Also known as: good behaviour · good conduct
Written by attorneys · grounded in primary & secondary sources — see below
A constitutional standard that permits federal judges to hold their offices for life. The standard subjects judges to removal only through impeachment for misconduct rather than at the pleasure of the political branches.
Georgia Gibbs receives a presidential appointment to the federal district court and Senate confirmation. She serves for decades while issuing rulings that draw criticism from members of Congress. Because she holds office during good behavior, Congress cannot remove her by statute or by cutting her salary.
Greta Goldstein is appointed as a special trial judge in the Tax Court. Parties challenge whether the appointment satisfies Article III requirements. The Court upholds the structure because the position does not exercise the full judicial power reserved for judges who hold office during good behavior.
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Gideon Graves, a sitting state judge, challenges a rule barring personal solicitation of campaign funds. The Court sustains the restriction because states may regulate judicial elections differently from the federal system in which judges hold office during good behavior.
Gretchen Graham argues that public protests should prompt reconsideration of a prior constitutional ruling. The joint opinion notes that federal judges holding office during good behavior are unlikely to be swayed by such pressure when applying stare decisis.
Gwen Gallagher, a nontenured university instructor, claims a right to continued employment. The Court distinguishes her one-year contract from the life tenure during good behavior enjoyed by Article III judges, finding no protected property interest.
Gustavo Gutierrez, a public employee facing discharge, seeks a pre-termination hearing. The Court holds that due process requires some opportunity to respond, but the protections remain far less than the life tenure during good behavior granted to federal judges.
The standard requires removal only through impeachment for misconduct. Congress may not shorten a judge's term or reduce compensation to effect removal.
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No. The clause applies only to judges of constitutional courts vested with the judicial power of the United States. Administrative adjudicators and Article I judges serve under different statutory terms.
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Congress may create such tribunals for public rights or as adjuncts to Article III courts, but it may not assign core judicial power to officials without life tenure and salary protection.
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It prevents the political branches from removing judges through ordinary legislation or salary manipulation, thereby insulating judicial decisions from short-term political pressure.
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…this statement, although it may be doubted that Members of this Court, holding their tenure as they do during constitutional "good behavior," are at all likely to be intimidated by such public protests. But the joint opinion goes on to state that when the Court "resolve[s] the sort of intensely divisive controversy reflected…