THE RECALL OF
THE JUDICIARY
IN CALIFORNIA
A Summary of Reasons Against Recalling Judges at Popular Elections
The most important of the constitutional amendments to be voted on by the people at the special election to be held October 10, 1911, is that involving the initiative, referendum and recall, with particular reference to the latter as applied to the Judiciary.
This amendment was the subject for discussion at the last monthly meeting of the Commonwealth Club. At this meeting Assemblyman W. C. Clark of Oakland, Senator Lee C. Gates of Los Angeles, Francis J. Heney and John Haynes of Los Angeles, spoke in favor of the recall as applied to the judiciary, while William Denman, Robert M. Fitzgerald and Warren Olney Jr. argued against it.
Mr. Denman’s argument summarized the points against the recall, and is as follows:
By WILLIAM DENMAN.
Prepared for and delivered before the Commonwealth Club, June 14, 1911.
We all agree that an unfit judge should be recalled. We are in disagreement as to the method. Three ways of accomplishing the result have been considered—the recall by the governor, by the legislature and by popular election.
At the present time a judge may be removed by the legislature without impeachment proceedings by a simple joint resolution, upon
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