Judicial Conduct and Disability Reform Act of 2026
Sponsored By: Representative Fitzgerald, Scott [R-WI-5]
Introduced
Summary
Limits judicial suspensions and creates faster, clearer procedures for misconduct cases. The bill would impose strict deadlines on suspension orders, add rules to transfer proceedings between circuits, require congressional notice of key actions, and expand when and where judges or complainants can seek appellate review.
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- Judges: Judicial councils would have to act within one year to end a suspension, renew it for up to one year, or ask the judge to retire. No suspension could last more than two years total.
- Complainants and accused judges: The bill would broaden who can petition for review and allow limited appellate review when cumulative suspensions exceed one year, with venue set by the Chief Justice in a different circuit.
- Oversight and process: Councils must promptly notify the House and Senate Judiciary Committees about certain actions. The measure also creates a process to transfer proceedings between circuits when doing so would protect public confidence and judicial independence.
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Bill Overview
Analyzed Economic Effects
4 provisions identified: 2 benefits, 0 costs, 2 mixed.
Stronger recusal rule for discipline cases
If enacted, the bill would require judges handling chapter 16 proceedings to step aside when their impartiality might reasonably be questioned. This would apply to judges who preside over disciplinary or disability matters under chapter 16. The rule is meant to promote fair and impartial decisionmaking in those cases.
Transfer of judge complaints between circuits
If enacted, the bill would let some chapter 16 proceedings move to a different federal circuit. For complaints against circuit judges, a chief judge must ask the Chief Justice to transfer the case if the chief judge does not dismiss or conclude it. A chief judge or council could also request transfers at other stages before certain referrals or petitions. The Chief Justice could refuse or choose the transferee council, and the new council would exercise the same powers.
Limits and notices for judge suspensions
If enacted, the bill would make new rules for suspensions of federal judges in chapter 16 cases. A council or the Judicial Conference would have one year to end a suspension, renew it for at most one more year, or ask the judge to retire. No suspension or renewal could last more than two years in total. Councils would have to notify the Senate and House Judiciary Committees when they act or ask for a judge's retirement, and file a written order describing any corrective action if they end a suspension. The rules would apply to complaints filed after enactment and to suspension orders already in effect on enactment.
New appeals and review rules for suspensions
If enacted, the bill would create clearer review paths for chapter 16 actions. A judge could get exclusive court-of-appeals review of a suspension only if the initial order plus any renewals total more than one year. That appeal would go to a circuit chosen by the Chief Justice that is not the judge's circuit and not the issuing circuit, and would be limited to constitutional questions. A complainant or judge could also petition the Judicial Conference for review. Most other council orders would remain final and not open to judicial review except as the bill allows. The bill would set strict time limits for seeking Supreme Court review by certiorari.
Sponsors & CoSponsors
Sponsor
Fitzgerald, Scott [R-WI-5]
WI • R
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov