84-658: George Kendall Sharp (December 30, 1934 – March 24, 2022) was a United States district judge of the United States District Court for the Middle District of Florida . Sharp was born on December 30, 1934, in Chicago , Illinois . He received a Bachelor of Arts degree from Yale University in 1957. He received a Juris Doctor from the University of Virginia School of Law in 1963. He was
168-523: A United States Naval Reserve Captain from 1957 to 1988. He was on active duty from 1957 to 1960. He was in private practice of law in Vero Beach, Florida , from 1963 to 1978. He was a public defender for the 19th Judicial Circuit from 1964 to 1968. He was a school board attorney of Indian River County from 1968 to 1978. He was a judge of the 19th Circuit Court in Vero Beach from 1978 to 1983. He
252-489: A simple majority of the present members or other criteria adopted by the House according to Article One, Section 2, Clause 5 of the U.S. Constitution . Most impeachments have involved alleged crimes committed while in office, but there is no requirement for the misconduct to be an indictable crime . Some officials have been impeached and convicted for crimes committed before taking office, and there have been instances where
336-467: A 37–29 vote that it had jurisdiction to try Belknap notwithstanding his resignation, but ultimately acquitted him after trial. The permissibility of trying a former official was a major issue in the second impeachment trial of Donald Trump , which commenced 20 days after Trump's term in office expired, although Trump's impeachment itself occurred while he was president. By a 55–45 vote, the Senate rejected
420-544: A band of interested parasites and informers, ever ready, for their own advantage, to swear before ex parte committees to pretended private conversations between the President and themselves, incapable, from their nature, of being disproved; thus furnishing material for harassing him, degrading him in the eyes of the country ... He maintained that the House of Representatives possessed no general powers to investigate him, except when sitting as an impeaching body. When
504-550: A changing workload in that district. Although the number of Supreme Court justices has remained the same for well over a century, the number of court of appeals judges has more than doubled since 1950, and the number of district court judges has increased more than three-fold in that period. In addition, some district court judges serve on more than one court at a time. Unlike the judges of Article III courts, non-Article III judges are appointed for specified terms of office. Examples include United States magistrate judges and judges of
588-649: A district judge can hear appeals and a circuit judge can try cases). Many federal judges serve on administrative panels like the judicial council for their circuit or the Judicial Conference of the United States . Some of the larger circuit courts like the Ninth Circuit hold regular sessions at multiple locations, and randomly select three-judge panels to hear appeals from all sitting circuit judges regardless of duty station. (Videoconferencing
672-499: A federal public official is rare, demands for impeachment, especially of presidents, are common, going back to the administration of George Washington in the mid-1790s. While almost all of them were abandoned as soon as they were introduced, several did have their intended effect. Treasury Secretary Andrew Mellon and Supreme Court Justice Abe Fortas both resigned in response to the threat of impeachment hearings, and most famously, President Richard Nixon resigned from office after
756-490: A former official was tried after leaving office. The official who is impeached may continue to serve their term until a trial leads to a judgement that directs their removal from office or until they leave office through other means, such as resignation. A two-thirds majority of the senators present at the trial is required for conviction according to Article One, Section 3, Clause 6 of the Constitution . The nature of
840-477: A long-running fraudulent investment scheme. Sharp sentenced Pearlman to 25 years in prison. United States federal judge [REDACTED] [REDACTED] In the United States , a federal judge is a judge who serves on a court established under Article Three of the U.S. Constitution . Often called " Article III judges ", federal judges include the chief justice and associate justices of
924-434: A lower standard would be appropriate to better serve the purpose of defending the community against abuse of power, since the defendant does not risk forfeiture of life, liberty, or property , for which the reasonable doubt standard was set. In drawing up articles of impeachment , the House has placed little emphasis on criminal conduct. Less than one-third of the articles that the House have adopted have explicitly charged
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#17327983262541008-572: A minimum of 10 years of service (70 + 10 = 80). Under section 376 a survivor's annuity to benefit the widow, widower or minor child of the judge may be purchased via a deduction of 2.2% to 3.5% from the retirement benefit. As of 2018 there were 890 authorized Article III judgeships : nine on the Supreme Court, 179 on the courts of appeals, 677 for the US District Courts (includes territorial courts), 16 on
1092-402: A motion asserting that the trial was unconstitutional. The Constitution does not limit the number of times an individual may be impeached. As of January 2024 , Donald Trump is the only federal officer to have been impeached more than once . At the federal level, the impeachment process is typically a three-step procedure. The first phase is typically an impeachment inquiry , though this
1176-491: A particular request. (For example, emergency motions might require a response from only one judge assigned to be on duty for a particular time period, but final decisions in important cases require the whole court.) Appeals courts range in size from 6 ( First Circuit ) to 29 ( Ninth Circuit ). Some judges have specific expertise by virtue of which court they sit on. By statute, the United States Court of Appeals for
1260-559: A resolution adopted by the full House of Representative. An impeachment resolution may first pass through a House committee before the full House votes on it. The type of impeachment resolution determines the committee to which it is referred. A resolution impeaching a particular individual is typically referred to the House Committee on the Judiciary . A resolution to authorize an investigation regarding impeachable conduct
1344-606: A stepping stone to a lucrative position in private practice, the Framers' goal of a truly independent judiciary will be placed in serious jeopardy." Each federal judge serves at a particular "duty station" for the duration of their federal service. This is important because of the relationship among several federal statutes. First, 28 U.S.C. § 456(a) entitles federal judges to reimbursement of transportation and "subsistence" expenses incurred while transacting official business away from their duty stations. Section 456 also prescribes that
1428-417: A written policy. For reasons of impartiality, this is typically done by a random drawing or rotation. Judges may also be assigned particular types of cases based on their technical expertise or assigned to cases in a specific geographic location. Appeals courts and the Supreme Court use similar systems, but depending on the type of filing, may assign one, three, all, or some other number of judges to deal with
1512-401: Is being served; and unless Congress both scrutinize these things and sift them by every form of discussion, the country must remain in embarrassing, crippling ignorance of the very affairs which it is most important that it should understand and direct. The informing function of Congress should be preferred even to its legislative function. Impeachment proceedings may be requested by a member of
1596-530: Is not a required stage. The two stages constitutionally required for removal are impeachment by the House of Representatives and trial by the United States Senate. A number of rules have been adopted by the House and Senate and are honored by tradition. Jefferson's Manual , which is integral to the Rules of the House of Representatives, states that impeachment is set in motion by charges made on
1680-446: Is sometimes now used to reduce the burden of frequent travel on circuit judges.) The discipline process of federal judges is initiated by the filing of a complaint by any person alleging that a judge has engaged in conduct "prejudicial to the effective and expeditious administration of the business of the courts, or alleging that such judge is unable to discharge all the duties of the office by reason of mental or physical disability." If
1764-418: Is the proper duty of a representative body to look diligently into every affair of government and to talk much about what it sees. It is meant to be the eyes and the voice, and to embody the wisdom and will of its constituents. Unless Congress have and use every means of acquainting itself with the acts and the disposition of the administrative agents of the government, the country must be helpless to learn how it
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#17327983262541848-491: The Chief Justice of the United States . Chief Justice John Roberts has repeatedly pleaded for an increase in judicial pay, calling the situation "a constitutional crisis that threatens to undermine the strength and independence of the federal judiciary". For some partners at leading law firms , especially in major metropolitan areas, becoming a federal judge can represent a more than 90 percent pay cut. Associates at
1932-634: The Orlando division of the court. He died March 24, 2022. In 1991, Sharp "rejected charges by the National Highway Traffic Safety Administration that five automobile- window tinting shops in Florida violated federal safety standards by installing window film that blocked too much light." Sharp also presided over the 2008 case of former Backstreet Boys and NSYNC manager Lou Pearlman in connection with
2016-562: The U.S. Supreme Court , circuit judges of the U.S. Courts of Appeals , district judges of the U.S. District Courts , and judges of the U.S. Court of International Trade . Federal judges are not elected officials , unlike the president and vice president and U.S. senators and representatives . Instead, they are nominated by the president and confirmed by the Senate. The Constitution gives federal judges life tenure , and they hold their seats until they die, resign, or are removed from office through impeachment . Strictly speaking,
2100-506: The United States bankruptcy courts , United States Tax Court , United States Court of Federal Claims , and United States territorial courts . Although the term "non-Article III judges" is used to describe the absence of tenure and salary protection, bankruptcy courts are formally designated as divisions of U.S. District Courts, whose district judges are Article III judicial officers. Moreover, in Freytag v. Commissioner , 501 U.S. 868 (1991),
2184-445: The chief judge of the circuit does not dismiss the complaint or conclude the proceedings, then they must promptly appoint himself or herself, along with equal numbers of circuit judges and district judges, to a special committee to investigate the facts and allegations in the complaint. The committee must conduct such investigation as it finds necessary and then expeditiously file a comprehensive written report of its investigation with
2268-427: The invasion of Cambodia . Within the executive branch, any "principal officer" appointed by the president, including a head of an agency such as a Secretary, Administrator, or Commissioner, is a "civil officer of the United States" subject to impeachment. At the opposite end of the spectrum, lesser functionaries, such as federal civil service employees, do not exercise "significant authority", and are not appointed by
2352-496: The judicial council of the circuit involved. Upon receipt of such a report, the judicial council of the circuit involved may conduct any additional investigation it deems necessary, and it may dismiss the complaint. If a judge who is the subject of a complaint holds their office during good behavior, action taken by the judicial council may include certifying disability of the judge. The judicial council may also, in its discretion, refer any complaint under 28 U.S.C. § 351, along with
2436-449: The 17th and 18th centuries, is corrupt activity by those who have special duties that are not shared with common persons. Toward the end of the 18th century, "high crimes and misdemeanors" acquired a more technical meaning. As Blackstone says in his Commentaries : "The first and principal high misdemeanor ... was mal-administration of such high offices as are in public trust and employment." The phrase "high crimes and misdemeanors"
2520-455: The Congress and questioning its legislative authority, refusing to follow laws, and diverting funds allocated in an army appropriations act, each of which brought the presidency "into contempt, ridicule, and disgrace". A number of individuals have been impeached for behavior incompatible with the nature of the office they hold. Some impeachments have addressed, at least in part, conduct before
2604-406: The Congress, shall be nominated by the president and confirmed by the Senate. The Constitution does not provide any eligibility criteria – such as age, literacy , citizenship , legal education , legal/ bar or any professional certification , and legal/judicial experience – for one to be appointed as a federal judge. The primary function of the federal judges is to resolve matters brought before
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2688-579: The Congressional Research Service, and the current version Impeachment and Removal dates from October 2015. While this document is only staff recommendation, as a practical matter, today it is probably the single most influential definition of "high Crimes and Misdemeanors". The Senate has formal Rules and Procedures of Practice in the Senate When Sitting on Impeachment Trials . While the actual impeachment of
2772-544: The Court permitted Congress to punish contempt, when a person refused to answer questions while testifying under subpoena by the House Committee on Un-American Activities. The Court explained that although "Congress may not constitutionally require an individual to disclose his ... private affairs except in relation to ... a valid legislative purpose", such a purpose was present. Congress's "wide power to legislate in
2856-618: The District of Columbia is the duty station of all members of the U.S. Supreme Court, the D.C. Circuit, the Federal Circuit, and the U.S. District Court for the District of Columbia. Second, there are several reasons federal judges need to transact official business outside of their regular courthouse. 28 U.S.C. §§ 291 and 292 authorize a broad variety of temporary reassignments of circuit and district judges, both horizontally (i.e., to other circuits or districts) and vertically (so that
2940-658: The Federal Circuit has exclusive appellate jurisdiction for patents, trademarks, and certain employee benefits. Because it geographically covers the headquarters of federal agencies, the judges of the United States Court of Appeals for the District of Columbia Circuit gain special expertise in administrative and constitutional law. Section 1 of Article Three of the U.S. Constitution provides that federal judges "shall hold their Offices during good Behaviour". This clause has long been interpreted to give federal judges life tenure . Federal judges hold their seats until they resign, die, or are removed from office by impeachment . Although
3024-522: The House Judiciary Committee had already reported articles of impeachment to the floor. In advance of the formal resolution by the full House to authorize proceedings, committee chairmen have the same power for impeachment as for any other issue within the jurisdiction of the committee: to investigate, subpoena witnesses, and prepare a preliminary report of findings. For example: Targets of congressional investigations have challenged
3108-527: The House Judiciary Committee prepared a report, Constitutional Grounds for Presidential Impeachment . The primary focus of the Report is the definition of the term "high Crimes and Misdemeanors" and the relationship to criminality, which the Report traces through history from English roots, through the debates at the 1787 Constitutional Convention, and the history of the impeachments before 1974. The 1974 report has been expanded and revised on several occasions by
3192-468: The House and Senate Banking Committees and then a Senate special committee investigated President and Mrs. Clinton's involvement in the Whitewater land deal and related matters. The Senate had an enabling resolution; the House did not. The Supreme Court has also explained that Congress has not only the power, but the duty, to investigate so it can inform the public of the operations of government: It
3276-530: The House of Representatives, either by presenting a list of the charges under oath or by asking for referral to the appropriate committee . The impeachment process may be requested by non-members. For example, when the Judicial Conference of the United States suggests a federal judge be impeached, a charge of actions constituting grounds for impeachment may come from a special prosecutor , the president, or state or territorial legislature , grand jury , or by petition . An impeachment proceeding formally begins with
3360-410: The House vested a select committee with subpoena power "to inquire whether an attempt was made by the late Secretary of War ... [to] fraudulently [award] ... a contract for supplying rations" to Native Americans and to "further ... inquire whether the President ... had any knowledge of such attempted fraud, and whether he disapproved or approved of the same." In the 1990s, first
3444-491: The House: The standard of proof required for impeachment and conviction is left to the discretion of individual representatives and senators, respectively. Defendants have argued that impeachment trials are in the nature of criminal proceedings, with convictions carrying grave consequences for the accused, and that therefore proof beyond a reasonable doubt should be the applicable standard. House Managers have argued that
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3528-615: The Judge of the Elections, Returns and Qualifications of its own Members ... Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behavior, and, with the Concurrence of two thirds, expel a Member" (see List of United States senators expelled or censured and List of United States representatives expelled, censured, or reprimanded ). This allows each House to expel its own members without involving
3612-415: The President's private conduct, not to an abuse of his authority as President". The Constitution gives Congress the authority to impeach and remove "The President, Vice President, and all civil Officers of the United States" upon a determination that such officers have engaged in treason, bribery, or other high crimes and misdemeanors. The Constitution does not articulate who qualifies as a "civil officer of
3696-608: The Rules, Precedents and Procedures of the House is a reference source for information on the rules and selected precedents governing the House procedure, prepared by the House Parliamentarian. The manual has a chapter on the House's rules, procedures, and precedent for impeachment. In 1974, as part of the preliminary investigation in the Nixon impeachment inquiry, the staff of the Impeachment Inquiry of
3780-504: The Senate concluded that a Senator is not a "civil officer of the United States" for purposes of the Impeachment Clause, and dismissed for lack of jurisdiction. The House has not impeached a Member of Congress since. The constitutional text is silent on whether an officer can be tried after the officer resigns or his/her term ends. However, when the issue has arisen, the House has been willing to impeach after resignation, and
3864-464: The Senate has been willing to try the official after resignation. As noted, in 1797, the Senate continued impeachment proceedings against William Blount even after he had been expelled from office, dismissing the proceedings only after determining that a Senator is not a "civil officer of the United States". In 1876, William W. Belknap was impeached by the House of Representatives hours after resigning as United States Secretary of War . The Senate held by
3948-577: The Supreme Court concluded that the judges of the U.S. Tax Court (and their special trial judges) exercise a portion of "the judicial power of the United States." Federal impeachment in the United States In the United States, federal impeachment is the process by which the House of Representatives charges the president , vice president , or another civil federal officer for alleged misconduct . The House can impeach an individual with
4032-458: The Supreme Court decided in Nixon v. United States that it did not have the authority to determine whether the Senate properly "tried" a defendant. In 1970, then- House Minority Leader Gerald R. Ford defined the criterion as he saw it: "An impeachable offense is whatever a majority of the House of Representatives considers it to be at a given moment in history." Of the 22 impeachments voted by
4116-608: The Supreme Court has considered similar issues, it held that the power to secure "needed information ... has long been treated as an attribute of the power to legislate. ... [The power to investigate is deeply rooted in the nation's history:] It was so regarded in the British Parliament and in the colonial Legislatures before the American Revolution, and a like view has prevailed and been carried into effect in both houses of Congress and in most of
4200-589: The US Court of Federal Claims* and nine on the Court of International Trade . The total number of active federal judges is constantly in flux, for two reasons. First, judges retire or die, and a lapse of time occurs before new judges are appointed to fill those positions. Second, from time to time Congress will increase (or, less frequently, decrease) the number of federal judgeships in a particular judicial district, usually in response to shifting population numbers or
4284-427: The United States federal courts. Most federal courts in the United States are courts of limited jurisdiction, meaning that they hear only cases for which jurisdiction is authorized by the United States constitution or federal statutes. Federal district courts are authorized to hear a wide range of civil and criminal cases. District court judges are recognized as having a certain degree of inherent authority to manage
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#17327983262544368-402: The United States". Federal judges are subject to impeachment. In fact, 15 of 20 officers impeached, and all eight officers removed after Senate trial, have been judges. The most recent impeachment effort against a Supreme Court justice that resulted in a House of Representatives investigation was against Associate Justice William O. Douglas . In 1970, Representative Gerald R. Ford (R-MI), who
4452-457: The United States, shall be removed from Office on Impeachment for, and Conviction of, Treason , Bribery , or other high Crimes and Misdemeanors. The Constitution limits grounds of impeachment to "Treason, Bribery, or other high Crimes and Misdemeanors", but does not itself define "high crimes and misdemeanors". Congressional materials have cautioned that the grounds for impeachment "do not all fit neatly and logically into categories" because
4536-481: The United States; but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law. Article II, Section 2 provides: [The President] ... shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment. Article II, Section 4 provides: The President , Vice President and all civil Officers of
4620-447: The absence of information respecting the conditions which the legislation is intended to affect or change." The Supreme Court held that it was irrelevant that the Senate's authorizing resolution lacked an "avow[al] that legislative action was had in view" because, said the Court, "the subject to be investigated was ... [p]lainly [a] subject ... on which legislation could be had" and such legislation "would be materially aided by
4704-482: The federal government, they do not have life tenure, and their authority derives from Congress via Article One of the Constitution , not independently via Article Three. These judges are often known as "Article One judges". According to the Appointments Clause of Article Two of the U.S. Constitution , all federal judges, including the judges of the Supreme Court and inferior federal courts created by
4788-433: The field of Communist activity ... and to conduct appropriate investigations in aid thereof[] is hardly debatable", said the Court, and "[s]o long as Congress acts in pursuance of its constitutional power, the Judiciary lacks authority to intervene on the basis of the motives which spurred the exercise of that power." Presidents have often been the subjects of Congress's legislative investigations. For example, in 1832,
4872-440: The financial blow is to spend only a few years on the bench and then return to private practice or go into private arbitration, but such turnover creates a risk of a revolving door judiciary subject to regulatory capture . Roberts has warned that "judges are no longer drawn primarily from among the best lawyers in the practicing bar" and "If judicial appointment ceases to be the capstone of a distinguished career and instead becomes
4956-517: The first, McGrain v. Daugherty , the Court considered a subpoena issued to the brother of Attorney General Harry Daugherty for bank records relevant to the Senate's investigation into the Department of Justice. Concluding that the subpoena was valid, the Court explained that Congress's "power of inquiry ... is an essential and appropriate auxiliary to the legislative function", as "[a] legislative body cannot legislate wisely or effectively in
5040-428: The floor, charges proffered by a memorial, a member's resolution referred to a committee, a message from the president, or from facts developed and reported by an investigating committee of the House. It further states that a proposition to impeach is a question of high privilege in the House and at once supersedes business otherwise in order under the rules governing the order of business. The House Practice: A Guide to
5124-496: The impeachment proceedings is remedial rather than punitive , with the only remedy being removal from office. Since all officers in the federal government are confirmed in the Senate, officers appointed under the Appointments Clause of the Constitution may also be disqualified from holding any other appointed office under the United States in the future. As the process is not punitive, an individual may also be subject to criminal or civil trial , prosecution , and conviction under
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#17327983262545208-562: The individuals assumed their positions: for example, Article IV against Judge Thomas Porteous related to false statements to the FBI and Senate in connection with his nomination and confirmation to the court. Conversely, not all criminal conduct is arguably impeachable: in 1974, the Judiciary Committee rejected an article of impeachment against President Nixon alleging that he committed tax fraud, primarily because that "related to
5292-539: The information which the investigation was calculated to elicit." Although "[a]n express avowal" of the Senate's legislative objective "would have been better", the Court admonished that "the presumption should be indulged that [legislation] was the real object." Two years later, in Sinclair v. United States , the Court considered investigation of private parties involved with officials under potential investigation for public corruption. In Sinclair , Harry F. Sinclair ,
5376-497: The largest U.S. law firms with judicial clerkship experience already earn as much as a federal judge in their first year as full-time associates. When those attorneys eventually become experienced partners and reach the stage in life where one would normally consider switching to public service, their interest in joining the judiciary is tempered by the prospect of a giant pay cut back to what they were making 10 to 20 years earlier (adjusted for inflation). One way for attorneys to soften
5460-517: The law after removal from office. Additionally, the president is constitutionally barred from pardoning an impeached and convicted person to protect them from the consequences of a conviction in an impeachment trial, as the conviction itself is not a punishment. Article I, Section 2, Clause 5 of the United States Constitution provides: The House of Representatives shall choose their Speaker and other Officers; and shall have
5544-839: The legal orthodoxy is that judges cannot be removed from office except by Congressional impeachment, several legal scholars, including William Rehnquist , Saikrishna Prakash , and Steven D. Smith, have argued that the Good Behavior Clause may, in theory, permit removal by way of a writ of scire facias filed before a federal court, without resort to impeachment. Deaths of United States federal judges in active service may also have profound political and procedural effects, as such circumstances present substantially less opportunity for preparation for an orderly succession. As of 2024, federal judges' annual salaries are: $ 246,300 for district judges, $ 257,900 for circuit judges, $ 298,500 for associate Supreme Court justices , and $ 312,200 for
5628-437: The matters before them, ranging from setting the dates for trials and hearings to holding parties in contempt or otherwise sanctioning them for improper behavior. In other circumstances their actions are dictated by federal law, the federal rules of procedure, or "local" rules created by the specific court system itself. The chief judge of each district court is responsible for overseeing assignments of judges to cases, following
5712-470: The other chamber. In 1797, the House of Representatives impeached Senator William Blount of Tennessee. The Senate expelled Senator Blount under Article I, Section 5, on the same day. However, the impeachment proceeding remained pending (expulsion only removes the individual from office, but conviction after impeachment may also bar the individual from holding future office, so the question of further punishment remained to be decided). After four days of debate,
5796-541: The power of Congress to investigate before a formal resolution commences impeachment proceedings. For example, President Buchanan wrote to the committee investigating his administration: I do, therefore, ... solemnly protest against these proceedings of the House of Representatives, because they are in violation of the rights of the coordinate executive branch of the Government, and subversive of its constitutional independence; because they are calculated to foster
5880-494: The president of an oil company, appealed his conviction for refusing to answer a Senate committee's questions regarding his company's allegedly fraudulent lease on federal oil reserves at Teapot Dome in Wyoming. The Court, acknowledging individuals' "right to be exempt from all unauthorized, arbitrary or unreasonable inquiries and disclosures in respect of their personal and private affairs", nonetheless explained that because "[i]t
5964-531: The president or an agency head. These employees do not appear to be subject to impeachment, though that may be a matter of allocation of House floor debate time by the Speaker, rather than a matter of law. The Senate has concluded that members of Congress (representatives and senators) are not "civil officers" for purposes of impeachment. As a practical matter, expulsion is effected by the simpler procedures of Article I, Section 5, which provides "Each House shall be
6048-404: The purpose of aiding the prosecution of pending suits, but the authority of that body, directly or through its committees, to require pertinent disclosures in aid of its own constitutional power is not abridged because the information sought to be elicited may also be of use in such suits." The Supreme Court reached similar conclusions in a number of other cases. In Barenblatt v. United States ,
6132-418: The record of any associated proceedings and its recommendations for appropriate action, to the Judicial Conference of the United States . The Judicial Conference may exercise its authority under the judicial discipline provisions as a conference, or through a standing committee appointed by the chief justice. Judges who meet their age and service requirements may retire and will then earn their final salary for
6216-691: The remainder of their life, plus cost-of-living increases. The "Rule of 80" is the commonly used shorthand for the age and service requirement for a judge to retire, or assume senior status , as set forth in Title 28 of the U.S. Code, section 371(c). Beginning at age 65, judges may retire at their current salary, or take senior status, after performing 15 years of active service as an Article III judge (65 + 15 = 80). A sliding scale of increasing age and decreasing service (66 + 14, 67 + 13, 68 + 12, 69 + 11) results in eligibility for retirement compensation at age 70 with
6300-401: The remedy of impeachment is intended to "reach a broad variety of conduct by officers that is both serious and incompatible with the duties of the office". Congress has identified three general types of conduct that constitute grounds for impeachment, although these categories should not be understood as exhaustive: "High crimes and misdemeanors", in the legal and common parlance of England in
6384-730: The sole Power of Impeachment. Article I, Section 3, Clauses 6 and 7 provide: The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two-thirds of the Members present. Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under
6468-450: The state Legislatures." The Supreme Court also held, "There can be no doubt as to the power of Congress, by itself or through its committees, to investigate matters and conditions relating to contemplated legislation." The Supreme Court considered the power of the Congress to investigate, and to subpoena executive branch officials, in a pair of cases arising out of alleged corruption in the administration of President Warren G. Harding . In
6552-527: The term "federal judge" does not include U.S. magistrate judges or the judges of lesser federal tribunals such as the U.S. Bankruptcy Courts , the U.S. Court of Federal Claims , the U.S. Court of Appeals for the Armed Forces , the U.S. Court of Appeals for Veterans Claims , the U.S. Tax Court , and other " Article One tribunals ". Nor does it apply to the administrative law judges of federal government agencies. Although these judges serve on courts of
6636-453: The violation of a criminal statute or used the word "criminal" or "crime" to describe the alleged conduct. Officials have been impeached and removed for drunkenness, biased decision-making, or inducing parties to enter financial transactions, none of which is specifically criminal. Two of the articles against President Andrew Johnson were based on rude speech that reflected badly on the office: President Johnson had made "harangues" criticizing
6720-438: Was a common phrase when the U.S. Constitution was written and did not require any stringent or difficult criteria for determining guilt, but meant the opposite. The crimes are called "high crimes" because they are carried out by a person in a position of public authority, or by misusing the position of public authority they have been given. It does not mean that the crimes themselves are unusual or "higher" types of crime. The phrase
6804-400: Was a matter of concern to the United States, ... the transaction purporting to lease to [Sinclair's company] the lands within the reserve cannot be said to be merely or principally ... personal." The Court also dismissed the suggestion that the Senate was impermissibly conducting a criminal investigation. "It may be conceded that Congress is without authority to compel disclosures for
6888-622: Was a member of the faculty of Indian River Community College (now Indian River State College ) in Fort Pierce in 1979. Sharp was nominated by President Ronald Reagan on November 1, 1983, to a seat on the United States District Court for the Middle District of Florida vacated by Judge Ben Krentzman . He was confirmed by the United States Senate on November 15, 1983, and received commission on November 16, 1983. He assumed senior status on January 1, 2000. He served in
6972-428: Was historically used to cover a very broad range of crimes. In 1974 the Senate's Judiciary Committee's stated that " 'High Crimes and Misdemeanors' has traditionally been considered a ' term of art ', like such other constitutional phrases as 'levying war' and 'due process'." Several commentators have suggested that Congress alone may decide for itself what constitutes a "high Crime or Misdemeanor", especially since
7056-477: Was then House minority leader, called for the House to impeach Douglas. However, a House investigation led by Congressman Emanuel Celler (D-NY) determined that Ford's allegations were baseless. According to Professor Joshua E. Kastenberg at the University of New Mexico, School of Law, Ford and Nixon sought to force Douglas off the Court in order to cement the " Southern strategy " as well as to provide cover for
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