Judicial Tenure ACT: Hearing Before the Subcommittee on Improvements in Judicial Machinery of the Committee on the Judiciary, United States Senate, Ninety-Fifth Congress, First Session, on S. 1423 September 14, 1977
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Excerpt from Judicial Tenure Act: Hearing Before the Subcommittee on Improvements in Judicial Machinery of the Committee on the Judiciary, United States Senate, Ninety-Fifth Congress, First Session, on S. 1423 September 14, 1977The subcommittee met,MoreExcerpt from Judicial Tenure Act: Hearing Before the Subcommittee on Improvements in Judicial Machinery of the Committee on the Judiciary, United States Senate, Ninety-Fifth Congress, First Session, on S. 1423 September 14, 1977The subcommittee met, pursuant to notice, at 9:07 a.m., in room 2228, Dirksen Senate Office Building, Senator Dennis DeConcini (chairman of the subcommittee) presiding.Staff present: Romano Romani, staff director- Robert E. Feidler, counsel- Michael J. Altier, deputy counsel- Kathryn M. Coulter, chief clerk- and Brian Clymer, staff member.Senator DeConcini. The Subcommittee on Improvements in Judicial Machinery will come to order.Today we will hold a hearing on the proposed Judicial Tenure Act. The bill, S. 1423, is before the subcommittee for consideration.S. 1423 was introduced by Senator Nunn of Georgia and provides a means for the removal or censure as well as authorizes the involuntary retirement of Federal judges.The theory of this legislation is to give meaning to the provision in article III of the U.S. Constitution that says, judges, both of the Supreme Court and inferior courts, shall hold their offices during good behavior.The bill establishes a Council on Judicial Tenure, consisting of one member from each of the circuits, elected by the circuit and district judges of each circuit at a judicial conference of each circuit, together with one member elected by all the judges of the three special courts - the Court of Claims, the Court of Customs and Patent Appeals, and the Customs Court.This body would be authorized to receive complaints and, if frivolous or outside the scope of the act, to dismiss them. If the complaint is not initially dismissed, the Council will refer the complaint to the circuit judicial council of the appropriate circuit, to the Chief Justice of the Supreme Court or a chief judge of one of the three special courts. At the local level, an inquiry will be made into the allegations and a written report will be prepared and forwarded to the Council on Judicial Tenure.Upon receipt of the report, the Council on Judicial Tenure will further investigate the matter and if a sufficient basis exists to warrant a hearing, the Council or its representatives would appear before the Court on Judicial Discipline as an advocate for any recommendation of the Council.About the PublisherForgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.comThis book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully- any imperfections that remain are intentionally left to preserve the state of such historical works.