The Removal of Judges by Legislative Address in Massachusetts

Abstract

While there are many noteworthy and liberal provisions in the constitution of Massachusetts, there is one of particular interest, especially at the present time, because of the wide discussion accorded the subject with which it deals. This is a provision relating to the removal of judges, and declares that a judge of any court in Massachusetts may be removed by the governor and council on an address of the legislature. When Colonel Roosevelt said in his famous speech before the Ohio Constitutional Convention at Columbus, in speaking of the recall of judges, that he favored such a drastic method of removal as was embodied in the Massachusetts constitution, many people opened their eyes in amazement. Few, of course, had ever heard of removal by address, and fewer still, if they had heard of it, understood what was meant. Their surprise was entirely natural inasmuch as no case of removal by address has taken place in Massachusetts for more than a generation.