Also known as: judiciaries
Written by attorneys · grounded in primary & secondary sources — see below
The branch of government responsible for interpreting the laws and administering justice. A system of courts or a body of judges also constitutes the judiciary.
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Judge Ramirez attends a fundraiser hosted by a prominent business leader under federal investigation. The judicial conduct commission disciplines Ramirez because the appearance of favoritism erodes public confidence in the judiciary's impartiality.
Congress authorizes a judicial council to appoint a special prosecutor limited to investigating one executive-branch official. The Supreme Court upholds the appointment because the narrow role qualifies the prosecutor as an inferior officer whose selection the judiciary may perform.
Judicial candidate Torres promises donors that she will favor certain litigants if elected. The ethics board sanctions Torres because her statements undermine the independence and impartiality expected of the judiciary.
Judge Patel attends a private dinner hosted by a recently convicted racketeer and attended by known organized-crime figures. The state supreme court imposes discipline because the association damages public confidence in the judiciary's integrity.
Judge Morales is arrested for possessing illegal drugs and frequenting known drug dealers. The judicial review board suspends Morales because the conduct brings the judiciary into disrepute even though no case was affected.
Judge Ellison presides over a university's contract dispute while serving as a trustee of that university. The court of appeals vacates the judgment because the undisclosed conflict violates the objective recusal standard and undermines confidence in the judiciary.
A judge's associations or personal behavior that creates an appearance of impropriety or bias violates the duty to promote confidence in the judiciary's independence and integrity.
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Congress may vest appointment of an inferior officer whose duties are narrowly limited to a specific investigation or subject in the judiciary rather than requiring Senate confirmation.
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Yes. An objective standard applies. Post-discovery of a disqualifying interest can warrant vacatur when the violation is neither harmless nor trivial.
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…provision and in judicial decisions. Congress, by a law passed at the first session after the adoption of the Constitution (the Judiciary Act), expressly gave the Supreme Court the power of issuing writs of mandamus. The words are: 'The supreme court shall also have appellate jurisdiction ... and shall have power to issue…