From a comment earlier but worth discussion: “Seems our whole system of “checks and balances” has a weak spot - the judiciary is not accountable to anyone but themselves, unlike the other branches. Once they’re entrenched it’s hard to remove them, and there’s no periodic review of their rulings and what type of cases they choose. It’s a place where corrupt or subversive elements could get into and hide out.”
Other than initial appointments, what checks and balances are there on the judicial branch? How could the system be improved moving forward?
When the Constitution was penned. And the Government and it’s associated checks and balances initially laid out. Only a fraction of the population could vote. And only an even smaller proportion of that. Had the resources to run for state or Federal Elections. That and there wasn’t lawyers under every bloody rock like there is now. Given the crop of people who could stand for office was small. And ran in similar circles. There was just as much social and professional consequences to keep a Judge in check as there was legal repercussions should any malfeasance be found out. Or particularly unpopular rulings be made.
Not to mention Congress, the States, and President have the option to ignore a court’s ruling as has been several times. Though to much social upheaval.
But to answer you question. Let’s pose a Hypothetical Scenario. Let’s say a Judge is hearing a case. And it comes out there’s a potential conflict of interest.
Let’s say an Anonymous Hypothetical committee of other Judges. Let’s say 5. Is appointed by a Legislator with appropriate authority to decide if the potential conflict of interest of is sufficient enough to affect the Judges ruling on the case.
They must rule at a 60% majority. 3/5 either way. Whether the judge must be removed and a new one appointed. Or whether he’s clear to proceed with the case.
Not an ideal check. But it’s something more than exists now. Though you run into the same issue. As the same concerns can be had of whoever is placed in charge of appointing these committees.