Federal judges typically serve for life, but sometimes, even judges behave badly. In those cases, Article I of the United States Constitution provides an impeachment process for federal judges. While extremely rare, it is possible and has occurred at various times throughout U.S. history. The most recent impeachment happened in 2010, when G. Thomas Porteous, Jr., a federal district court judge, was impeached for bribery and perjury.
What Acts Qualify for Impeachment?
The impeachment process outlined in the Constitution provides a removal method if a federal judge engages in “high crimes and misdemeanors,” which goes along with the concept of checks and balances created by the Framers.
This process is intended to protect Federal Courts from inside corruption and acts that threaten the American rule of law, such as conflicts of interest, receiving gifts from individuals who are participants in court cases without reporting such gifts, and other acts that threaten American democracy.
The impeachment process, however, is not in place for political gamesmanship or to get judges off the court because of unfavorable opinions or decisions people disagree with.
Beginning the Process
So, how does one exactly go about impeaching a federal judge?
It is not a simple process. First, a member or committee of the House of Representatives has to start proceedings to impeach a federal judge. This member or committee must provide a specific reason why the judge is no longer fit to serve.
For example, in early July 2024, Alexandria Ocasio-Cortez, U.S. Representative for the State of New York, introduced articles of impeachment against two United States Supreme Court Justices, Clarence Thomas and Samuel Alito.
Representative Ocasio-Cortez alleged that the Justices failed to disclose millions of dollars in gifts received over a span of years from people who own businesses that were directly involved with court cases. She also alleged that the Justices refused to recuse themselves from cases where there was a conflict of interest.
Investigation
After this, a committee thoroughly investigates the matters that prompted the impeachment proceedings and determines whether they are valid.
This will include fact-finding hearings in which people with knowledge of the alleged "high crimes and misdemeanors" may be called to testify under oath.
Articles of Impeachment
If the committee determines that the federal judge committed the wrongdoing they were accused of, they draft formal articles of impeachment.
These are equivalent to pressing charges against someone, although Congress has no authority to press criminal charges. The Department of Justice would be responsible for any criminal proceedings. Congress is only responsible for impeachment.
Voting and Trial
After the committee drafts the articles of impeachment, the House of Representatives must vote on whether to impeach the judge. A majority vote is enough to send the impeachment on to the Senate. If the majority votes no, the House of Representatives does not impeach the judge, and the matter ends.
The Role of the Senate
If the House votes a majority for the judge’s guilt, the process goes to the Senate, where individual senators act as judges and have the power to convict the judge on the articles of impeachment. The Senate sits as a High Court of Impeachment.
It conducts a trial with witnesses and attorneys for the prosecution and defense making their cases. However, it is still not a criminal trial, and instead of a guilty verdict, the Senate votes for impeachment. The Senate must vote by a supermajority, or two-thirds, to impeach.
Once the Senate convicts a federal judge, the judge must leave the official office immediately. The Senate may also prevent that judge from holding office in the future.
Related Resources
- Biden Proposes Term Limits for SCOTUS (FindLaw's Federal Courts)
- Tenure of Federal Judges (FindLaw's U.S. Constitution)
