Sec. 601. Improvements to judicial conduct and disability complaints process
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Section 358 of title 28, United States Code, is amended— by striking subsection
(a)and inserting the following: Each judicial council and the Judicial Conference shall prescribe rules for the conduct of proceedings under this chapter, including the processing of petitions for review that— ensure the independence, integrity, impartiality, and competence of proceedings under this chapter; ensure the greatest possible public confidence in proceedings under this chapter and maintain public confidence in the Federal judiciary; reflect that the judicial office is a position of public trust; and effectuate section 453 of this title and the requirements of the Judiciary Accountability Act of 2024 . ; in subsection (b)— in paragraph (2), by striking and at the end; in paragraph (3)— by inserting (with the right to be accompanied by counsel) after appear ; and by striking the period at the end and inserting ; and ; and by adding the following at the end: workplace misconduct, as defined in section 101 of the Judiciary Accountability Act of 2024 , constitutes a violation of this chapter. ; in subsection (c), in the first sentence— by striking notice and an opportunity and inserting notice, an opportunity ; and by inserting , and written explanation in the Federal Register before the period at the end; and by adding at the end the following: Not later than 180 days before the effective date of a rule prescribed under this section, the Chief Justice of the United States, or, if applicable, the chief judge of the relevant judicial council, shall transmit to Congress a copy of the proposed rule. The rule shall take effect unless otherwise provided by law. . Section 351 of title 28, United States Code, is amended— in subsection (b), by adding at the end the following: For purposes of this chapter, a complaint identified under this subsection shall be treated in the same manner as a complaint filed under subsection (a). ; by redesignating subsection
(d)as subsection (f); and by inserting after subsection
(c)the following: In the interests of the effective and expeditious administration of the business of the courts and on the basis of information available to the Judicial Conference of the United States, the Judicial Conference may, by written order stating reasons therefor, identify a complaint for purposes of this chapter and thereby dispense with filing of a written complaint. Upon identifying a complaint under this paragraph, the Judicial Conference shall refer the complaint in accordance with the transmittal procedures described in subsection (c). A complaint described in subsection
(a)made by a current or former covered employee, as defined in the Judiciary Accountability Act of 2024 , may be filed with the Judicial Conference of the United States. Upon receipt of a complaint filed under this subsection, the Judicial Conference of the United States shall transmit the complaint in accordance with subsection (c). . Section 355 of title 28, United States Code, is amended by adding at the end the following: If the Judicial Conference concurs in the determination of the judicial council, or makes its own determination, that taking an action as described in paragraphs (1)(C) and
(2)of section 354(a) is appropriate, the Judicial Conference shall submit to Congress the determination and the record of the proceedings. . Subsection (f)(1) of section 351 of title 28, United States Code, as redesignated by subsection
(b)of this section, is amended by striking or magistrate judge and inserting magistrate judge, or an individual who was such a judge at the time of the conduct described in a complaint . Chapter 16 of title 28, United States Code, is amended— in section 352, by adding at the end the following: The resignation, retirement from office under chapter 17, or death of a judge who is the subject of a complaint under section 351 shall not be grounds for— dismissing the complaint under subsection (b)(1); or concluding that action on the complaint is no longer necessary under subsection (b)(2). ; and in section 353, by adding at the end the following: The special committee shall complete its investigation and file a report under subsection
(c)without regard to the resignation, retirement from office under chapter 17, or death of the judge whose conduct is the subject of the complaint. . Section 354(a)(2)(A) of title 28, United States Code, is amended— in clause (i)— by inserting or subject to the completion of any corrective measures recommended by the judicial council after certain ; and by inserting , or that any current cases assigned to the judge be reassigned before the semicolon at the end; in clause (ii), by striking and at the end; in clause (iii), by striking the period at the end and inserting ; and ; and by adding at the end the following: in the case of a complaint based on workplace misconduct, ordering such action as the judicial council determines appropriate to protect employees from the workplace misconduct. . Section 361 of title 28, United States Code, is amended— by striking Upon and inserting the following: Upon ; and by adding at the end the following: Upon the request of a complainant under this chapter, the judicial council of a circuit may, if the complaint was not finally dismissed under section 354(a)(1)(B), recommend that the Director of the Administrative Office of the United States Courts award reimbursement, from funds appropriated to the Federal judiciary, for those reasonable expenses, including attorneys’ fees, incurred by that complainant during the investigation which would not have been incurred but for filing a complaint under this chapter. . Section 360 of title 28, United States Code, is amended— in subsection (a), in the matter preceding paragraph (1), by inserting and subsections
(c)and
(d)of this section after section 355 ; and by adding at the end the following: Not later than 30 days after a complaint is filed by a current or former covered employee, as defined in the Judiciary Accountability Act of 2024 , under section 351, the clerk of a court of appeals shall notify the Judicial Conference of such complaint. Each special committee appointed under section 353 shall submit to the Judicial Conference a copy of a report of the special committee under subsection
(c)of that section. To the extent practicable, a notification and report under this paragraph shall not include any personally identifying information except for the identity of the judge whose conduct is the subject of the complaint. The identity of the judge may be redacted only with the consent of the complainant. The Judicial Conference of the United States shall submit to Congress an annual report, signed by every member of the Executive Committee, that includes, with respect to complaints under this chapter for each judicial circuit during the previous 365-day period, the following information: The number, type, and disposition of such complaints. A description of actions taken under paragraph (1)(C) and
(2)of section 354(a). A description of voluntary remedial or corrective actions taken by judges subject to such complaints. Reports submitted under this paragraph may not contain the personally identifying information of a complainant or judge. Nothing in this chapter shall be construed to prevent a complainant or victim of judicial misconduct from disclosing any information related to the complaint. .