Newsletters
The Office of the Independent Counsel
Following the Watergate scandal, Congress passed the Ethics in Government Act of 1978 (Ethics Act). The law created a Special Prosecutor (the name was later changed to Independent Counsel) to investigate possible crimes by high government officials. The Independent Counsel provision of the Ethics Act expired, and new Independent Counsel legislation that was passed in 1994 expired in 1999 and was not renewed. The Attorney General of the United States now has sole discretion to appoint an outside prosecutor.
Impeachment of Federal Judges
Under the United States Constitution, the President of the United States, with the approval of the United States Senate, appoints federal judges. Federal judges are appointed for life but can be removed from office by impeachment.
Dismissals and Reinstatements of Civil Lawsuits
The law allows the plaintiff (the person suing) to dismiss his/her lawsuit after it has been filed. In addition, the court has authority to order dismissal of a lawsuit under certain circumstances. This article discusses voluntary dismissals by the plaintiff, involuntary dismissals by the court, and the circumstances under which a lawsuit can be reinstated.
Judicial Immunity
As a general rule, judges are immune or protected from lawsuits seeking money damages for any actions performed by the judge as part of his or her official duties. Judicial immunity shields a judge from liability for unpopular or controversial judgments. A judge can be sued for money damages based on his or her nonjudicial actions (actions not made in a judge's official capacity). A judge is also liable for actions that are judicial in nature but are taken when the judge lacks jurisdiction or authority over the matter.
Hung Juries
The United States Constitution guarantees all criminal defendants a right to a trial by a jury of their peers. A criminal jury consists of 12 people. There is also a constitutional right to a jury trial in certain types of civil cases. The jury in a civil case usually contains 6 to 12 people. If the jurors cannot agree on a verdict, the jury is said to be a "hung jury" or a "deadlocked jury." If a jury deadlocks, the result is a mistrial.
