Congress eyes overhaul to judicial conduct laws

Representative Scott Fitzgerald said his bill, which would alter the suspension and investigation process for federal judges accused of misconduct, would right the “injustice” against a 98-year-old jurist suspended for years amid a disability probe.WASHINGTON (CN) — A Wisconsin congressman unveiled a bill Wednesday aimed at modernizing the law governing misconduct investigations for federal judges and limit indefinite suspensions of jurists which judicial advocates say amount to “stealth impeachments.”Representative Scott Fitzgerald said his measure, an overhaul of the Judicial Conduct and Disability Act, was a response to what he characterized as “major flaws” in the law exposed by a misconduct investigation into 98-year-old Federal Circuit Judge Pauline Newman.The 1980 Judicial Conduct and Disability Act established a system under which anyone can file a written complaint against a federal judge for what the statute describes as conduct “prejudicial to the effective and expeditious administration of the business of the courts.” The law also leaves room for complaints about a judge’s mental acuity.Newman was the target of such a complaint in 2023, when Federal Circuit Chief Judge Kimberly Moore launched an investigation into her mental fitness. Moore was also chair of the circuit’s judicial council tasked with reviewing misconduct complaints.After the 98-year-old Newman refused to submit to medical examinations, she was suspended from hearing cases for a year. Chief Justice Johns Roberts denied a request from Newman to transfer her case to another circuit court, and the Federal Circuit extended her suspension in 2025.The Supreme Court in June refused to hear an appeal to lift the ban.Judicial advocates have argued the ability of a court to indefinitely suspend a judge is tantamount to impeachment and that it threatens the due process rights of jurists accused of misconduct.In a statement Wednesday, Fitzgerald said his proposed bill would correct an “injustice” against Newman and ensure judges cannot be forced into indefinite suspensions.If made law, the measure would set a two-year limit on temporary suspensions of judges under misconduct investigation. After that period, the jurist would be reinstated and their case sent to the House for impeachment consideration. The bill would also set up a method for misconduct cases to transfer out of a judge’s home circuit if a complaint clears initial review.Further, Fitzgerald’s bill would set up recusal standards for members of judicial review councils and would allow judges to challenge suspensions on constitutional grounds — the law currently forbids federal courts from adjudicating on misconduct suspensions.“The case against Judge Pauline Newman has exposed major flaws in the JCDA that warrant congressional attention,” the Wisconsin Republican said. “For more than three years, Judge Newman has been unable to hear any cases while her case drags on.”The 2023 investigation into Newman’s fitness for the bench found what the Federal Circuit described at the time as “overwhelming evidence” that she was experiencing symptoms of cognitive decline including memory loss and confusion as well as an inability to perform basic tasks. Her suspension order also detailed instances in which the judge, a Ronald Reagan appointee, accused staff of deceiving her or stealing her belongings.Newman refused to comply with a judicial committee order that she undergo a neurological examination, claiming such tests were unlawful.Beyond modernizing the Judicial Conduct and Disability Act, Fitzgerald’s bill would increase congressional oversight on the judicial misconduct process, requiring notification to lawmakers when judges are disciplined.The proposed bill has been endorsed by judicial advocates such as Gabe Roth, director of reform-minded group Fix the Court. Roth said in a statement Wednesday that Fitzgerald’s measure was a “valuable contribution to judicial accountability.”And Roth pointed out the proposed changes to federal judicial misconduct standards would also plug gaps in the law exposed by the misconduct investigation into U.S. District Judge Eleanor Ross, in which an 11th Circuit panel found she had sex in her courthouse chambers with a police officer. Ross reportedly made false statements to investigators about her conduct and later apologized to a former law clerk for her behavior.In a separate statement, Fix the Court argued Fitzgerald’s bill was “truly nonpartisan” and that the organization expected the U.S. Judicial Conference, the judiciary’s policymaking body, would support reforms to federal judicial misconduct law.The Judicial Conference is scheduled to hold the second of its biannual meetings Thursday.Subscribe to our free newslettersOur weekly newsletter Closing Arguments offers the latest about ongoing trials, major litigation and rulings in courthouses around the U.S. and the world, while the monthly Under the Lights dishes the legal dirt from Hollywood, sports, Big Tech and the arts.Additional Reads