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Tuesday, March 17, 2009

Impeaching Judges: Time for a Rethink - David O. Stewart

The change in administrations has ended the fanciful talk of impeaching the president, yet Congress still faces two cases concerning the meat-and-potatoes of American impeachments: removing wayward lower court judges. For those cases, often viewed in Congress as annoying and unimportant, the constitutional process is both cumbersome and unfair to the accused. It should be replaced.

The two potential impeachment cases raise no momentous constitutional issues. They turn on allegations of sordid out-of-court conduct.

A judicial panel recommended the removal of District Judge Thomas Porteous of Louisiana, a 1994 appointee of President Clinton, for actions that range from unwise to felonious. As a federal judge, he allegedly drank and gambled too much, overused his credit cards, and filed a bankruptcy petition under a false name. While a state court judge, he supposedly accepted cash from lawyers who then won valuable court assignments. ...

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