University of California, Hastings College of the Law UC Hastings Scholarship Repository Publicity & News Clippings Judicial Ethics and the National News Council 4-15-1970 Conduct of Associate Justice Douglas ( William O. Douglas ) Gerald R. Ford Follow this and additional works at: http://repository.uchastings.edu/publicity Part of the Judges Commons, and the Legal Ethics and Professional Responsibility Commons Recommended Citation Gerald R. Ford, Conduct of Associate Justice Douglas ( William O. Douglas ) (1970). Available at: http://repository.uchastings.edu/publicity/21 This Conference Proceeding is brought to you for free and open access by the Judicial Ethics and the National News Council at UC Hastings Scholarship Repository. It has been accepted for inclusion in Publicity & News Clippings by an authorized administrator of UC Hastings Scholarship Repository. For more information, please contact [email protected]. \3 Q:ongrcsstonal 1Rc(ord United States oJ America PROCEEDINGS AND DEBATES OF THE. 9 I st CONGRESS, SECOND SESSION Vol. 116 WASHINGTON, WEDNESDAY, APRIL 15, 1970 No. 60 House of Representatives CONDUCT OF ASSOCIATE JUSTICE DOUGLAS ------~e;=....t.~'" -the House of Representatives by Republican Leader Gerald R. Ford of Mi chigan Mr. GERALD R. FORD. Mr. Speaker, His private life, to the degree that it does should we remove him for a minor or last May 8 I joined with the r:entlem fl n not bring the Supreme Court into disre­ isolated mistake-this does not consti­ from Ohio (Mr. TAFT) in introducing pute, is his own business. One does not tute behaviour in the common meaning. H.R. 11109, a bill requiring financial dis­ need to be an ardent admirer of any What we should scrutinize in sitting closure by members of the Federal ju­ judge or justice, or an advocate of his Judges is their continuing pattern of diciary. This was amid the allegations life style, to acknowledge his right to be action, their behaviour. The Constitution swirling around Mr, Justice Fortas. Be­ elevated to or remain on the bench, does not demand that it be "exemplary" fore and since, other Members of this We have heard a great deal of dis­ or "perfect," But it does have to be body have proposed legislation of similar cussion recently about the qualifications "good." intent. To the best of my knowledge, all which a person should be required to NatUl'ally, there must be orderly pro­ of them lie dormant in the Committee possess to be elevated to the U.S. Su­ cedure for determining whether or not on the Judiciary where they were re­ preme Court, There has not been a Federal judge's behaviour is good, The ferred. sufficient consideration given, in my courts. arbiters in most such questions of On Ma.rch 19 the U.S . JUdicial Con­ judgment, to the qualifications which a judgment, cannot judge themselves. So ference announced the adoption of new person should possess to remain upon the Founding Fathers vested this ulti­ ethical standards on outside earnings and the U.S. Supreme Court. mate power where the ultimate sover­ confiict of interest. They were described For, contrary to a widepsread miscon­ eignty of our ·system is most directly re­ as somewhat watered down from the ception, Federal judges and the Justices fiected-in the Congress, in the elected strict proposals of former Chief Justice of the Supreme Court are not appointed Representatives of the people and of the Warren at the time of the Fortas affair. for life. The Founding Fathers would States. In any event, they are not binding upon have been the last to make such a mis­ In this seldom-used procedure, called the Supreme Court. take; the American Revolution was impeachment. the legislative branch Neither are the 36-year-old Canons of waged against an hereditary monarchy exercises both executive and judicial Judicial Ethics of the American Bar As­ in which the King always had a life term functions. The roles of the two bodies sociation, among which are these: and, as English history bloodily demon­ differ dramatically. The House serves as Canon 4. Avoi dance 0/ Improwiety . A strated, could only be removed from office prosecutor and grand jury; the Senate judge's offi cial conduct shou ld be free from by the headsman's ax or the assassin's serves as judge and trial jury. improp riety and t h e app e a r~n ce of impro­ prtety; he should avoid Infractions of law; daggel . Article I of the Constitution has this and h is personal behavior, not only upon t he No, the Constitution does not guaran­ to say about the impeachment process: Ben ch and in the performance of judicial tee a lifetime of power and authority to The House of Representatives-shall have duties, but also in his everyday !lfe. should any public officiaL The terms of Members the sole power of Impeachment. be beyond reproach. of the House are fixed at 2 years; of The Senate 'shall have the sole Power to Canon 24. Inconsistent Obligati ons. A judge the President and Vice President at 4; try all Impeachments. When sitting for should not accept Inconsist ent duties; nor of U.S. Senators at 6. Members of the that Purpose . tbey shall be on Oath or Af­ incur obligations, pecuniary or otherWise, Federal judiciary hold their offices only firmation. When the President of the United which will In any way Interfere or appear to Stat es is tried, the Chief Justice shall interfere with his devotion to the expe­ "during good behaviow'." preside: And no Person shall be convicted ditious and proper administration of h is of­ Let me read the first section of article without the Concurrence of two-thirds of ficial function. III of the Constitution in full: the Members present. Canon 31. Private Law Practice. In many The Judicial power of the United States states the practice of law by one holding sh all be vested in one supreme Court, and Article II. dealing with the executive judicial position is forbidden . , . If forbid­ In such inferior Courts as the Congress may branch, states in section 4: den to practice law, he should refrain from from time to time ordain and establlsh. The The PreSident, Vice President, and all civll accepting any professional employment wlllle Judges, both of the -supreme a nd inferior Officers of the United States, shall be re­ in office. Courts, shall hold their Offices duri ng good moved from office on impeachment for, and Behaviour, and shall, at stated Times, receive conviction of, Treason, Bribery or other high Following the public disclosure last for their Services. a Compensation, which crimes and misdemeanors. year of the extrajudicial activities and sh all not be diminished during their Con­ moonlighting employment of Justices t inuance in Office. This has been the most controversial Fortas and Douglas, which resulted in of the constitutional references to the The clause dealing with the compen­ impeachment process. No concensus the resignation from the Supreme Bench sation of Federal judges, which inciden­ of Mr, Justice Fortas but not of Mr. Jus­ exists as to whether, in the case of Fed­ tally we raised last year to $60,000 for eral judges, impeachment must depend tice Douglas, I received literally hundreds Associate Justices of the Supreme Court, of inquiries and protests from concerned suggests that their "continuance in of­ upon conviction of one of the two speci­ citizens and colleagues, fied Cl;mes of treason or bribery or be fice " is indeed limited. The provision within the nebulous category of "other In response to this evident interest I that it may not be decreased prevents quietly undertook a study of both the the legislative or executive branches high crimes and misdemeanors." There law of impeachment and the facts about from unduly influencing the judiciary by are pages upon pages of learned argu­ the behavior of Mr. Justice Douglas. I cutting judges' pay, and suggests that ment whether the adjective "high" assured inquirers that I would make my even in those bygone days the income of modifies "misdmeanors" as well as findings known at the appropriate time. jurists was a highly sensitive matter. "crimes," and · over what, indeed, con­ That preliminary report is now ready. To me the Constitution is perfectly stitutes a "high misdemeanor." Let me say by way of preface that I am clear about the tenure, or term of office, In my view, one of the specific or gen­ a lawyer, admitted to the bar of the U,S. of all Federal judges-it is "during good eral offenses cited in article II is required Supreme Court. I have the most profound behaviour." It is impliCit in this that for removal of the indirectly elected respect for the U,S. Supreme Court, I when behaviour ceases to be good, the President and Vice President and all ap­ would never advocate action against a right to hold judicial office ceases also, pointed civil officers of the executive member of that Court because of his Thus, we come quickly to the central branch of the Federal Government, political philosophy or the legal opinions question: What constitutes "good be­ whatever their terms of office. But in the which he contributes to the decisions of haviour" or, conversely, ungood or dis­ case of members of the judicial branch, J the Court. Mr. Justice Douglas has been qualifying behaviour? Federal judges and Justices, I believe an\ criticized for his liberal opin10ns and be­ The words employed by the Framers of additional and much stricter requirement cause he granted stays of execution to the Constitution were, as the proceedings is imposed by article II, namely, "good the convicted spies, the Rosenbergs, who of the Convention detail, chosen with behaviour." stole the atomic bomb for the Soviet exceedingly great care and precision, Finally, and this is a most significant Union.