Alan Baron Published in The National Law Journal
“The Porteous Impeachment: A First”

Commercial litigation and government contracts attorney Alan Baron co-authored an article published January 17, 2011 in The National Law Journal. The article, which was written in conjunction with Michael J. Gerhardt, Samuel Ashe Distinguished Professor in Constitutional Law and Director of the University of North Carolina at Chapel Hill’s Center for Law and Government, discussed the recent impeachment of former Louisiana federal district judge G. Thomas Porteous. The impeachment of Porteous, according to Alan and Michael, broke new constitutional ground, as its cause stemmed from actions Porteous undertook before becoming a federal officer. In the past, impeachments have only occurred due to actions taken while in office.

“Through Porteous’ removal, the Senate has clearly signaled to all candidates for high federal office, particularly those for life-tenured judgeships, that they have a duty to disclose to the Senate, if not to the presidents nominating them, any misconduct having a bearing on their fitness to hold office,” the authors noted. “For candidates who have not disclosed serious misconduct prior to assuming office, federal judgeships will no longer offer a lifetime sanctuary. What the Senate confers, it can revoke.”