Rep. Fitzgerald Introduces Landmark Reform of Judicial Conduct and Disability Act

WASHINGTON, DC – Congressman Scott Fitzgerald (WI-05), a member of the House Judiciary Subcommittee on Courts, Intellectual Property, Artificial Intelligence, and the Internet, introduced the Judicial Conduct and Disability Reform Act, the first major overhaul of the Judicial Conduct and Disability (JCDA) Act in more than 45 years and the latest since 2002.

“The case of Judge Pauline Newman has exposed major flaws in the JCDA that warrant Congressional attention,” said Congressman Fitzgerald. “For more than three years, Judge Newman has been unable to hear any cases while her case drags on. Meanwhile, the Chief Justice refused to grant Judge Newman’s request to transfer the proceedings to another circuit despite an obvious bias at the Federal Circuit and has now denied her petition for judicial review. My bill will correct this injustice against Judge Newman and ensure judges cannot be subjected to indefinite suspensions without due process.”

The Judicial Conduct and Disability Reform Act makes four key reforms to the JCDA:

• Provides a statutory time limit for Judicial Conduct and Disability (JC&D) proceedings;
• Requires the mandatory transfer of cases against certain Circuit Court judges;
• Creates limited judicial review for challenging suspension orders; and
• Establishes an objective standard of recusal from JC&D proceedings.

The bill also increases oversight and notification procedures to Congress when judges are subject to certain judicial conduct proceedings. This is a change from current law, which requires Congressional notification only when the Judicial Conference determines impeachment may be warranted.

“For decades, the Judicial Conduct and Disability Act has helped ensure that judges who engage in unethical conduct are held accountable. But developments like Judge Newman's suspension and Judge Ross' misbehavior underscore the need for modernization,” said Executive Director of Fix the Court Gabe Roth. “Rep. Fitzgerald's amendments would strengthen the JCDA in several respects, by limiting the maximum duration of suspensions, facilitating the transfer of complaints where appropriate and enhancing Congress’s oversight responsibilities. They constitute a valuable contribution to judicial accountability, and Fix the Court is proud to endorse Rep. Fitzgerald's work.” 

“The Judicial Conduct and Disability Act was last amended almost a quarter of a century ago. Since then, high-profile proceedings have revealed gaps and flaws that warrant Congressional attention,” said federal judicial ethics expert Professor Arthur D. Hellman. “I applaud Rep. Fitzgerald for introducing this bill, which makes modest but important changes in the Act’s procedures. Although the bill responds particularly to the concerns raised by what has been called the ‘stealth impeachment’ of Judge Pauline Newman of the Federal Circuit, its provisions are broadly applicable and will serve the interests of judges and complainants alike.”

Background: The Judicial Conduct and Disability Act of 1980 (28 U.S.C. §§ 351-364) authorizes any person, including the chief judge of the circuit, to file or initiate a written complaint alleging that a federal judge either has engaged in “conduct prejudicial to the effective and expeditious administration of the business of the courts,” or “is unable to discharge all the duties” of the office due to mental or physical disability. In 2023, Judge Pauline Newman of the U.S. Court of Appeals for the Federal Circuit was the victim of a misconduct and disability investigation initiated by the Chief Judge of the Federal Circuit, who also chaired the judicial council charged with reviewing the complaint. In 2025, the Court of Appeals for the Federal Circuit upheld a district court’s earlier ruling that it lacked standing to hear Judge Newman’s challenge of the suspension due to 28 U.S.C. § 357(c)’s bar on judicial review and, in June 2026, the Supreme Court denied Judge Newman’s petition for certiorari.

Read the bill text here.

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