Removing judges from office: procedures and constitutional frameworks

Removing Judges: Texas

Removing Judges

Removal of Judges in Texas

Texas judges, could, according to the American Judicature Society, be removed from office in four ways. To begin with, the process of removal could in this case be set in motion by the findings of the state commission on judicial conduct. This particular commission according to the American Judicature Society "investigates, and if warranted, prosecutes allegations of misconduct by Texas judges." Should preliminary investigations reveal that claims of misconduct on the part of the judge are unfounded or fabricated, further proceedings are terminated. It is important to note that it is after the commission recommends the retirement or removal of a judge that a review tribunal is selected by the Supreme Court for purposes of verifying the recommendations made. The review tribunal is made up judges from the court of appeals. In this case, the review tribunal has the power to either affirm or dismiss the decision of the commission. Further, it could also make adjustments to the sanctions imposed, i.e. By imposing sanctions that are either more or less punitive. Judges, as the American Judicature Society points out, "may appeal decisions of the review tribunal to the supreme court."

The other method of removal is by way of impeachment. In this case, it is the House of Representatives that sets in motion the impeachment process. Two thirds of the Senate must vote for the removal of a judge for the said removal to be successful (American Judicature Society).

Third, the governor could also remove judges "on the address of two thirds of the House and Senate" (American Judicature Society). Lastly, it should also be noted that as the American Judicature Society further points out, district court judges could be removed from office by the Supreme Court.

Proposed Method(s) of Removing Judges from Office

The process of removing judges from office should be fair, just, and free of any bias. This is particularly the case given that the relevance of maintaining judicial independence, in which case judges operate without any fear of victimization, cannot be overstated. It is for this reason that I recommend the retention of only two of the judge removal approaches currently in place in Texas. These include removal via the State Commission on Judicial Conduct and impeachment by the House of Representatives and eventual removal by the Senate.

I would, however, recommend that with regard to removal via the State Commission on Judicial Conduct, the review tribunal be done away with. Instead, the recommendations of the State Commission on Judicial Conduct should be funneled directly to the Supreme Court for final determination. Given the mechanisms already in place to insulate the Supreme Court from interference, more so political interference, I remain convinced that this is the best method for the removal of judges from office.