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Interbranch Accountability in State Government and the Constitutional Requirement of Judicial Independence

1998; Duke University School of Law; Volume: 61; Issue: 3 Linguagem: Inglês

10.2307/1192414

1945-2322

Peter M. Shane,

International Law and Human Rights

II, ch. III, art. II. 4. For a hint of the sheer diversity among state constitutions with regard to removal standards, consider, for example, the constitutions of Alabama, The . . .justices of the supreme court may be removed from office for willful neglect of duty, corruption in office, incompetency, or intemperance in the use of intoxicating liquors or narcotics to such an extent, in view of the dignity of the office and importance of its duties, as unfits the officer for the discharge of such duties, or for any offense involving moral turpitude while in office, or committed under color thereof, or connected therewith, by the senate sitting as a court of impeachment, under oath or affirmation, on articles or charges preferred by the house of representatives.ALA.CONST.art.VII, § 173; Arizona, "The Governor and other State and judicial officers, except justices of courts not of record, shall be liable to impeachment for high crimes, misdemeanors, or malfeasance in office. . .."ARIZ.CONST.art.VIII, pt. 2, § 2; Georgia, Any judge may be removed, suspended, or otherwise disciplined for willful misconduct in office, or for willful and persistent failure to perform the duties of office, or for habitual intemperance, or for conviction of a crime involving moral turpitude, or for conduct prejudicial to the administration of justice which brings the judicial office into disrepute.GA.CONST.art.6, § VII(a); and Indiana, All State officers shall, for crime, incapacity, or negligence, be liable to be removed from office, either by impeachment by the House of Representatives, to be tried by the Senate, or by a joint resolution of the General Assembly; two-thirds of the members elected to each branch voting, in either case, therefor.IND.CONST.art.6, § 7.