Also known as: during good behaviour · good behavior · good behaviour · good behavior clause · judicial good behavior
Written by attorneys — see sources below.
A tenure protection for federal judges that continues until removal for misconduct through impeachment proceedings. The clause secures judicial independence by barring fixed terms or at-will removal for judges exercising the judicial power of the United States.
David Dawson, a district judge appointed under Article III, faces a congressional attempt to limit his service to a ten-year term. Because the Constitution requires that judges hold their offices during good behavior, the proposed term limit cannot displace Dawson from the bench absent impeachment. The restriction is therefore invalid and Dawson continues to exercise judicial power without interruption.
Dwight Dorsey, a taxpayer, challenges the authority of a special trial judge in Tax Court who lacks life tenure. The Supreme Court holds that the judge may decide the case because the position is not an exercise of the judicial power vested in Article III courts whose judges must hold office during good behavior. Dorsey's constitutional objection therefore fails.
In 1969 Congress established the United States Tax Court as an Article I court of record and authorized it to appoint commissioners, later renamed special trial judges, to assist its judges. The Tax Court consists of nineteen judges appointed by the President with Senate confirmation to fifteen-year terms. In 1984 and 1986 Congress expanded the Chief Judge's authority to assign special trial judges to hear four categories of proceedings, including any other proceeding the Chief Judge may designate, though only regular Tax Court judges may enter final decisions in the fourth category. Several petitioners deducted approximately $1.5 billion in losses from a tax shelter scheme on their federal income tax returns. In March 1982 they petitioned the Tax Court for review of deficiency determinations. Their cases were assigned to Tax Court Judge Richard C. Wilbur and trial began in 1984. Judge Wilbur became ill in November 1985. The Chief Judge assigned Special Trial Judge Carleton D. Powell to preside over the trial as evidentiary referee with proceedings videotaped. When Judge Wilbur retired effective April 1, 1986, the cases were reassigned to Judge Powell with petitioners' consent for preparation of written findings and an opinion. Judge Powell concluded that the tax shelter consisted of sham transactions and that petitioners owed additional taxes. The Chief Judge adopted Judge Powell's opinion as the opinion of the Tax Court. Petitioners appealed to the Court of Appeals for the Fifth Circuit, which affirmed the Tax Court's decision. Petitioners contended on appeal that assignment of their complex cases to a special trial judge exceeded statutory authority and violated the Appointments Clause. The Fifth Circuit held that the constitutional claim could be raised for the first time on appeal but rejected it on the merits, finding waiver by consent. The Supreme Court granted certiorari to address the statutory and constitutional questions.
View caseThe clause requires that judges of constitutional courts hold office for life unless removed through impeachment for misconduct. It prevents Congress from imposing fixed terms or at-will removal on those who exercise the judicial power of the United States.
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No. The protection applies only to judges of Article III courts that exercise the judicial power of the United States. Administrative tribunals and Article I courts may use fixed terms and different removal standards without violating the clause.
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No. The clause pairs tenure protection with a prohibition on diminishing judicial compensation during a judge's continuance in office. Any statutory reduction that targets sitting Article III judges violates the constitutional guarantee.
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When a body exercises core judicial power by entering binding judgments that other courts must enforce, its adjudicators must possess Article III tenure. Without that protection the structure violates separation of powers and the judgments are subject to constitutional challenge.
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…II, and Article III. The only "Courts of Law" referred to there are those authorized by Article III, § 1, whose judges serve during good behavior with undiminishable salary. Art. III, § 1. See Glidden Co. v. Zdanok, supra , at 543 (opinion of Harlan, J.); United States v. Mouat , 124 U. S. 303, 307 (1888) ("courts of justice")…