Removal by address: Difference between revisions
++ |
++ |
||
| Line 5: | Line 5: | ||
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> | 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> | ||
== | == Process == | ||
=== Grounds for address === | |||
According to case law, address may be made for any reason whatsoever. In the 1883 case of ''Commonwealth v. Harriman'', the [[Supreme Judicial Court]] broadly declined to intervene in cases of removal by address, deeming it a political matter not appropriate for the judiciary.<ref name="kominers">{{cite journal|last1=Kominers|first1=Paul|title=Judge Day's Case: A Historical Account of ''Commonwealth v. Harriman''|volume=105|issue=2|journal=Massachusetts Law Review|pages=39–47|month=December|year=2024|url=https://massbar.org/docs/default-source/publications-document-library/massachusetts-law-review/2024/mlr-v105-n2.pdf}}</ref> | |||
Even if the alleged actions of a judge amount to impeachable offenses, address may be used as a substitute for impeachment.<ref name="clerk">{{cite book|title=Brief by the Clerk of the Senate Relative to Procedures in the Senate and General Court|last=Pidgeon|first=Norman L.|url=http://archives.lib.state.ma.us/handle/2452/507477|year=1972|location=Boston|publisher=Massachusetts State Library}}</ref>{{rp|20}} | |||
== History == | |||
=== Origin === | |||
=== Uses === | |||
==== 1787: ==== | |||
==== 1803: Theophilus Bradbury ==== | |||
== Criticism and reform efforts == | == Criticism and reform efforts == | ||
Since address can be done for any reason and is not limited to cases of judicial misconduct, the procedure has been criticized as prone to abuse. Some opponents compare it to colonial times, where judges served at the pleasure of the King and royal governor, thus enjoying little independence.<ref name="onello">{{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}}</ref>{{rp|1342}} | |||
=== 1820 Constitutional Convention === | === 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. Future Governor [[Levi Lincoln Jr.]], among others, successfully argued against the change, pointing out that there were no obvious problems with judicial independence under the current system. The proposal was rejected by the convention, with the final vote being 105{{endash}}210.<ref name="froth"/>{{rp|217}}<ref name="grinnell">{{cite book |last=Grinnell |first=Frank Washburn |authorlink= |title= The Constitutional History of the Supreme Judicial Court of Massachusetts From the Revolution to 1813|url=https://catalog.hathitrust.org/Record/102669467 |accessdate=July 12, 2025 |year=1917 |publisher=Massachusetts Bar Association |location=Boston |isbn= }}</ref>{{rp|514}} | 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. Future Governor [[Levi Lincoln Jr.]], among others, successfully argued against the change, pointing out that there were no obvious problems with judicial independence under the current system. The proposal was rejected by the convention, with the final vote being 105{{endash}}210.<ref name="froth"/>{{rp|217}}<ref name="grinnell">{{cite book |last=Grinnell |first=Frank Washburn |authorlink= |title= The Constitutional History of the Supreme Judicial Court of Massachusetts From the Revolution to 1813|url=https://catalog.hathitrust.org/Record/102669467 |accessdate=July 12, 2025 |year=1917 |publisher=Massachusetts Bar Association |location=Boston |isbn= }}</ref>{{rp|514}} | ||
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 | 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 convention and 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"/>{{rp|218}} | ||
== References == | == References == | ||
<references/> | |||
=== General === | |||
* {{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=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}} | ||
<!--* {{cite journal|last1=|first1=|title=|volume=|issue=|journal=|publisher=|pages=|month=|year=|url=|doi=}} | <!--* {{cite journal|last1=|first1=|title=|volume=|issue=|journal=|publisher=|pages=|month=|year=|url=|doi=}} | ||
{{cite book |last= |first= |authorlink= |title= |url= |accessdate= |year= |publisher= |location= |isbn= |page= |pages=}}--> | {{cite book |last= |first= |authorlink= |title= |url= |accessdate= |year= |publisher= |location= |isbn= |page= |pages=}}--> | ||