Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1850-08-14
From THE RICHMOND WIG.
TERM OF TIE OFFICE OF JUDGE HOW TO BE REMOVED


TERN OF TIE OFFICE OF JUDGE--HOW TO BE REMOVED
The complaint is made that there judges on the bench
who ought not to be it, There may be foundation
for this complaint But if there be- il does not follow that
The fault is In the Constitution So far from it. we find
when look 10 the constitution express proviso that
'udges may removed from office BY concurrent vote of
both Houses ofthe General Assembly" If there be udp
who ought he removed, why there no exercise of
the power conferred by this provisions Ii may be said that
the General Assembly ought TO exercise it but will not
But have we the people, called for lis exercise in any par
tcuar case? If we have motif we have not requested
representatives take for the removal of any
particular udge-if representatives falling take such
measures have and over again been eeecied- fol-
lows either that there no evils calling for such
that We the people, have chosen to bear The evils which
exist rather than lake the of remedying them which
The constitution gives When the people Of any circuit
have inflicted upon them judge who ought to be removed
it is their own fault the fault of the constitution that
nhiction be continued Let any considerable portion of
the people-nay, let single state TO the Legislature
cause for the removal Of any judge and one man can
doubt that that cause will be enquired into.
may be said that however great the cause, no single
individual willing to the odum which he would
bring upon himself by making 10 the Legislature commu
nicaiion, alleging such Obvate this objection then
by making II the duty OF some particular tribuna-sworn
for the purpuse-tu make enquiry whether there be such
For example, declare ii to be of the especial
duties of grand jures diligently to enquire, and true pre-
sentiment TO make of any matters which are cause for re-
moving judge And make il the duty Of the clerk to trans
init 10 the Legislature copy of such pesentment and the
duty of the Speaker CT the House of Delegates {uness other
action On the subject be taken by the House) 10 appon,
committee TO report as to The poprieiy Of the removal
Would not these some such provisions furnish
able security that enquiry would be had into the case of
every judge as 10 whom there just ground for the opin
ion that he ought to be removed =?
II may be said, that granting this the enquiry before the
Legislature would DO tedious; that by the constitution it
is provided that "the Judge against whom the Legislature
may be about 10 proceed shall receive notice thereof
companed with the causes alleged for his removal least
twenty days before the day which either House of the
General Assembly shall act hereupon" do not, at pres
enl, see that there any sufficient ground Of objection
this provision but II might be struck altogether and
still think the OF tho judges Gas it would then
maln) would be less objectionable Than term OF years.
The provision would then be that Judges may be remov-
ed from office by Of both Houses Of the
General Assembly but two thirds of the members present
must in such Vote and The of removal shall be
entered on !he journals " EACH"
There may be some who would wish to dispense with
the entry OF The cause, and the equSun of vcte Of two
thirds About the necessity for entry of the cause there
may be for difference Of opinion. But place the
Judges office at the will of bare majority of each House
would be extremely Objectionable. While we may hope
the time will never come when Judge would be removed
by Were party Vote, still we ought so guard against the
requston Of two-thrds furnish but reasonable
security against measure Of that sort. Moreover Judge,
in the strict and honest performance Of his judicial duly,
might give decision against the conslulionaily Of an ac
of the Legislature. To enable the Legislature review
that decision by putting out Of office the Judge who made
IT, and putting IN one whOse opinion accorded with lis will
would not be very strict with that clause Of
the Bill OF Rights $50 much relied ON by many gentlemen
which declares THAT the Legislative and Executive powers
of the State should be separate and distinct um The Judicial
y" The judiciary powers could scarcely be regarded
distinct from the legislative, if bare majority Of the Leg
sature, because of their dissatisfaction with single decs
ion of Judge, in particular case, (honesy given in The
performances of his duty could remove him from office and
put his stead, another with ledge Of his opinion
aside that decision and make another according the
legislative will.
" e have heard much about constitutions guarantees-
The East is asked 10 agree to representation based upon
white population exclusively, provided ii has consu-
lona guarantee for the protection Of property unrepesent-
ed. That, told will afford ample and certain Sc
curilies against all unequal euens upon property This
subject, may advert TO particularly hereafter. when
come TO consider the basis Of representation But would
ask now, what is the value OF constitutional guarantee
this any other subject if the judiciary be dependent
on the will Of a bare majority Of The Legislature?
constitutional guarantee (thVugh not always perfect
security something, when there is judiciary, which,
upon the passage of of Assembly alleged in Vi
o!aon OF The constitution, inquire Into tie MATTER and,
if be Of opinion that the act violates the constitution
ton Of such guarantee becomes feeble indeed when the
judges, who pass upon the question, hold their Off
at the will of that majoriy which has passed the
act complained Of.
may be told that, according the lights the Judge
is not tu be elected by the Legislature but by The people,
and is hold his office for Of years Still the OBJ
lection to the nsufc:ency Of the constitutional guarantee
remains. The judge may be called shortly before his
OF office expires TO pronounce upon the validity of an act
alleged 10 be in violation Of the constitution Ii the major
y OF the Legislature represented the will of The majority
of the people, the judge may be appreheEsve Of The e
feet of his decision, in this case, upon the question whether
he will be reelected in the other case upon the ques
ton whether he will be removed
In 4ccomac candidate for seat the Convention has
said the Judge ought to 60 out of Office, but be reelebe
after definite number OF years." Is this answer
the obecton if he may be again before the people for the
Office when that number Of years expires, and may
the mean time be candidate for some other office? In
such case there great reason to appehed that the Judge
might be thinking Of The effect of his decision upon those
who might pass upon him afterwards. By such system
should not only have enailed upon us dependent u
dietary but should lay the foundation for what has truly
been said to be zone of the greatest curses that could bea
any community"-a political judiciary.
We surprising tina, the trainers of The consliiu
on promote judicial purity to guard against the Judges
looking 10 the effect upon the VOTERS Of his decisions, make
him ineligible 10 the office, when his term expires
Let remember that when he accepted the udgeshp he
gave up his practice and can't easily get that practice
back. Would ne not be apt 10 look some other sllua
tion Is there not danger that the judicial term for years
might be made subserven 10 political office Is there not
ground 10 fear that the Judge thus situated might be rather
the effect of his decision in reference
party combinations, than its effect in attaining the JUS
lice of the case To have the seat of justice invaded by
party passions and political partiaes, and to have its
course moulded by them Who could contemplate such
stale Of things without grief and alarm.
But again. if under the system Of eecting judges for
term Of years, the Judge must Gas asecury for judicial pu
rty) ego of oce at the end Of the term for which he
has been elected what dilemma shall we he reduced
in another respect2 Ii accepting judgeship for
term of years give up his practice at the beginning of
the term and his judgeshp at the end of it, what sort Of
persons would be willing 10 take udgeshps under such
system? pray the people seriously to reflect on this
Do they believe we should continue 10 have the general