Yes, a federal judge can be impeached. In the United States, federal judges, including those serving on district courts, courts of appeals, and the Supreme Court, can be removed from office through the impeachment process outlined in the Constitution.
The process works as follows:
- Initiation in the House of Representatives: Impeachment begins in the U.S. House of Representatives. Any member of the House can propose an impeachment resolution, or an investigation can be initiated by the House Judiciary Committee. The grounds for impeachment are typically "high crimes and misdemeanors," a phrase from Article II, Section 4 of the Constitution, which applies to federal judges as well as the President and other civil officers. This can include serious misconduct, abuse of power, corruption, or other offenses deemed incompatible with judicial integrity.
- Investigation and Articles of Impeachment: The House Judiciary Committee investigates the allegations. If sufficient evidence is found, the committee drafts and votes on articles of impeachment—specific charges against the judge. The full House then debates and votes on these articles. A simple majority (more than half of those voting) is required to impeach.
- Trial in the Senate: If the House approves the articles of impeachment, the case moves to the U.S. Senate for a trial. The Senate acts as the court, with senators serving as jurors. For Supreme Court justices or other high-profile cases, the House appoints managers to act as prosecutors, while the judge (or their legal counsel) presents a defense. The Chief Justice of the Supreme Court presides over the trial if it involves the President, but for federal judges, the Vice President (as President of the Senate) or a designated senator typically presides.
- Conviction and Removal: After hearing evidence and arguments, the Senate votes on whether to convict. A two-thirds majority (at least 67 senators if all 100 are present and voting) is required to convict. If convicted, the judge is removed from office. The Senate can also vote to disqualify the judge from holding any future federal office, though this additional penalty is optional and requires a separate vote.
Historically, this process has been rare for federal judges. Since the founding of the United States, only 15 federal judges have been impeached by the House, and of those, 8 were convicted and removed by the Senate. The most recent example was Judge G. Thomas Porteous Jr., who was impeached and removed in 2010 for corruption and perjury.
So, while it’s possible and has happened, impeaching a federal judge is an uncommon and politically charged event, reflecting the high bar set for lifetime-appointed judiciary members.
