If the DOJ disbars Judge Bybee, would he lose his judgeship?

[usregimechange]

Or would he have to be impeached?

[babylonsister]

1. If he's disbarred, I'd think he wouldn't be able to

to be a judge. I don't know what the procedure is.

[SPedigrees]

2. I know a judge can be thrown off the bench but still continue to practice law.

Not sure about the reverse.

[merh]

3. The DOJ cannot disbar Bybee

The State Bars where he holds a license to practice can disbar him.

The DOJ can present the evidence of his wrongs to a grand jury and the grand jury can indict, if they believe there is enough evidence of a crime, and the DOJ would then prosecute, seek to prove to a jury beyond a reasonable doubt that he is guilty of the indicted charge(s).

He would then face impeachment as did US District Judges Hastings and Nixon, after their guilty convictions. The impeachment would be a no brainer at that stage, with a guilty conviction. It would be an easy impeachment process.

Bybee doesn't have to be found guilty or even indicted by a grand jury to be impeached. The DOJ doesn't have to be involved.

Impeachment is a two step process. The House of Representatives holds hearings, then votes to impeach based upon the evidence developed at the hearing. If the House of Representatives votes in favor, by a simple majority, they then send Articles of Impeachment to the Senate.

After receiving the Articles of Impeachment the Senate conducts a trial of Bybee to decide if he is guilty of the crimes charge in the Articles of Impeachment.

If two-thirds of the Senate votes to accept any Article of Impeachment, then Bybee is automatically removed from office.

Unless Bybee resigns or is impeached, he will hold the office until he dies. Disbarment won't change that and neither would being convicted of a crime.

[babylonsister]

6. Thanks, merh.

The truth is refreshing, and you know it. :hug: :fistbump:

[merh]

7. yes, truth is refreshing

after the 8 years of the bush abuses and crimes, justice would be intoxicating.

:hi:

[elleng]

4. He could only be disbarred by the State(s) wherein he is

admitted to practice, not DOJ. Thereafter he MIGHT lose his judgeship. They're hoping he won't have to be impeached (messy), so would like him to resign.

[OmahaBlueDog]

5. IIRC, he would still have to be impeached by the Senate

[AtomicKitten]

8. Prof Turley said disbarment would almost certainly lead to impeachment. n/t

[WCGreen]

9. I don't think you have to technically be an attorney to be a federal judge...

According to Article 111 of the US Constitution...

The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.


That also means that Federal District and Appellate courts are bound by this part of the Constitution. There is no mention of being an attorney as a prerequisite for serving as a federal judge.

[usregimechange]

10. Thanks everyone, lets hope we can at least see him lose his job.

[TexasObserver]

11. No, he'd still have to be removed by impeachment.

Happened to former judge Hastings.

http://en.wikipedia.org/wiki/Alcee_Hastings