Removal by address
Removal by address is a process by which the Legislature, Governor, and Governor's Council may remove state judges from office.
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."[1] 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.
List of uses
Comparison with other states
References
- Kominers, Paul (December 2024). "Judge Day's Case: A Historical Account of Commonwealth v. Harriman". Massachusetts Law Review 105 (2): 39–47. https://massbar.org/docs/default-source/publications-document-library/massachusetts-law-review/2024/mlr-v105-n2.pdf.
- Nugent, John T. (1979). "Removal of Judges by Legislative Action". Journal of Legislation (Notre Dame, Indiana: Notre Dame Law School) 6 (1): 140–152. https://scholarship.law.nd.edu/jleg/vol6/iss1/12.
- Onello, Harriet Holzman (1979). "The Massachusetts Bill of Address: Due Process Considerations of Judicial Removal". Suffolk University Law Review (Suffolk University Law School) 13 (5): 1319–1385. https://heinonline.org/HOL/P?h=hein.journals/sufflr13&i=1415.
- Frothingham, Louis A. (May 1914). "The Removal of Judges by Legislative Address in Massachusetts". The American Political Science Review (American Political Science Association) 8 (2): 216–221. doi:10.2307/1946231. https://www.jstor.org/stable/1946231.
- Black, Henry Campbell (July 1918). "Removal of Judges on Legislative Address". The Constitutional Review (National Association for Constitutional Government) 2 (3): 182–188. https://heinonline.org/HOL/P?h=hein.journals/tcr2&i=188.
- ↑ Massachusetts Constitution, Part the Second, Chapter III, Article I.