BAD BEHAVIOR
Racist Judge Jack McConnell, Who Halted President Trump’s Temporary Spending Freeze, Received Over $100 Million in Government Funding for His NGO
https://www.thegatewaypundit.com/2025/02/racist-judge-jack-mcconnell-who-halted-president-trumps/
Article III – The Judicial Branch Note
Section 1 – Judicial powers
The judicial Power of the United States, shall be vested in one supreme
Court, and in such inferior Courts as the Congress may from time to time ordain and establish.The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services a Compensation which shall not be diminished during their Continuance in Office.
https://www.usconstitution.net/const-html/#A3Sec1
REMOVING FEDERAL JUDGES WITHOUT IMPEACHMENT
https://www.yalelawjournal.org/forum/removing-federal-judges-without-impeachment
(excerpts)
The Constitution authorizes the impeachment of federal judges, but it nowhere says that they can be removed only through impeachment. Nor do the Constitution’s relevant provisions easily lend themselves to any such reading….
…Similarly, Article III conditions a judge’s tenure on continued “good Behaviour”; the clear implication is that misbehavior can terminate a judge’s stay in office…
…II. Independent Concepts: “Good Behaviour” Tenure and Impeachment
In English law, good behavior (quamdiu se bene gesserit) was a familiar legal term commonly used to describe tenure in such items as property, offices, employments, and licenses.The term meant that possession of the item would continue until the holder was shown, in a judicial proceeding, to have misbehaved.A grant during good behavior was distinguished from appointment during pleasure (durante bene placito).Thus, someone granted tenure during pleasure could be removed at will by the grantor, but someone granted tenure during good behavior could be removed only upon being convicted of misbehavior in a judicial proceeding.This understanding was affirmed over and over again during the seventeenth and eighteenth centuries. Contrary to what one might suppose, good behavior tenure was not something peculiar to judges, or even to public officials. Private parties could and did grant good behavior tenure.
SEPARATION OF POWERS
https://www.usconstitution.net/consttop_sepp-html/
CHECKS & BALANCES OF POWER
https://www.usconstitution.net/consttop_cnb-html/
Impeachment of Judiciary falls to the House/Senate.
But what about being removed for BAD BEHAVIOR?
There is nothing constitutionally suspect about government officials investigating allegations of judicial misconduct and then making reports to Congress and the executive branch. Under any reading of the Constitution, the political branches have the authority to investigate and sanction judges. The chambers of Congress can impeach, convict, and remove based on proper evidence of high crimes and misdemeanors. And whatever Congress decides, the executive may prosecute any judges whom it believes has violated the law. The proposed Inspector General would merely make it easier to prosecute and convict miscreant judges. Moreover, under our reading of good behavior, information gathered by the Inspector General also could be used to prove in court that a judge had misbehaved and had thereby violated the terms of her tenure.,,
,,,Too much emphasis has been laid on the independence of judges and not enough on the Constitution’s provisions that promote judicial accountability, which include the grant of life tenure subject to termination for misbehavior.
..Congress clearly can adopt measures to help the chambers impeach and convict.But Congress can go further and adopt statutes that remove judges upon proof of judicial misbehavior. Any such procedures would have to afford an accused judge the due process rightsassociated with conviction for a serious offense. But a procedure meeting those demanding requirements could culminate in removal—without the need for a wholly independent impeachment procedure.
https://www.yalelawjournal.org/forum/removing-federal-judges-without-impeachment
Article Oct 2006