NCJ Number
190908
Journal
International Review of Penal Law Volume: 71 Issue: 3-4 Dated: 2001 Pages: 277-297
Date Published
2001
Length
21 pages
Annotation
This article discusses judicial discipline in the United States and the development of judicial conduct codes and presents and discusses the American Bar Association’s Model Code of Judicial Conduct.
Abstract
The discussion notes that older approaches that were sometimes used occasionally featured involvement by the political branches of government. However, the modern trend in judicial discipline emphasizes disciplinary actions by commissions of judges themselves. Actions by the legislature include address and impeachment. Actions by voters include voter approval of retention for both elected and appointed judges and removal in jurisdictions with recall procedures. Some judicial misconduct might violate the code of conduct for attorneys and might result in discipline through the bar association. Lawsuits against judges have to deal with the problem of judicial immunity, but the immunity shield generally does not protect judges against criminal liability. Federal and State laws seek to ensure the impartiality of judges by specifying standards for disqualification. Overall, formal discipline by judicial misconduct commissions is currently the most important means for dealing with judicial misconduct. The standards most often used to assess the conduct of judges exist in court-adopted codes of conduct. Footnotes