H.R. 10390

Judicial Conduct and Disability Reform Act of 2026

Sponsor: Scott Fitzgerald · 0 cosponsors

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Sec. 3. Transfer of complaints under chapter 16

Section 352 of title 28, United States Code, is amended by inserting after subsection (b) the following:

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(c) Transfer of proceedings

(1) In general

(A) Request for transfer

(i) 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.

(ii) 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.

(B) 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).

(C) 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.

(2) Complaints against circuit judges

(A) 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.

(B) 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.