H.R. 10390
Judicial Conduct and Disability Reform Act of 2026
Sponsor: Scott Fitzgerald · 0 cosponsors
Official summary
No official summary yet.
Text of the bill
Section 357 of title 28, United States Code, is amended to read as follows:
357. Review of orders and actions
(a) Review of action of judicial council
(1) 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.
(2) 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).
(3) 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).
(b) Limited judicial review
(1) 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.
(2) Venue. The venue of a proceeding under this subsection is in a judicial circuit that—
(A) is selected by the Chief Justice of the United States; and
(B) 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.
(3) Scope of review. Review under this subsection shall be limited to questions under the Constitution of the United States.
(4) Procedures. The Judicial Conference shall issue rules governing the review authorized by this subsection. These rules shall—
(A) incorporate, to the extent appropriate, the procedures specified in chapter 158 of this title; and
(B) 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.
(5) 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.
(6) Review in supreme court on certiorari or certification
(A) 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.
(B) 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.
(c) 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.