 | Appellate courts refuse to give explanations for their rulings in too many
cases. |
| In several appellate circuits (Fifth and the Eleventh), 86% of the cases
are classified as unpublished, and then not provided to electronic reporting
services, effectively making the work of the court done in secret. |
| Chambers v NASCO has given justification for judges to issue large
sanctions against represented plaintiffs and attorneys without any enabling
law. |
| The combination of unbridled power on the part of a district judge with an
appellate system too busy or uncaring to correct abuses at the district
level is incredibly dangerous. |
| The Judicial Conduct Act (28 USC
Sec. 372) is designed to only correct and remove judges for bad behavior
that is not "directly related to the merits of a decision or procedural
ruling." In other words, exercise of unlawful power in a ruling
is not covered. |
| Impeachment is an incredibly difficult process, and unlikely to curb
abuses of power without smoking-gun proof of corruption. |
| Federal district judges have in the past ordered states to increase taxes
and have managed prison systems for more than a decade with little, if any
recourse. |
A new proposal has recently surfaced in the House that might bring some
relief - Judicial Term Limits.
The Constitutional Amendment would automatically end a federal district judge's
service after ten years unless the legislature and governor of the state in
which the judge serves reconfirm the judge for another ten year term.
The Judicial Term Limits amendment is known in the
U.S. House as H.J. Res. 55. It was introduced on May 7, 2003 by John
Culberson (R - Houston, TX).
Last saved on: 01/09/2005
