New Bill Would Overhaul Judicial Misconduct Proceedings in Light of Moore-Newman Battle

Representative Scott Fitzgerald (R-WI) has introduced a bill to amend the Judicial Conduct and Disability Act, inspired by U.S. Court of Appeals for the Federal Circuit (CAFC) Judge Pauline Newman’s fight to restore her status as an active judge, following a three-year suspension of her duties initiated by CAFC Chief Judge Kimberly Moore.

The bill, titled “The Judicial Conduct and Disability Reform Act of 2026,” would “provide for mandatory transfer requests for complaints against circuit court judges,” among other changes.

The bill would also limit suspensions to two years from the initial effective date of the suspension order and require that congress be notified in cases where the judge is being asked to retire.

In June of this year, the U.S. Supreme Court denied Newman’s petition for certiorari asking the Court to review the U.S. Court of Appeals for the D.C. Circuit’s decision affirming a district court’s dismissal of Newman’s case against Moore. Despite its holding, the D.C. Circuit noted in that decision that “Judge Newman has posed important and serious questions about whether these Judicial Conduct and Disability Act proceedings comport with constitutional due process principles and whether her ongoing suspension comports with the structure of our Constitution.”

Fitzgerald said in a press release issued Wednesday that Newman’s case “has exposed major flaws in the JCDA that warrant Congressional attention.”

He continued: “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 bill would also establish an objective standard of recusal from Judicial Conduct & Disability proceedings and create limited judicial review for challenging suspension orders.

In yesterday’s press release, federal judicial ethics expert Professor Arthur D. Hellman noted that the Act “was last amended almost a quarter of a century ago” and said that “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.”

In August, Representative Darrell Issa also introduced a bill to designate the main courtroom of the CAFC the “Pauline Newman Courtroom”.