Questions About a Judge : When does the time come for a veteran jurist to step down?

The U.S. Constitution states that federal judges “shall hold their Offices during good Behavior.” Apart from that, judges can stay until they die, short of impeachment by the House of Representatives. This safeguard has properly insulated judges from political vagaries and pressures. However, it also creates a difficult problem when it comes to judges who display intemperate behavior.

We cite the case of U.S. District Judge A. Andrew Hauk of Los Angeles, 82. Since being appointed by President Lyndon B. Johnson nearly 30 years ago, he has earned a reputation as a cantankerous and bristly jurist. He did little to alter that reputation Wednesday when he threw out a major environmental case with sneers about “pointy heads,” “do-gooders” and “pseudo-scientists.” It was in that context that he rendered his decision letting off the hook the chemical companies that dumped millions of pounds of DDT into the Pacific. Environmental agencies spent $24 million collecting evidence; an appeal is expected.

Hauk had earlier angered homosexuals (he used the word faggots ) and women (“soft touches”). Once, in what he perhaps saw as chivalry, he gave a lighter sentence to a women convicted of bank robbery because she acted at the behest of her pimp. Last year, the Judicial Council of the 9th Circuit Court of Appeals took the highly unusual step of prohibiting him from hearing cases involving police brutality after receiving complaints that he exhibited a pro-police bias.

In his defense, however, even liberal colleagues say the caricature suggested by Hauk’s crotchety comments is unfair. They say he is respected as a judge who will not roll over for the U.S. attorney and that he remains mentally alert. A feminist who spent a year as his law clerk came away genuinely liking and respecting Hauk.

Under the widely admired leadership of Chief Judge J. Clifford Wallace of San Diego, the Judicial Council has pioneered in examining gender, race and ethnic bias in the judiciary. Short of impeachment, the only way to discipline judges is for the council to limit their caseloads, as it has done with Hauk in police cases. Traditionally, when a judge does not realize it is time to retire, a group of colleagues pays a quiet visit. Perhaps that time has come for Hauk.