Unpopular government in the United StatesKales, Albert Martin
History
Unpopular government in the United States
Kales, Albert Martin
United States -- Politics and government
It is, however, a grave mistake to suppose that judges exercise
their judicial power in a distasteful and arbitrary manner merely
because they hold for life or during good behavior. An arbitrary or
disagreeable course of action by a judge arises principally from the
fact that he is subject to no authority which can receive complaints
against him and act upon those complaints by way of private or public
criticism and correction of the judge. The best protection against
arbitrary and disagreeable actions by judges is a duly constituted
body of fellow judges who hold a position of superior power and
authority and to whom complaints as to the conduct of judges may
be brought and who may investigate those complaints and exercise
a corrective influence. When a considerable number of judges in a
metropolitan district are provided with a chief justice and organized
for the efficient handling of a great volume of business, the means
of securing the exercise of a corrective influence over their conduct
at once appears. Such a court must be organized into divisions for
the purpose of handling specialized classes of litigation. In a
metropolitan district like Chicago there should be an appellate
division with from six to nine judges sitting in groups of three, a
chancery division of six judges with a corps of masters, a probate and
family relations division with at least four judges and a corps of
masters and assistants, a common-law division with fifteen to eighteen
judges and a corps of masters, and a municipal court division with
thirty-three judges. The chief justice should be the presiding justice
of the appellate division and each of the other divisions should have
a presiding justice with large powers over the way in which the work of
each division is handled. The chief justice and the presiding justices
of divisions should form a judicial council or executive committee,
with considerable powers over the way the court as a whole is run. To
such a judicial council there should be committed the power to remove
from office any judge, other than the chief justice, and to reprove,
either privately or publicly, or transfer any such judge to some other
division of the court for inefficiency, incompetency, neglect of duty,
lack of judicial temperament, or conduct unbecoming a gentleman and a
judge, for the good of the service, or to promote its efficiency. The
power of removal by the council should be exercised only where written
charges have been filed and after an opportunity has been given to the
judge to be heard in his own defense.
Public-domain text, read in full here on John Shaqi.
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