H.R. 10390

Judicial Conduct and Disability Reform Act of 2026

Sponsor: Scott Fitzgerald · 0 cosponsors

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Sec. 2. Suspension orders

(a) In general. Chapter 16 of title 28, United States Code, is amended by inserting at the end the following:

Text this section adds to the law

365. Suspension orders

(a) Limits on suspension orders by judicial council

(1) Not later than one year after a suspension order is issued, the judicial council or Judicial Conference shall—

(A) end the suspension and conclude the proceeding;

(B) 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

(C) request that the judge retire—

(i) under section 371(a), with the proviso that the age and service requirements shall not apply;

(ii) under section 371(b), with the proviso that the age and service requirements shall not apply; or

(iii) under section 372(a).

(2) At the time of making the request under subsection (a)(1)(C), the judicial council shall notify the appropriate congressional committees of its action.

(3) 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.

(4) 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).

(b) Limits on order renewing suspensions

(1) A judicial council may renew a suspension order in accordance with this subsection.

(2) The powers and limitations set forth in subsection (a) shall apply as in an initial suspension, provided that there is no option for renewal.

(c) Powers of judicial conference

(1) This subsection shall apply to any proceeding in which—

(A) the conduct of a judge appointed to hold office during good behavior is the subject of the complaint; and

(B) the matter has reached the Judicial Conference—

(i) by referral under section 354(b)(1);

(ii) by certification under section 354(b)(2); or

(iii) upon petition for review under section 357(a).

(2) 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.

(3) 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.

(d) Definitions. In this chapter:

(1) The term suspension order means an order that—

(A) 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;

(B) is issued by a judicial council under section 354(a)(2)(A)(i) or by the Judicial Conference under section 355(a); and

(C) directs that no further cases be assigned to the judge whose conduct is the subject of the complaint.

(2) 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.

(b) 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:

Text this section adds to the law

Sec. 365. Suspension orders.