Removal by address: Difference between revisions
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The [[Massachusetts Constitution]] states that "judicial officers...shall hold their offices during good behavior...provided nevertheless, the governor, with consent of the council, may remove them upon the address of both houses of the legislature."<ref>Massachusetts Constitution, Part the Second, Chapter III, Article I.</ref> In other words, if the Senate and House of Representatives both request that a judge be removed from office, the Governor can remove the judge with the approval of the Governor's Council. | The [[Massachusetts Constitution]] states that "judicial officers...shall hold their offices during good behavior...provided nevertheless, the governor, with consent of the council, may remove them upon the address of both houses of the legislature."<ref>Massachusetts Constitution, Part the Second, Chapter III, Article I.</ref> In other words, if the Senate and House of Representatives both request that a judge be removed from office, the Governor can remove the judge with the approval of the Governor's Council. | ||
Unlike with [[impeachment]], no reason is required for removals by address. Although legislative hearings are traditionally held during consideration of bills of address, there is no formal requirement that a person subject to removal receive a hearing.<ref name="froth">{{cite journal|last1=Frothingham|first1=Louis A.|title=The Removal of Judges by Legislative Address in Massachusetts|volume=8|issue=2|journal=The American Political Science Review|publisher=American Political Science Association |pages=216–221|month=May|year=1914|url=https://www.jstor.org/stable/1946231|doi=10.2307/1946231}}</ref> | |||
== List of uses == | == List of uses == | ||
== | == Criticism and reform efforts == | ||
=== 1820 Constitutional Convention === | |||
During the [[Constitutional Convention of 1820]], some delegates proposed a constitutional amendment to require a two-thirds vote of both houses for removal by address. The proposal was rejected by a majority of delegates.<ref name="froth"/> | |||
Another amendment stipulated that subjects of address receive a fair hearing before legislative action and that a public reason for removal be given. This amendment was adopted by the legislature, and it was bundled with an amendment limiting legislative power to request advisory opinions from the [[Supreme Judicial Court]]. The bundled amendment was rejected by voters at the subsequent ratification election.<ref name="froth"/> | |||
== References == | == References == | ||
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* {{cite journal|last1=Nugent|first1=John T.|title=Removal of Judges by Legislative Action|volume=6|issue=1|journal=Journal of Legislation|pages=140–152|year=1979|url=https://scholarship.law.nd.edu/jleg/vol6/iss1/12|publisher=Notre Dame Law School|location=Notre Dame, Indiana}} | * {{cite journal|last1=Nugent|first1=John T.|title=Removal of Judges by Legislative Action|volume=6|issue=1|journal=Journal of Legislation|pages=140–152|year=1979|url=https://scholarship.law.nd.edu/jleg/vol6/iss1/12|publisher=Notre Dame Law School|location=Notre Dame, Indiana}} | ||
* {{cite journal|last1=Onello|first1=Harriet Holzman|title= The Massachusetts Bill of Address: Due Process Considerations of Judicial Removal|volume=13|issue=5|journal=Suffolk University Law Review|publisher=Suffolk University Law School|pages=1319–1385|year=1979|url=https://heinonline.org/HOL/P?h=hein.journals/sufflr13&i=1415}} | * {{cite journal|last1=Onello|first1=Harriet Holzman|title= The Massachusetts Bill of Address: Due Process Considerations of Judicial Removal|volume=13|issue=5|journal=Suffolk University Law Review|publisher=Suffolk University Law School|pages=1319–1385|year=1979|url=https://heinonline.org/HOL/P?h=hein.journals/sufflr13&i=1415}} | ||
* {{cite journal|last1=Black|first1=Henry Campbell|title=Removal of Judges on Legislative Address|volume=2|issue=3|journal=The Constitutional Review|publisher=National Association for Constitutional Government|pages=182–188|month=July|year=1918|url=https://heinonline.org/HOL/P?h=hein.journals/tcr2&i=188}} | * {{cite journal|last1=Black|first1=Henry Campbell|title=Removal of Judges on Legislative Address|volume=2|issue=3|journal=The Constitutional Review|publisher=National Association for Constitutional Government|pages=182–188|month=July|year=1918|url=https://heinonline.org/HOL/P?h=hein.journals/tcr2&i=188}} | ||
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