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Thread: Judges, is there any means of disqualifying them?

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    Default Judges, is there any means of disqualifying them?

    I am not an American, so the systems of justice there are not part of my education.
    I am aware that Supreme Court justices are appointed for life, but Judge Cannon, is she there for life or is there a mechanism for taking her appointment from her?
    I'm sure that if she was removed from office that would cause an outcry, but is it possible?

    John Welsford
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    Default Re: Judges, is there any means of disqualifying them?

    I'm sure there is but the very good reason for not doing it easily is necessity of the separation of the law/State and politics. But when that is corrupted by the actual appointments, and judges at some level are elected officials, then the water becomes very muddy indeed. It relies on ethics in politics and on the part of lawyers…………. enough said about both of those

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    Default Re: Judges, is there any means of disqualifying them?

    .
    Impeachment. But fat chance.
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    Default Re: Judges, is there any means of disqualifying them?

    reds claim there's a second amendment solution, whatever that means
    Simpler is better, except when complicated looks really cool.

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    Default Re: Judges, is there any means of disqualifying them?


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    Default

    Quote Originally Posted by john welsford View Post
    I am not an American, so the systems of justice there are not part of my education.
    I am aware that Supreme Court justices are appointed for life, but Judge Cannon, is she there for life or is there a mechanism for taking her appointment from her?
    I'm sure that if she was removed from office that would cause an outcry, but is it possible?

    John Welsford


    Life tenure for all Federal judges.

    That's why Mitch McConnell and the right-winger want to appoint young barely-qualified ideologues without enough paper trail or track record to be able to discern what they're about.

    Once a 35-year extremist is on the bench, they're there for the next 40 years.
    You would not enjoy Nietzsche, sir. He is fundamentally unsound. — P.G. Wodehouse (Carry On, Jeeves)

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    Default Re: Judges, is there any means of disqualifying them?

    You can't and shouldn't remove a judge because you disagree with the judge's decision. That's why for federal court judges it's a lifetime appointment.
    What's not on a boat costs nothing, weighs nothing, and can't break

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    Default Re: Judges, is there any means of disqualifying them?

    Quote Originally Posted by john welsford View Post
    I am not an American, so the systems of justice there are not part of my education.
    I am aware that Supreme Court justices are appointed for life, but Judge Cannon, is she there for life or is there a mechanism for taking her appointment from her?
    I'm sure that if she was removed from office that would cause an outcry, but is it possible?
    Impeachment seems to be the preferred way to remove judges, but ...

    Congress is responsible for creating the courts below the Supreme Court. This presents the option of eliminating some or all of the courts, creating essentially identical courts, and appointing new judges.

    On the other hand the Supreme Court has the ability to correct any errors in the law or judgement that they see.
    Life is complex.

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    Default Re: Judges, is there any means of disqualifying them?

    I believe in Canada parliament can give them the boot.
    But I am not certain.
    basil

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    Quote Originally Posted by goodbasil View Post
    I believe in Canada parliament can give them the boot.
    But I am not certain.
    Our Congress can get rid of them, via impeachment.

    Our constitution's Article III Section 1 says:

    "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 behaviour..."

    So the Congress controls the structure of the Federal judiciary (including the composition of the Supreme Court).

    Tradition and precedent hold that "during good behaviour" means life tenure, with removal via impeachment being the only way to get rid of a rotter.

    Section 2 goes on to say:

    "The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;--to all cases affecting ambassadors, other public ministers and consuls;--to all cases of admiralty and maritime jurisdiction;--to controversies to which the United States shall be a party;--to controversies between two or more states;--between a state and citizens of another state;--between citizens of different states;--between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects.

    In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make."

    That means the Congress may restrict, within limits, the jurisdiction of the Supreme Court.
    You would not enjoy Nietzsche, sir. He is fundamentally unsound. — P.G. Wodehouse (Carry On, Jeeves)

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    Default Re: Judges, is there any means of disqualifying them?

    The problem lies not with the guns-for-hire that get the gigs, but with the ethics, morals and motivation of those that chose them. They are politicians. Party poliicians are generally picked by a small powerful group witthin a party structure. Ergo the voters either accept the rather dodgy train of events that follow, or exercise their rights as citizens with somewhat better discipline.

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    Default Re: Judges, is there any means of disqualifying them?

    Quote Originally Posted by Bobcat View Post
    You can't and shouldn't remove a judge because you disagree with the judge's decision. That's why for federal court judges it's a lifetime appointment.
    Quote Originally Posted by Nicholas Carey View Post
    Life tenure for all Federal judges.

    That's why Mitch McConnell and the right-winger want to appoint young barely-qualified ideologues without enough paper trail or track record to be able to discern what they're about.

    Once a 35-year extremist is on the bench, they're there for the next 40 years.
    My namesake nails it.
    The problem is that in the US of A judges are political animals, in a Patron-Client relationship with the political party that appointed them. See Judge Aileen Cannon.

    They should be obliged to sign up to a Code of Practice that demands political and religious impartiality, overseen by a governing body with teeth.
    It really is quite difficult to build an ugly wooden boat.

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    Default Re: Judges, is there any means of disqualifying them?

    Judges in courts below the supreme court can be disciplined by the courts system. About the worst they can do to a district judge is stop assigning cases to that judge for "a limited and defined period of time", pressure the judge to retire (with full pension) or send the judge a "you have been a bad judge" letter.

    Scroll down on this page to see the full procedure - https://www.uscourts.gov/judges-judg...lity-complaint

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    Default Re: Judges, is there any means of disqualifying them?

    One forumite says he would refuse to find anyone guilty when on a jury because he reckons the whole legal system is bent from the top.
    He has a point.

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    Default Re: Judges, is there any means of disqualifying them?

    ^ it's a not uncommon view..

    Quote Originally Posted by skuthorp View Post
    The problem lies not with the guns-for-hire that get the gigs, but with the ethics, morals and motivation of those that chose them. They are politicians. Party poliicians are generally picked by a small powerful group witthin a party structure. Ergo the voters either accept the rather dodgy train of events that follow, or exercise their rights as citizens with somewhat better discipline.
    which is why Howard Zinn, reviled by Dems who imagine we still live in a state of normalcy, said this on the occasion of John Roberts being foist upon us - and Dems still ignore him.

    "It would be naive to depend on the Supreme Court to defend the rights of poor people, women, people of color, dissenters of all kinds. Those rights only come alive when citizens organize, protest, demonstrate, strike, boycott, rebel, and violate the law in order to uphold justice. - Howard Zinn"

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    Default Re: Judges, is there any means of disqualifying them?

    …..and all governments hate it whey we do, however media proprietors increase their profits…………….

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    Default Re: Judges, is there any means of disqualifying them?

    Useful link. Thanks.

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