Greetings International Business Tribune readers!
2011 saw more efforts to impeach or otherwise legislatively remove state judges from office than at any point in recent history, indeed perhaps in all of U.S. history. 14 bills in 7 states sought the impeachment of numerous judges, including the entire Superior Court of New Hampshire. In all but two instances (Bass-LeSure in Oklahoma & Berry in Pennsylvania), the sole accusation was that the judge(s) in question issued opinions that displeased members of the legislature. One such effort against Missouri Circuit Court Judge John A. Ross appeared timed to derail the judge’s confirmation to a seat on a Federal court.
This is in addition to the numerous efforts to codify anticipatory impeachment threats through statutes that specifically warn any future judge that renders an opinion striking down the statute itself or rendering certain opinions saying X has committed an impeachable offense.
Many of these efforts will be carried over into the 2012 session and every indication is that additional impeachment attempts based on judicial opinions will be forthcoming in the new legislative year.
| State | Bill | Form of removal | Target | Reason for removal request | Status |
| Iowa | HR 47 | Impeachment | Supreme Court Justice Brent Appel | Same sex marriage decision Varnum v. Brien | Maybe carried over in 2012 |
| Iowa | HR 48 | Impeachment | Supreme Court Chief Justice Mark Cady | Same sex marriage decision Varnum v. Brien | Maybe carried over in 2012 |
| Iowa | HR 49 | Impeachment | Supreme Court Justice Daryl Hecht | Same sex marriage decision Varnum v. Brien | Maybe carried over in 2012 |
| Iowa | HR 50 | Impeachment | Supreme Court Justice David Wiggins | Same sex marriage decision Varnum v. Brien | Maybe carried over in 2012 |
| Massachusetts | HB 2172 | Bill of address | Supreme Judicial Court Chief Justice Roderick L. Ireland | Goodrow v. Lane Bryant, Inc., 432 Mass. 165 (2000), and Wiedmann v. Bradford Group, Inc., 444 Mass. 698 (2005) relative to the private right of action provisions of the state’s wage and hour laws. | Pending |
| Massachusetts | HB 2172 | Bill of address | Supreme Judicial Court Justice Francis X. Spina | Goodrow v. Lane Bryant, Inc., 432 Mass. 165 (2000), and Wiedmann v. Bradford Group, Inc., 444 Mass. 698 (2005) relative to the private right of action provisions of the state’s wage and hour laws. | Pending |
| Massachusetts | HB 2172 | Bill of address | Supreme Judicial Court Justice Judith A. Cowin | Goodrow v. Lane Bryant, Inc., 432 Mass. 165 (2000), and Wiedmann v. Bradford Group, Inc., 444 Mass. 698 (2005) relative to the private right of action provisions of the state’s wage and hour laws. | Pending |
| Massachusetts | HB 2172 | Bill of address | Supreme Judicial Court Justice Robert J. Cordy | Goodrow v. Lane Bryant, Inc., 432 Mass. 165 (2000), and Wiedmann v. Bradford Group, Inc., 444 Mass. 698 (2005) relative to the private right of action provisions of the state’s wage and hour laws. | Pending |
| Missouri | HR 3102 | Impeachment | Circuit Court Judge John A. Ross | Decisions in Buchek v. Washington | Dead (Judge Ross confirmed to Federal bench) |
| New Hampshire | HR 7 | Impeachment | Marital Master Phillip Cross | Decisions in custody/divorce cases | Investigation approved by House |
| New Hampshire | HR 7 | Impeachment | “any justice of the New Hampshire superior court” | Decisions in custody/divorce cases | Investigation approved by House |
| New Jersey | SR 105 | Impeachment | Supreme Court Justice Roberto Rivera-Soto | Refusal to vote in some cases | Request for resignation or impeachment approved by Senate |
| Oklahoma | HR 1001 | Request for removal by judicial disciplinary commission | District Judge Thomas Bartheld | Failure to reject negotiated plea bargain in child sex abuse case | Maybe carried over in 2012 |
| Oklahoma | HR 1005 | Impeachment request to Congress | U.S. District Court Judge Vickie Miles-LaGrange | “Abuse of authority” for issuing an injunction against state’s sharia law ban | Maybe carried over in 2012 |
| Oklahoma | HR 1006 | Request for removal by judicial disciplinary commission | District Judge Tammy Bass-LeSure | 36 felony counts, including four counts of perjury and 32 counts of fraudulent claim | Maybe carried over in 2012 |
| Oklahoma | HR 1024 | Request for removal by judicial disciplinary commission | District Judge Tom Lucas | Denial of blanket recusal motion by DA | Maybe carried over in 2012 |
| Pennsylvania | HR 124 | Impeachment | Court of Common Pleas Judge Willis W. Berry, Jr. | Use of his office and judicial secretary for a decade to “assist him in the day-to-day operations concerning his properties.” | Carried over in 2012 |
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