Congressional Oversight of Judges and Justices

Publication Date: May 2005

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Justice

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Abstract:

This report addresses Congress' oversight authority over individual federal judges or Supreme Court Justices. Congressional oversight authority, although broad, is limited to subjects related to the exercise of legitimate congressional power. While Congress has the power to regulate the structure, administration and jurisdiction of the courts, its power over the judicial acts of individual judges or Justices is more restricted. For instance, Congress has limited authority to remove or discipline a judge for decisions made on the bench. Article III, Section 1 of the Constitution provides that judges have "good behavior" tenure, which effectively has come to mean lifetime tenure for Article III judges subject to removal only through conviction on impeachment. However, impeachment of a judge or Justice requires a finding that such judge or Justice has engaged in a "High Crime or Misdemeanor." Thus, an investigation into decisions or other actions by a particular judge pursuant to an impeachment would appear to require some connection between an alleged "High Crime or Misdemeanor" and a particular case or cases.

Of course, review and consideration of particular court decisions or other judicial acts are well within the purview of Congress' legislative authority. For instance, Congress has the legislative authority to amend statutes that it believes were misinterpreted by court cases, or to propose amendments to the Constitution that it believes would rectify erroneous constitutional decisions. However, investigating the judge or Justices behind such decisions may require something more.

This report reviews a number of circumstances in which Congress may be authorized to either pursue or otherwise influence an investigation of individual federal judges or Supreme Court Justices. First the report addresses the general powers and limitations on Congress' oversight authority. Second, the report examines the Senate approval process for the nominations of individual judges or Justices, and the Senate's ability to obtain information on judges or Justices during that process. The report also considers the limits of existing statutory authority for judicial discipline and how Congress has influenced such procedures. It discusses the issue of how far the congressional investigatory powers can be exercised regarding possible judicial impeachments. Finally, it treats investigations regarding the individual actions of a judge outside of the above contexts, such as how a judge imposes sentences under the United States Sentencing Guidelines. A separate report, CRS Report RL32926, Congressional Authority over Federal Courts, by Elizabeth B. Bazan, Johnny Killian, and Kenneth R. Thomas, addresses Congress' legislative authority over the courts.