.

There is a court that may be even more important than the Supreme Court – the court of public opinion.

Call your representatives and senators and demand they begin impeachment hearings for corrupt and biased federal judges.