The American JudiciaryBaldwin, Simeon E. (Simeon Eben)
History
The American Judiciary
Baldwin, Simeon E. (Simeon Eben)
Courts -- United States; Law -- United States -- History
In all but three States (Massachusetts, New Hampshire and Rhode
Island) at the present time all judges hold for a term of years,
and as a general rule those of the higher courts have longer
terms than those of the inferior ones. The change from life
tenure to that for a term of years was partly due to several
instances which occurred early in the nineteenth century, in
which it was evident that judges had outlived their usefulness.
Judge Pickering of the District Court of New Hampshire lost his
reason, and to get rid of him it became necessary to go through
the form of impeachment. In 1803, Judge Bradbury of the Supreme
Judicial Court of Massachusetts, who had been incapacitated by
paralysis, was displaced in the same way, though only a few
months before his death. In 1822, an old man who was the chief
judge of one of the judicial districts of Maryland was presented
by the grand jury as a "serious grievance," on account of his
habitual absence from court. His physician certified that his
life would be hazarded if he undertook to attend, but the natural
answer was that then he should resign.
At present, for judges of the State courts of last resort, the
term in Pennsylvania is twenty-one years (but with a prohibition
of re-election); in Maryland, fifteen; in New York, fourteen; in
California, Delaware, Louisiana, Virginia, and West Virginia,
twelve; in Michigan, Missouri, and Wisconsin, ten; in Colorado,
Illinois, and Mississippi, nine. The general average is eight,
although that particular number obtains in but seven States. In
eighteen it is six. The shortest term is two, and is found in
Vermont. It may be noted that the original rule in Vermont was
to elect judges annually. As compared with the terms of office
prescribed at the middle of the nineteenth century, those at the
opening of the twentieth are on the average decidedly longer.
* * * * *
The compensation of most American judges is a fixed salary.
In some States, courts of probate and insolvency, and in all
justices of the peace when holding court, are paid by such fees
as they may receive, at statutory rates, for business done. As
in the case of sheriffs and clerks, judges under such a system
sometimes receive a much larger official income than any one
would venture to propose to give them were they to be paid for
their services from the public treasury. A clerk of court often
receives more than the judge, and some judges of probate and
insolvency more than the Chief Justice of their State.
Public-domain text, read in full here on John Shaqi.
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