Political Law, 2011 Bar — Question 79

MULTIPLE CHOICE

Judge Lloyd was charged with serious misconduct before the Supreme Court. The Court found him guilty and ordered him dismissed. Believing that the decision was not immediately executory, he decided a case that had been submitted for resolution. The decision became final and executory. But the losing party filed a certiorari action with the Court of Appeals seeking to annul the writ of execution issued in the case and bar Judge Lloyd from further acting as judge. Can the relief against Judge Lloyd be granted? (A) No, Judge Lloyd’s right to stay as judge may be challenged only by direct proceeding, not collaterally. (B) Yes, the action against Judge Lloyd may be consolidated with the case before the Court of Appeals and decided by it. (C) Yes, Judge Lloyd’s right to stay as judge may be challenged as a necessary incident of the certiorari action. (D) No, the losing party has no standing to challenge Judge Lloyd’s right to stay as judge.

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