What types of administrative control can judicial colleagues have over common-law judges?

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In the common-law tradition, judges operate with a high degree of independence and are not subject to supervision by external bodies like a ministry of justice or a council of judges. Consequently, administrative control over common-law judges is limited and exercised primarily by their judicial colleagues.12

These powers of management are generally slight and include the following:

  • Reporting: Requiring periodic reports regarding pending cases.12
  • Case Management: Arranging for temporary, typically consensual, transfers of judges between courts to address issues such as illness or congested calendars.12
  • Discipline: In some jurisdictions, senior judges are vested with the authority to impose sanctions on colleagues for misconduct, ranging from formal reprimands to removal from office.12
  • Fitness Oversight: Senior judges may also be empowered to retire colleagues who are deemed physically or mentally unfit to perform their duties.12

It is important to note that appellate review is not considered a form of administrative control or discipline; rather, it is a process designed to protect the rights of litigants and clarify the law.12