Judicial Discipline in the States

Abstract

Wielding significant power over the parties before them, judges are expected to exhibit integrity, impartiality, and independence and to avoid even the appearance of impropriety. Codifying these expectations, judicial ethics codes govern all state judges, and judicial conduct commissions monitor, enforce, and publicize code compliance (or the lack of it). These commissions seek to provide accountability to judges and confidence to the public that judges are not above the law or below the dignity of judicial office. Prepared in anticipation of the IAALS Judicial Discipline Convening, this paper surveys judicial disciplinary processes, offers comparisons, and highlights several issues of divergence and controversy within state disciplinary systems. The issues raised go to the heart of the judicial disciplinary system’s impartiality, independence, integrity, transparency, fairness and efficiency.