Impeaching a federal judge in the United States is a formal process outlined in the U.S. Constitution, designed to address serious misconduct. It involves two chambers of Congress and follows a specific sequence of steps. Here’s how it works:
The process begins in the House of Representatives, which has the sole power to initiate impeachment under Article I, Section 2. Typically, a member of the House or a committee, such as the House Judiciary Committee, introduces a resolution calling for an investigation into the judge’s conduct. This resolution must specify allegations of wrongdoing, often tied to “Treason, Bribery, or other high Crimes and Misdemeanors,” as stated in Article II, Section 4. These terms are not precisely defined, but historically, they’ve included actions like corruption, perjury, or abuse of power—serious breaches of “good Behavior,” a condition for judicial tenure under Article III, Section 1.
Next, the House, often through the Judiciary Committee, investigates. This involves gathering evidence, holding hearings, and hearing from witnesses who may testify under oath about the alleged misconduct. If the committee finds sufficient evidence, it drafts articles of impeachment—formal charges against the judge. These articles are then debated and voted on by the full House. A simple majority (at least 218 of 435 members, assuming no vacancies) is required to approve the articles and impeach the judge. Impeachment itself doesn’t remove the judge; it’s akin to an indictment, signaling that the case warrants a trial.
The process then moves to the Senate, which has the sole power to try impeachments under Article I, Section 3. The Senate conducts a trial, where senators act as jurors. A committee of House members, known as “managers,” prosecutes the case, presenting evidence and arguments, while the judge (or their legal counsel) mounts a defense. Witnesses may be called, and the proceedings are overseen by the Senate’s presiding officer—typically the Vice President, though for judicial impeachments, the Chief Justice of the Supreme Court isn’t required to preside, unlike in presidential cases. After deliberation, the Senate votes on each article of impeachment. A two-thirds supermajority (67 of 100 senators, if all are present) is needed to convict.
If convicted, the judge is immediately removed from office. The Senate can also vote to bar the judge from holding future federal office, though this additional penalty is optional and requires a separate vote. There’s no appeal process for impeachment convictions, as it’s a political, not judicial, mechanism. However, the judge could still face criminal prosecution separately, as impeachment isn’t a criminal proceeding and doesn’t preclude legal consequences like fines or imprisonment.
Historically, this process is rare. Since 1789, only 15 federal judges have been impeached, with eight convicted and removed. Examples include Judge John Pickering (1804), removed for mental instability and intoxication, and Judge G. Thomas Porteous Jr. (2010), convicted for bribery and perjury. Resignation often halts proceedings, as with Judge Samuel Kent in 2009, who stepped down before a Senate trial.
In practice, impeachment requires significant political will, given the majorities needed and the gravity of overturning a lifetime appointment. It’s reserved for egregious ethical or criminal violations, not mere disagreement with a judge’s rulings. Today, March 13, 2025, the process remains unchanged, rooted in the Constitution’s checks and balances.