Reading Room Document

Constitutional immunity of a federal justice or judge from criminal prosecution

The document discusses the question of whether a federal judge is constitutionally immune from criminal prosecution. The conclusion reached is that no such immunity exists, and that impeachment is not the sole means of enforcing the "good behavior" clause for federal judges. The document presents arguments and historical examples to support the position that criminal prosecution and conviction of a federal judge do not necessarily result in their removal from office. The document also raises the possibility of Congress enacting legislation to provide for the removal of a judge upon conviction of a specific crime. Overall, the document presents a detailed analysis of the constitutional immunity of federal judges from criminal prosecution and raises questions about the interpretation of the "good behavior" clause and the potential means of enforcing it.

May 1, 1969