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Judicial Discipline

NCJ Number
78141
Date Published
Unknown
Length
10 pages
Annotation
This paper discusses the establishment of judicial discipline commissions in the United States; impetus for development, major issues, and commission development in Nevada are emphasized.
Abstract
In 1960, California established the first judicial discipline commission to discipline judges who committed less than an impeachable offense. By 1980, all 50 States and the District of Columbia had established discipline commissions. Nevertheless, the establishment of such commissions was difficult, as the concept of a discipline commission for judges was highly controversial when first proposed. Proponents argued that some judges abused the public trust. They also argued that the election of judges was not the best method to hold judges accountable for actions. Opponents suggested that an independent judiciary was more important than the removal of a few unsatisfactory judges. The Nevada Commission on Judicial Discipline was established in 1976, based on the model of the California commission. The commission investigates complaints and then holds a preliminary hearing to determine complaints and then holds a preliminary hearing to determine complaint validity. Judges can be removed from office or retired for willful misconduct, failure to perform the duties of the office, habitual intemperance, advanced age which interferes with performance, or mental or physical disability preventing proper performance. Six suggested readings and nine footnotes are included.