The Judicial Ethics Forum (JEF)

An Academic Discussion of Judicial Ethics, Discipline & Disqualification

Archive for January, 2010

Congressional Hearings on Disqualification and Impeachment

Posted by kswisher on Wednesday, January, 20, 2010

Last month, the House Courts Subcommittee and the Task Force on Judicial Impeachment addressed two pressing issues: (1) the rules of disqualification post-Caperton and (2) the impeachment of Judge Porteous.  Helpfully, both hearings are captured on video, feature the appearances of a few of the true experts on these subjects, and include links to their written testimony.  The point of this post is neutral reportage, but to editorialize just a bit: Some interesting testimony lurks in these links (take, for example, that of Professor Eugene Volokh [UCLA] whose mostly entertaining written testimony on the state of disqualification law somewhat shockingly recommends no particular action and doubts the existence of serious problems, at least of the type that could be remedied through disqualification law).

(1) Hearing on Examining the State of Judicial Recusals after Caperton v. A.T. Massey

(a) To watch the hearing, click here (which may require RealPlayer);

(b) To view the written testimony, click on the name of the respective witness:

M. Margaret McKeown
U.S. Courts of Appeals
Ninth Circuit
Charles G. Geyh
Associate Dean of Research
John F. Kimberling Professor of Law
Indiana University, Maurer School of Law
Richard E. Flamm
Author of Judicial Disqualification: Recusal and Disqualification of Judges; Conflicts of Interest and Law Firm Disqualification
Eugene Volokh
Gary T. Schwartz Professor of Law
University of California
Norman L. Reimer
Executive Director
National Association of Criminal Defense Lawyers
Arthur D. Hellman
Professor of Law
University of Pittsburgh

 

(2) Hearing to Consider Possible Impeachment of United States District Judge G. Thomas Porteous, Jr., Part IV

(a) To watch the hearing, click here (which may require RealPlayer);

(b) To view the written testimony, click on the name of the respective witness:

Akhil R. Amar
Sterling Professor of Law and Political Science
Yale Law School
Charles G. Geyh
Associate Dean for Research and the John F. Kimberling Professor of Law
Indiana University Maurer School of Law
Michael J. Gerhardt
Samuel Ashe Distinguished Professor in Constitutional Law & Director, Center for Law and Government
University of North Carolina School of Law
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