In 1984, district judge Harry E. Claiborne was convicted for falsifying his income tax returns and sentenced to two years in prison. In 1986, Claiborne was impeached by the House of Representatives and tried and convicted by the Senate, thereby removing him from office and terminating his judicial salary. This was the first instance in which the Senate tried an impeached official who had already been convicted in a criminal court.
When Claiborne entered prison on March 16, 1986, he did so with the intention of returning to the bench in two years’ time. He did not resign his judiciary post, and continued to receive his salary of $78,700 a year. This placed the U.S. Congress is a difficult position. Clearly, Claiborne was no longer fit for office, and yet the Constitution allowed only one method for removing a federal judge—impeachment.
Whether or not tax fraud rose to the level of “high crimes and misdemeanors,” or whether a convicted felon could be allowed to remain on the federal bench, were not questions discussed at great length. After only a few hours of debate, the House Judiciary Committee reported articles of impeachment. Four articles were passed unanimously by the full House on July 22, 1986. The Senate received those articles on August 6, 1986.
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