Book-bot.com - read famous books online for free

The American Judiciary by LLD Simeon E. Baldwin
page 344 of 388 (88%)
The place of a judge who is absent or disqualified is in some
States, by authority of a statute or agreement of the parties,
occasionally taken by a member of the bar called in to try a
particular cause or hold a particular term of court.[Footnote:
See Alabama Code of 1896, Sec. 3838; Reporter's note to Kellogg
_v._ Brown, 32 Connecticut Reports, 112.] So the English
assize judges are constituted by special commissions for each
circuit, which include also the barristers on the circuit who are
sergeants at law, king's counsel, or holders of patents of
precedence.

It is hard to dislodge a judge for misconduct or inefficiency.
Our Constitutions give remedies by impeachment or by removal by
the Governor on address of the legislature, but lengthy
proceedings are generally necessary to obtain the benefit of
them, and the decision is often in favor of the judge. Party
feeling is apt to have its influence in such matters. Whether it
does or does not, it is an unpleasant task to assume the
initiative. Those who best know the facts are the lawyers, and
if some of them are the ones to move, it is at the risk, should
they fail, of having afterwards to conduct causes in a court
presided over by one who is not likely to regard them with a
friendly eye.

The number of judicial impeachments in the history of the country
has been comparatively small, and few of these have resulted in
convictions.[Footnote: See Chap. III.] Of the cases which were
successful, the most noteworthy is that of Justice George
G. Barnard of the Supreme Court of New York, who was convicted of
having abused his right to issue _ex parte_ orders and of
DigitalOcean Referral Badge