If we resort for a criterion to the different principles on which different forms of government are established, we may define a republic to be, or at least may bestow that name on, a government which derives all its powers directly or indirectly from the great body of the people, and is administered by persons holding their offices during pleasure, for a limited period, or during good behavior
The Judges, both of the supreme and inferior Courts, shall hold their Offices during good behavior
, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.
Section 11 of Article VIII of the constitution provides that members of the Supreme Court "shall hold office during good behavior
until they reach the age of seventy years or become incapacitated to discharge the duties of their office.
Vicente Veloso, a former CA justice himself, said Sereno violated Article VIII of the Constitution, which required the members of the judiciary to be 'of proven competence, integrity, probity, and independence' and to 'hold office during good behavior
org/article-3-and-the-courts/) Article III of the Constitution , "judges, both of the supreme and inferior courts, shall hold their offices during good behavior
," meaning they can keep their jobs for as long as they want unless they are impeached.
Englishmen were jealous of judicial independence and upset when Charles I changed the usual tenure so that judges no longer served during good behavior
but at the king's pleasure, bringing them under closer royal control.
These two provisions--retaining office during good behavior
(often referred to as "life tenure") and a salary that cannot be cut--give federal judges independence.
The Constitution states that the judges "shall hold their offices during good behavior
appointed to serve only during good behavior
who then misbehaved
The exact process for removal through Article of Address is set out in the 98th amendment to the Massachusetts Constitution: "All judicial officers, duly appointed, commissioned and sworn, shall hold their offices during good behavior
They "hold office during good behavior
until they reach the age of 70.
The attitude might also reflect an underappreciated similarity that judges and academics share: both are beneficiaries of tenure during good behavior