I
119th CONGRESS
2d Session
H. R. 10390
IN THE HOUSE OF REPRESENTATIVES
September 15, 2026
Mr. Fitzgerald introduced the following bill; which was referred to the Committee on the Judiciary
A BILL
To amend title 28, United States Code, to provide for mandatory transfer requests for complaints against circuit court judges, and for other purposes.
Short title
This Act may be cited as the Judicial Conduct and Disability Reform Act of 2026
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Suspension orders
In general
Chapter 16 of title 28, United States Code, is amended by inserting at the end the following:
Suspension orders
Limits on suspension orders by judicial council
Not later than one year after a suspension order is issued, the judicial council or Judicial Conference shall—
end the suspension and conclude the proceeding;
renew the suspension for a period not to exceed one year upon finding that doing so will effectuate the remedial purposes of this chapter; or
request that the judge retire—
under section 371(a), with the proviso that the age and service requirements shall not apply;
under section 371(b), with the proviso that the age and service requirements shall not apply; or
under section 372(a).
At the time of making the request under subsection (a)(1)(C), the judicial council shall notify the appropriate congressional committees of its action.
If the judicial council concludes the proceeding under paragraph (1)(A), it shall file a written order under section 360(b) describing any corrective action taken by the subject judge during the pendency of the suspension.
If, within 30 days of the request described in paragraph (1)(C), the judge has not voluntarily retired, the judicial council shall refer the complaint to the Judicial Conference under section 354(b)(1) or certify the matter to the Judicial Conference under section 354(b)(2).
Limits on order renewing suspensions
A judicial council may renew a suspension order in accordance with this subsection.
The powers and limitations set forth in subsection (a) shall apply as in an initial suspension, provided that there is no option for renewal.
Powers of judicial conference
This subsection shall apply to any proceeding in which—
the conduct of a judge appointed to hold office during good behavior is the subject of the complaint; and
the matter has reached the Judicial Conference—
by referral under section 354(b)(1);
by certification under section 354(b)(2); or
upon petition for review under section 357(a).
In addition to the powers conferred in section 355, the Judicial Conference may exercise the powers conferred upon the judicial council by section 354(a)(2)(A), as limited by this section.
Under no circumstances may a suspension order (including any renewals) extend for more than two years from the effective date of the initial suspension order.
Definitions
In this chapter:
The term suspension order means an order that—
is issued in a proceeding in which the conduct of a judge appointed to hold office during good behavior is the subject of a complaint filed under this chapter;
is issued by a judicial council under section 354(a)(2)(A)(i) or by the Judicial Conference under section 355(a); and
directs that no further cases be assigned to the judge whose conduct is the subject of the complaint.
The term ‘appropriate congressional committees’ means the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives.
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Clerical amendment
The table of sections for chapter 16 of title 28, United States Code, is amended by inserting after the item relating to section 364 the following:
Sec. 365. Suspension orders.
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Transfer of complaints under chapter 16
Section 352 of title 28, United States Code, is amended by inserting after subsection (b) the following:
Transfer of proceedings
In general
Request for transfer
Permissive
A chief judge or a judicial council may ask the Chief Justice to transfer a proceeding based on a complaint filed under section 351(a) or identified under section 351(b) to the judicial council of another circuit.
Mandatory
A request for a transfer under clause (i) shall be made in any proceeding in which the transfer would contribute to effectuating the purposes of this chapter, including maintaining public confidence in the judiciary’s ability to redress misconduct or disability and protecting the independence of individual judges.
Timing
A request for a transfer may be made at any stage of the proceeding before a reference to the Judicial Conference is made under section 354(b) or a petition for review is filed under section 352(c) or section 357(a).
Disposition
Upon receiving such a request, the Chief Justice may refuse the request or select the transferee judicial council, which may then exercise the powers of a judicial council under this chapter.
Complaints against circuit judges
In general
If a complaint has been filed under section 351(a) or identified under section 351(b) against a judge who serves on a United States Court of Appeals, and the chief judge does not dismiss the complaint under section 352(b)(1) or conclude the proceeding under section 352(b)(2), the chief judge shall ask the Chief Justice to transfer the proceeding to the judicial council of another circuit.
Disposition
Upon receiving such a request, the Chief Justice may refuse the request or select the transferee judicial council, which may then exercise the powers of a judicial council under this chapter.
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Congressional notification
Section 354(a)(4) of title 28, United States Code, is amended by adding at the end the following:
Notice of action to appropriate congressional committees
The judicial council shall immediately provide written notice of the action taken under this subsection to the appropriate congressional committees. The term appropriate congressional committees means the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives.
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Review of orders and actions
Section 357 of title 28, United States Code, is amended to read as follows:
Review of orders and actions
Review of action of judicial council
Petition for review
A complainant or judge aggrieved by an action of the judicial council under section 354 may petition the Judicial Conference of the United States for review thereof.
Authority of judicial conference
The Judicial Conference, or the standing committee established under section 331, may grant a petition filed by a complainant or judge under subsection (a).
Standard of review
In exercising its power of review under this subsection, the Judicial Conference, or the standing committee established under section 331, shall exercise an independent judgment with respect to issues of law (including the application of law to fact), the definition of misconduct and performance-impairing disability within the meaning of this chapter, and the appropriateness of the action taken by the judicial council under section 354(a).
Limited judicial review
Jurisdiction
The court of appeals shall have exclusive jurisdiction to review a suspension order, as defined in section 365(d), if the cumulative duration of the initial order and any renewals is more than one year. Review may be sought only by the judge who is the subject of the order.
Venue
The venue of a proceeding under this subsection is in a judicial circuit that—
is selected by the Chief Justice of the United States; and
is neither the circuit where the suspended judge serves nor the circuit whose judicial council issued the suspension order that is the subject of the petition for review.
Scope of review
Review under this subsection shall be limited to questions under the Constitution of the United States.
Procedures
The Judicial Conference shall issue rules governing the review authorized by this subsection. These rules shall—
incorporate, to the extent appropriate, the procedures specified in chapter 158 of this title; and
effectuate the purposes of this chapter, including maintaining public confidence in the judiciary’s ability to redress misconduct or disability and protecting the independence of individual judges.
Expeditious review
A petition for review under this section shall be considered and decided expeditiously, to the end that the matter will not be mooted before decision.
Review in supreme court on certiorari or certification
Review on certiorari
A final order of the court of appeals in a proceeding under this subsection is subject to review by the Supreme Court on a writ of certiorari as provided by section 1254(1) of this title. Application for the writ shall be made within 45 days after entry of the order and within 90 days after entry of the judgment, as the case may be. The subject judge or the United States may file a petition for a writ of certiorari.
Certification and stays
The provisions of section 1254(2) of this title, regarding certification, and of section 2101(f) of this title, regarding stays, also apply to proceedings under this subsection.
Preclusion of review of other orders
Except as otherwise provided in this section and section 352(c), all orders and determinations, including denials of petitions for review, shall be final and conclusive and shall not be judicially reviewable on appeal or otherwise.
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Standard of recusal
Section 359 of title 28, United States Code, is amended—
by redesignating subsections (a) and (b) as subsections (b) and (c), respectively; and
by inserting after the section title the following:
General rule of disqualification
A judge shall disqualify himself or herself in any proceeding under this chapter in which the judge’s impartiality might reasonably be questioned.
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Conforming amendments
Subsections (c) and (d) of section 352 of title 28, United States Code, are redesignated as subsections (d) and (e), respectively.
Effective date
The amendments made by this Act apply to each complaint under chapter 16 of title 28, United States Code, filed or identified under such chapter after the date of enactment of this Act, or to any suspension order, as defined in section 365, in effect on the date of enactment of this Act.