When a judge gets removed from office

State rules vary widely on what happens after a judge is removed from office for misconduct. This summary of a 2024 article from the Judicial Conduct Reporter outlines how Constitutional authority and court rulings have shaped each state's approach to judicial removal and its aftermath.

What happens when judges are removed?

States take different paths when dealing with judges who are removed for misconduct, with some states permanently barring them from future judicial service or law practice, while others allow reinstatement after a waiting period or through a petition process.

These key takeaways highlight how judicial disqualification, reinstatement, and law license consequences are handled and where courts have drawn the line on permanent removal.

The impact on law licenses

In many states, being removed from the bench may trigger suspension or revocation of a license to practice law. Some states require further court action, while others leave it to bar associations or disciplinary bodies to determine eligibility.

Future service banned in some states

At least 16 states automatically disqualify removed judges from holding any judicial office again, with no clear path to reinstatement.

Some states allow reinstatement

States such as South Carolina, Washington, and Louisiana allow former judges to petition for reinstatement, but it typically requires them to prove rehabilitation and show that their reinstatement would not harm public confidence in the judiciary.

Courts split on permanent disqualification

Michigan's Supreme Court has rejected the idea that it can permanently bar judges from future office. But other courts, like those in Arkansas, have upheld permanent disqualification as part of their disciplinary authority.

Resigning may not stop disqualification

Some states, such as Oklahoma, extend judicial disqualification not only to judges who are removed but also to those who resign while under investigation.