How does a judge get impeached
Impeachment in the states has been similarly rare. A review of studies by the American Judicature Society and the National Center for State Courts, as well as news articles, reveals just two instances of a state judge being impeached in the last 25 years. In , Pennsylvania impeached and removed the first and only judge in its history, Supreme Court Justice Rolf Larsen, and in New Hampshire impeached, but the state senate declined to remove, Supreme Court Justice David Brock. There are more instances, however, of legislators unsuccessfully calling for the impeachment of a judge.
However, the impeachment power has historically been limited to cases of serious ethical or criminal misconduct. For example, in , the House impeached U. District Court Judge Samuel B. Kent on charges of sexual assault, obstructing an official proceeding, and making false statements. Kent resigned before the Senate tried the charges. The next year, the House impeached U. District Court Judge G. Thomas Porteous, Jr. The Senate convicted Porteous. Of the 15 federal judicial impeachments in history, the most common charges were making false statements, favoritism toward litigants or special appointees, intoxication on the bench, and abuse of the contempt power.
While state constitutions vary in their definitions of impeachable offenses, the few recent successful impeachment efforts in states confirm that legislators generally have limited that power to cases of serious ethical and criminal violations. For example, the removal of Pennsylvania Supreme Court Justice Rolf Larsen involved charges that Larsen had asked a doctor to write fraudulent drug prescriptions, improperly communicated with lawyers and a trial judge about a pending case, and lied under oath.
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