Susan Navarro Smelcer
Analyst on the Federal Judiciary
Betsy Palmer
Analyst on Congress and the Legislative Process
Within the past two years, the House of Representatives has conducted impeachment investigations into the conduct of two sitting federal judges: Samuel B. Kent, district court judge for the Southern District of Texas, and G. Thomas Porteous, Jr., district court judge for the Eastern District of Louisiana. In both cases, the House Judiciary Committee recommended the adoption of articles of impeachment. On June 19, 2009, Judge Kent was impeached on charges that he sexually abused court employees and obstructed a federal investigation into sexual abuse allegations against him. On March 11, 2010, the House impeached Judge Porteous for, among other things, accepting kickbacks, soliciting favors, and falsifying bankruptcy documents. While no judges are currently under investigation by the House of Representatives, it is certain that the House will be called on in the future to fulfill this weighty constitutional responsibility.
This report examines the history, practice, and procedures of the House of Representatives in fulfilling its constitutional obligation to impeach judges the House deems to be guilty of high crimes and misdemeanors. This report also analyzes historical trends in House impeachment proceedings with empirical data collected by the authors. Generally, the structure of the report parallels the practice of impeachment in the House. The first section provides a brief overview of the impeachment process. The second discusses methods of initiating impeachment in the House. Special attention is given to changes in this process over time and the modern involvement of the judiciary in identifying judges for whom impeachment may be appropriate. The third section presents the procedures of the House investigating committee, as well as changes in the structure and activities of those types of committees over time. The fourth section explores floor procedures for consideration of impeachment resolutions reported by the investigating committee. The fifth and final section examines the House’s responsibilities in a subsequent Senate impeachment trial.
Although the constitutional responsibilities in the House have not changed over time, House practices have. By increasing the involvement of the judiciary at the beginning of the impeachment process, the House has given some structure to what was once a highly idiosyncratic process. The establishment of the House Judiciary Committee as a standing committee in 1813 moved impeachment investigations to a permanent home. Finally, the involvement of outside counsel in assisting House managers in a Senate impeachment trial has grown over time, with counsel playing an increasing role in pre-trial proceedings and, in some case, the cross-examination of witnesses in the Senate trial.
Date of Report: April 4, 2011
Number of Pages: 25
Order Number: R41110
Price: $29.95
Follow us on TWITTER at http://www.twitter.com/alertsPHP or #CRSreports
Document available via e-mail as a pdf file or in paper form.
To order, e-mail Penny Hill Press or call us at 301-253-0881. Provide a Visa, MasterCard, American Express, or Discover card number, expiration date, and name on the card. Indicate whether you want e-mail or postal delivery. Phone orders are preferred and receive priority processing.
Analyst on the Federal Judiciary
Betsy Palmer
Analyst on Congress and the Legislative Process
Within the past two years, the House of Representatives has conducted impeachment investigations into the conduct of two sitting federal judges: Samuel B. Kent, district court judge for the Southern District of Texas, and G. Thomas Porteous, Jr., district court judge for the Eastern District of Louisiana. In both cases, the House Judiciary Committee recommended the adoption of articles of impeachment. On June 19, 2009, Judge Kent was impeached on charges that he sexually abused court employees and obstructed a federal investigation into sexual abuse allegations against him. On March 11, 2010, the House impeached Judge Porteous for, among other things, accepting kickbacks, soliciting favors, and falsifying bankruptcy documents. While no judges are currently under investigation by the House of Representatives, it is certain that the House will be called on in the future to fulfill this weighty constitutional responsibility.
This report examines the history, practice, and procedures of the House of Representatives in fulfilling its constitutional obligation to impeach judges the House deems to be guilty of high crimes and misdemeanors. This report also analyzes historical trends in House impeachment proceedings with empirical data collected by the authors. Generally, the structure of the report parallels the practice of impeachment in the House. The first section provides a brief overview of the impeachment process. The second discusses methods of initiating impeachment in the House. Special attention is given to changes in this process over time and the modern involvement of the judiciary in identifying judges for whom impeachment may be appropriate. The third section presents the procedures of the House investigating committee, as well as changes in the structure and activities of those types of committees over time. The fourth section explores floor procedures for consideration of impeachment resolutions reported by the investigating committee. The fifth and final section examines the House’s responsibilities in a subsequent Senate impeachment trial.
Although the constitutional responsibilities in the House have not changed over time, House practices have. By increasing the involvement of the judiciary at the beginning of the impeachment process, the House has given some structure to what was once a highly idiosyncratic process. The establishment of the House Judiciary Committee as a standing committee in 1813 moved impeachment investigations to a permanent home. Finally, the involvement of outside counsel in assisting House managers in a Senate impeachment trial has grown over time, with counsel playing an increasing role in pre-trial proceedings and, in some case, the cross-examination of witnesses in the Senate trial.
Date of Report: April 4, 2011
Number of Pages: 25
Order Number: R41110
Price: $29.95
Follow us on TWITTER at http://www.twitter.com/alertsPHP or #CRSreports
Document available via e-mail as a pdf file or in paper form.
To order, e-mail Penny Hill Press or call us at 301-253-0881. Provide a Visa, MasterCard, American Express, or Discover card number, expiration date, and name on the card. Indicate whether you want e-mail or postal delivery. Phone orders are preferred and receive priority processing.
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