Jennifer's Laws · II. Judicial Accountability & Liability

J-Law 15 — Mandatory Ethics Examination

Judges shall pass an annual ethics and bias assessment measuring their understanding of due process, equal protection, and impartiality. Failure results in retraining, suspension, or removal.

Pilots requalify on simulators. Physicians complete continuing education and periodic recertification. Attorneys themselves must complete annual ethics credits to keep their licenses. The professionals holding the greatest coercive power over individual lives — power to take children, liberty, and property — face no recurring examination of any kind once they reach the bench. Appointment or election operates as a lifetime certification of virtue.

Knowledge decays and bias accumulates; both are documented features of every long career, and the robe grants no exemption. An annual assessment of due process, equal protection, and impartiality asks judges to demonstrate command of the exact principles they enforce against others daily. A judge who cannot pass an ethics examination has no business administering justice, and a system unwilling to check has announced that it prefers not to know. Retraining, suspension, and removal give the requirement consequences — the ingredient every prior form of judicial "education" has conspicuously lacked.

The expected counterargument: testing sitting judges is demeaning, and a written exam cannot measure real-world fairness. Dignity arguments from power always run in one direction; no one asks whether annual recertification demeans the surgeon holding a scalpel over your chest. A judge insulted by the suggestion that their grasp of due process should be verified has confused status with competence, and the confusion is precisely what the exam exists to catch. The measurement objection is half right — a test captures knowledge rather than character — and half the problem is knowledge. Litigants regularly face judges who misstate basic procedural rights from the bench, and an exam catches exactly that. Character gets measured by the other laws in this declaration. Imperfect measurement beats the current instrument, which measures nothing and finds, year after year, that every judge is fine.