Chapter 8
Judges
6. Explain the difference between the impeachment and the removal of a federal
judge.
LESSON PLAN
Correlated to PowerPoints
I. The Position of Judge
Learning Objective 1: Discuss the role of the judge within the courtroom work
group.
A. Powers of the Judge
i. The formal powers of judges extend throughout the criminal court
process. From arrest to final disposition, the accused face judges
whenever decisions affecting their futures are made.
ii. Judges set bail and revoke it; they determine whether sufficient probable
cause exists to hold defendants; they rule on pretrial motions to exclude
evidence; they accept pleas of guilty; if a trial takes place, they preside;
and after conviction, they set punishment.
iii. In the course of their workday, they conduct hearings, accept guilty pleas,
impose sentences, or work in chambers.
iv. In carrying out the responsibilities of the office, judges mainly react to
the work of prosecutors and defense attorneys.
B. Benefits of the Job
i. Judges have been given a high level of prestige and respect.
ii. Federal judges enjoy life terms, as do judges in a handful of states. Terms
of office for state judges range from 6 to 10 years, a reflection of the
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vi. Many judgeships carry with them considerable patronage powers.
Learning Objective 2: Name the three major ways that judges are selected in the
United States.
A. Judges are constrained by the actions of other members of the courtroom
work group—prosecutors, defense attorneys, and probation officers.
B. Sanctions can be applied against judges who deviate from the consensus of
the courtroom work group, but by no means are judges totally controlled by
the courtroom work group.
C. As the most prestigious members of the group, judges can bring numerous
pressures to bear on prosecutors, defense attorneys, and others.
D. The amount of influence judges actually exert on the other members of the
courtroom work group varies. Some judges are active leaders of the
courtroom work group while other judges have a laissez-faire attitude.
E. In large courts, “judge shopping” is a common practice.
F. Although organizational pressures work to provide a certain degree of
consistency among judges, any examination of a multi-judge court
immediately shows that judges differ in terms of the sentences they hand out,
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ii. The major formal selection methods used in states include partisan
i. None of the original 13 states elected its judges, but the majority of states
today use some sort of election mechanism to select at least some of their
judges. The concept of an elected judiciary is a uniquely American
invention for democratizing the political process.
J. Merit Selection
i. In response to concerns about electing judges, legal reformers advocate
merit selection, also known as the Missouri Bar Plan after the first state
to adopt it in 1940.
Class Discussion/Activity 2
Which form of judicial selection do you think is best? What are the differences?
See Assignments 1 and 2
III. Consequences of Judicial Selection
Learning Objective 3: Analyze the consequences of different methods of judicial
selection.
Learning Objective 4: Recognize major changes in the composition of the bench
over the past several decades.
A. Which System Is Best?
i. In evaluating which selection system is best, a key criterion is whether
one system produces better judges than another. Researchers use
measurable judicial credentials, such as education and prior legal
experience, as indicators of judicial quality. These studies point to two
different types of conclusions. From the standpoint of individuals who
want to become judges, methods of judicial selection make a difference,
but not much.
ii. When legislators appoint judges, former legislators are more likely to be
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iv. Elective systems elevate to the bench a higher proportion of persons who
i. The profile of judges as white males has begun to change. Federal
appointments have begun to include more women and minorities. The
picture with regard to state judges is significantly more complicated.
ii. Until the 20th century, the number of female judges in America was so
small that they could be counted on the fingers of one hand. The 20th
century began witnessing gradual changes.
iii. As the number of women serving on the state and federal benches has
risen, there has been an understandable interest in probing the
“difference” women may bring to the bench (Martin, 1993). Most studies
find no gender differences among judges (Miller & Maier, 2008).
iv. That African-Americans are under represented on the bench is partially a
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campaigns are financed by special interest groups such as trial lawyers and big
Learning Objective 5: Describe the activities of state judicial conduct
commissions.
Learning Objective 6: Explain the difference between the impeachment and the
removal of a federal judge.
A. What should be done about unfit judges? Although there is a lack of clarity in
what attributes a good judge should possess, it is apparent that a few judges
do not fulfill minimal standards.
B. Judicial Independence
i. A system for removing unfit judges, while at the same time guaranteeing
judicial independence, is a critical issue. Systems for removing or
disciplining unfit judges must not only strike a balance between judicial
accountability and judicial independence, it must also grapple with the
wide range of misbehavior encompassed by the phrase “judicial
misconduct” (Begue & Goldstein, 1987).
C. Judicial Performance
i. Judicial performance evaluations (JPEs) can assist judges in improving
their own performance and provide the public within information about
the judge.
D. Judicial Misconduct
i. One of the most difficult situations involves judges of advanced years
whose mental capacity has become impaired. A growing number of states
impose mandatory retirement ages for judges.
ii. Formal methods for removing unfit judges—recall elections and
impeachment proceedings—are generally so cumbersome that they have
seldom been used.
E. State Judicial Conduct Commissions
i. A more workable method for dealing with judicial misconduct is the
judicial conduct commission. The commission, made up of judges,
lawyers, and prominent laypersons, investigates allegations of judicial
misconduct and, when appropriate, hears testimony.
ii. If the commission finds in favor of the judge, the investigation is closed,
and the matter is permanently concluded (Miller, 1991).
iii. If the complaint has merit, the commission may recommend a sanction of
private admonishment, public censure, retirement, or removal. The state
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supreme court retains the final power to discipline errant judges
(Gardiner, 1986).
F. Federal Conduct and Disability Act
i. In 1980, Congress passed the Judicial Councils Reform and Judicial
Conduct and Disability Act, which lays out a precise mechanism for
acting on complaints against federal judges.
ii. Complaints are initially heard by the judicial councils. Most result in
either a finding of no misconduct or the imposition of nonpublic
sanctions.
iii. However, if substantial evidence of serious misconduct exists, the judicial
council sends a written report to the Judicial Conference, which may
recommend that the U.S. House of Representatives begin impeachment
procedures.
iv. Impeachment does not mean conviction, but rather allegations of
wrongdoing. The trial on the articles of impeachment is conducted before
the Senate.
v. Conviction requires a two-thirds vote of the senators present and carries
with it removal from office and disqualification from holding any future
office.
Class Discussion/Activity 3
What is judicial independence? How can the interests of judicial independence and
judicial accountability be balanced? Which of those values do you think our system
currently lacking, independence or accountability? Explain.
Class Discussion/Activity 4
What should be done about judicial misconduct? How might culpability be a
consideration in decisions regarding how to respond to incidents of judicial
misconduct?
What If Scenario
What if you are on a judicial conduct commission investigating a judge in your state
accused of arranging to have criminal charges against friends and family dropped?
What information would you seek to determine whether to sanction the judge? What
sanction would you choose if the judge were impeached and found guilty at trial?
See Assignments 3, 4, 5, 6, and 7
V. Judicial Ethics
A. The American Bar Association (ABA) developed a Model Canons of Judicial
Ethics, similar to the codes of legal ethics, but each state has adopted its own
canons of judicial ethics. The purpose of these codes of judicial conduct is to
preserve the integrity of the judicial system and to foster public confidence in
the system (Gray, 2003).
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judicial election: Method of judicial selection in which the voters choose judicial
supports merit selection. Although most judges are still white, upper middle-class males,
2. Judges are appointed by executives (like governors and the president), elected by the
voters, or appointed through a merit selection process. Consider the importance of
judicial independence. Do students have any other ideas about different ways to
3. Judicial independence is a concept vital to neutral and impartial decision-making.
2. “What System Does Your State Use?”
http://www.judicialselection.us/
3. Utilize the Internet to research judges in your county. Have there been any cases of
misconduct mentioned in the newspaper, on ‘watchdog’ websites, or otherwise
reported online? If so, were these cases you had heard about in the news prior to
5. “State Judicial Conduct Commissions”
http://www.scjc.texas.gov/disciplinary-actions/
• Texas State Commission on Judicial Conduct website
• Assignment: Have students research the site and report what sanctions have
been implemented in the last year. How many judges were sanctioned? What
6. “ABA Model Code of Judicial Conduct”
http://www.americanbar.org/groups/professional_responsibility/publications/model_c
ode_of_judicial_conduct.html
7. What is the difference between impeachment and removal of a federal judge? Why is