Judicial Councils Reform and Judicial Conduct and Disability Act of 1980 Statement on Signing S. 1873 Into Law.

I am pleased to sign into law S. 1873, the Judicial Councils Reform and Judicial Conduct and Disability Act of 1980. This legislation creates a mechanism and uniform procedures by which members of the judiciary can respond to allegations of unfitness against Federal judges. It makes a sound accommodation between two essential values—preserving the independence of the Federal judiciary, and making judges, as public servants, accountable under the law for their conduct in office.

Our Federal judiciary has a long and honorable history, one that has set a high standard for society as a whole. Almost without exception, the judges who have served in the Federal courts have conducted themselves with intellectual and personal distinction. But judges are human and have on rare occasions acted in ways that have injured the effectiveness of their courts.

The Constitution provides that Federal judges may be removed from office through the impeachment process. This procedure is cumbersome and is applied only to the most egregious cases. During the entire history of our Nation, only four Federal judges have been convicted and removed from office by impeachment. Experience has shown that if only the massive machinery of impeachment is available, some valid complaints will not be remedied. Most States have systems for dealing with unfit judges, and there is a need for a uniform, nationwide system to hear and fairly determine complaints against Federal judges.

Judicial independence—the freedom of judges to interpret and apply the law without favor or fear of retribution—is amply safeguarded by this legislation. The system created by this act is contained entirely within the judicial branch of the Government; only Federal judges are involved in the process. No judge need fear disciplinary proceedings as a result of decisions he or she has rendered, because this possibility is explicitly precluded. Furthermore, the bill assures the judges of fairness and confidentiality.

At the same time, the legislation creates uniform, known procedures for dealing with an unfit judge. Citizens can be confident that a complaint filed under this system will receive fair and serious attention throughout the process. For all these reasons the new process should increase public confidence in the quality of the Federal judiciary.

The development of this legislation has required the energy and cooperation of many individuals, particularly the Judiciary Committees of the Congress. I want to commend especially Senators Kennedy, DeConcini, Nunn, and Bayh, and Congressmen Rodino, Kastenmeier, and Railsback for their work on this important legislation.