New bill would reform judicial misconduct proceedings in light of Moore-Newman fight

Representative Scott Fitzgerald (R-WI) has introduced a bill to amend the Judicial Conduct and Disabilities Act, inspired by Judge Pauline Newman of the U.S. Court of Appeals for the Federal Circuit (CAFC) 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 mandatory transfer requests for complaints against circuit court judges”, among other changes.

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

In June this year, the US Supreme Court rejected Newman’s petition for certiorari, asking the Court to review the US Court of Appeals for the DC Circuit’s decision affirming the district court’s dismissal of Newman’s case against Moore. Despite this, the DC Circuit noted in that decision that “Judge Newman raises important and serious questions about whether these judicial conduct and Americans with Disabilities Act proceedings are consistent with constitutional due process principles and whether his ongoing suspension is consistent with the structure of our Constitution.”

Fitzgerald said in a press release Wednesday that Newman’s case “Highlights major flaws in the JCDA that require Congress’s attention.”

He added: “For more than three years, Judge Newman has been unable to hear any cases while his case is pending. Meanwhile, the Chief Justice has refused to grant Judge Newman’s request to transfer the proceedings to another circuit despite clear bias in the Federal Circuit and has now denied his petition for judicial review. My bill will correct this injustice against Judge Newman and ensure that judges cannot be subject to indefinite suspension without due process.”

The bill would also establish an objective standard of judicial conduct and separation from disability proceedings and create limited judicial review to challenge suspension orders.

In yesterday’s press release, federal judicial ethics expert Professor Arthur D. Hellman noted that the Act “was last amended nearly a quarter-century ago” and added that “although the bill specifically responds to concerns about what Federal Circuit Judge Pauline Newman called ‘stealth impeachment,’ its provisions apply broadly and will serve the interests of judges and complainants alike.”

Newman’s attorneys at the National Civil Liberties Alliance (NCLA) said in an email sent to IPWatchdog today: “We welcome Congress’ attention to the problems highlighted by the Federal Circuit’s mistreatment of Judge Newman.”

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

This article was updated after publication to add NCLA’s statement.