Skip to main content
Rule of Law
No. 7: Judicial Transparency & Accountability

Proposing an amendment to the Constitution of the United States to establish a Judicial Conduct Commission with authority to receive complaints, investigate misconduct, discipline and remove federal judges, and maintain transparent public reporting on judicial conduct.

For experience has already shown that the impeachment it has provided is not even a scarecrow... The constitution, on this hypothesis, is a mere thing of wax in the hands of the judiciary, which they may twist, and shape into any form they please. It should be remembered, as an axiom of eternal truth in politics, that whatever power in any government is independent, is absolute also.

- Thomas Jefferson (Founder)

When this power is lodged in the hands of men independent of the people, and of their representatives, and who are not, constitutionally, accountable for their opinions, no way is left to controul them but with a high hand and an outstretched arm.

- Anti-Federalist (Brutus XV)

Why This Amendment?

Jefferson warned that impeachment is "not even a scarecrow"—a paper threat with no real teeth. He said that when judges answer to no one, "whatever power in any government is independent, is absolute also." The Anti-Federalists warned that when judges are "independent of the people" and "not constitutionally accountable for their opinions, no way is left to control them." Both warnings came true. Federal judges serve for life with almost no accountability.
  • Impeachment Does Not Work

    The Constitution says judges can be removed through impeachment. In 235 years, only 15 federal judges have been impeached, and only 8 removed. Congress is too busy, too partisan, and too slow to police thousands of judges. Impeachment was designed for extreme cases—not everyday misconduct.

  • Complaints Go Nowhere

    Citizens can file complaints against federal judges, but the system handles them internally. Judges investigate judges. Most complaints are dismissed without explanation. Complainants often never learn what happened.

  • No Real Discipline

    Even when misconduct is found, consequences are rare and weak. Judges receive private reprimands that the public never sees. There is no fine, no suspension, no meaningful penalty. Bad behavior continues.

  • No Transparency

    Complaints against judges are confidential. Proceedings are secret. Outcomes are hidden. Meanwhile, any lawsuit filed against a citizen is public record immediately—before any determination of merit. Judges get protection citizens do not.

  • Judges Judging Judges

    The current system lets the judiciary police itself. Chief judges handle complaints about their colleagues. There is no independent oversight. The foxes guard the henhouse.

Learn More 
The Full Text • Amendment VII

Judicial Transparency & Accountability

Each section shows the legal text and what it means in plain language. You don't need a law degree to understand what you're voting on.

Current status
Status Voting open
0 Verified votes cast
Judicial Conduct Commission

Legal text

  1. There shall be a Judicial Conduct Commission composed of nine members:
    (1) Two federal Inspectors General;
    (2) Two retired judges of the circuit courts of appeals;
    (3) Two justices of state supreme courts; and
    (4) Three lay citizens who have never practiced law or held judicial office.
  2. The Commission shall receive and investigate complaints against justices of the Constitutional Court, justices of the Supreme Court, and judges of the circuit courts of appeals and district courts.
  3. The Commission shall have authority to discipline or remove any federal judge for misconduct.
  4. No person may serve simultaneously on the Judicial Selection Commission and the Judicial Conduct Commission.

Plain Language

  1. There will be a Judicial Conduct Commission made up of nine members:
    (1) Two federal Inspectors General;
    (2) Two retired judges from the federal courts of appeals;
    (3) Two justices from state supreme courts;
    (4) Three regular citizens who have never been lawyers or judges.
  2. This Commission will receive and investigate complaints against justices of the Constitutional Court, justices of the Supreme Court, and judges from the federal courts of appeals and district courts.
  3. The Commission has the power to discipline or remove any federal judge if they commit misconduct.
  4. No one is allowed to serve on both the Judicial Selection Commission and the Judicial Conduct Commission at the same time.
Selection of Conduct Commission Members

Legal text

  1. The two Inspector General members shall be selected by the Council of Inspectors General on Integrity and Efficiency.
  2. The two retired circuit judge members shall be selected by the chief judges of the thirteen circuit courts of appeals, acting collectively. No person who has served on the Judicial Selection Commission may serve as a retired judge member of the Conduct Commission.
  3. The two state supreme court justice members shall be selected by the chief justices of the state supreme courts, organized into regions different from those used for selection of lay members of the Judicial Selection Commission.
  4. The three lay members shall be selected by the chief justices of the state supreme courts, organized into three regions, with each region’s chief justices selecting one lay member. These regions shall be different from those used for selection of lay members of the Judicial Selection Commission.

Plain Language

  1. The two Inspector General members will be chosen by the Council of Inspectors General on Integrity and Efficiency.
  2. The two retired federal appeals court judges will be chosen by the chief judges of the thirteen federal courts of appeals working together. Anyone who has served on the Judicial Selection Commission cannot serve as a retired judge member on the Conduct Commission.
  3. The two state supreme court justices will be chosen by the chief justices of the state supreme courts, divided into regions that are different from the regions used to choose lay members for the Judicial Selection Commission.
  4. The three regular citizen members will be chosen by the chief justices of the state supreme courts, divided into three regions. Each region’s chief justices will select one lay member. These regions must also be different from the ones used for choosing lay members of the Judicial Selection Commission.
Conduct Commission Terms

Legal text

  1. Members shall serve terms of four years. No person shall serve more than eight years total on the Commission.
  2. Terms shall be staggered such that no more than three members’ terms expire in any single year.
  3. Upon the initial constitution of the Commission, members shall be assigned initial terms of two, three, or four years by lottery to establish staggered terms. Thereafter, all terms shall be four years.
  4. A vacancy occurring before expiration of a term shall be filled for the remainder of that term by the same method used for the original appointment. Service of a partial term of two years or less shall not count toward the eight-year limit.

Plain Language

  1. Each member serves for four years. No one may serve more than eight total years on the Commission.
  2. The terms will be arranged so that no more than three members finish their terms in the same year.
  3. When the Commission is first formed, members will draw lots to decide who serves two, three, or four years, so the terms are staggered. After that, all new terms will last four years.
  4. If a member leaves before their term ends, a replacement will be chosen in the same way as the original member and will serve only the rest of that term. If that partial term is two years or less, it does not count toward the eight-year limit.
     
Conduct Commission Qualifications and Disqualifications

Legal text

  1. No person shall serve as a member of the Conduct Commission who:
    (1) Is a current elected official at any level of government;
    (2) Is a current registered lobbyist;
    (3) Has been employed by a political party committee within the ten years preceding appointment;
    (4) Has been a registered lobbyist within the ten years preceding appointment;
    (5) Is the spouse, parent, child, or sibling of any member of Congress or senior executive official;
    (6) Has received formal discipline from any court, bar association, or judicial conduct body at any time; or
    (7) Has been the subject of a complaint before any court, bar association, or judicial conduct body that was substantiated upon investigation within the twenty years preceding appointment.
  2. Each member shall file upon appointment, and annually thereafter, a disclosure statement including:
    (1) All assets, income, and debts;
    (2) All political donations made within the preceding ten years;
    (3) Employment history for the preceding ten years; and
    (4) The identity of any family member currently serving in federal, state, or local government.
  3. Disclosure statements shall be made available to the public.
     

Plain Language

  1. A person cannot serve on the Conduct Commission if they:
    (1) Are currently an elected official at any level of government;
    (2) Are currently a registered lobbyist;
    (3) Worked for a political party committee in the past ten years;
    (4) Were a registered lobbyist in the past ten years;
    (5) Are the spouse, parent, child, or sibling of a member of Congress or a senior executive official;
    (6) Have ever been formally disciplined by a court, bar association, or judicial conduct body;
    (7) Had a complaint against them that was investigated and proven true within the past twenty years.
  2. When appointed, and once every year after that, each member must file a public report listing:
    (1) Everything they own, earn, and owe;
    (2) All political donations they made in the past ten years;
    (3) Their work history for the past ten years;
    (4) Any close family member who is currently serving in federal, state, or local government.
  3. These reports must be made available for the public to see.
Conduct Commission Removal and Compensation

Legal text

  1. A member may be removed only for misconduct, incapacity, or failure to perform the duties of office.
  2. Removal shall require a vote of two-thirds of the Senate.
  3. Members shall receive compensation equal to the salary of a federal circuit court judge.

Plain Language

  1. A member can only be removed if they commit misconduct, are unable to do the job, or fail to carry out their duties.
  2. Removing a member requires approval by two-thirds of the Senate.
  3. Members will be paid the same salary as a federal circuit court judge.
     
Conduct Commission Procedures

Legal text

  1. Six members shall constitute a quorum for the conduct of business.
  2. The Commission shall establish rules and procedures for its operations, which shall be published for public comment for no fewer than sixty days before adoption and made publicly available upon adoption. Congress may disapprove any rule by vote of two-thirds of both the House of Representatives and the Senate.
  3. No member of the Commission shall participate in any proceeding involving a judge from the same state in which the member resides or has resided within the preceding ten years.
     

Plain Language

  1. At least six commissioners must be present in order for the Commission to conduct official business.
  2. The Commission must create clear rules for how it will operate. Before those rules are adopted, they must be published for the public to review and comment on for at least sixty days. Once adopted, the rules must be made public. Congress may block any rule if two-thirds of both the House and the Senate vote to disapprove it.
  3. A member of the Commission cannot take part in a case involving a judge from the same state where that member currently lives or has lived during the past ten years.
     
Complaints

Legal text

  1. Any person with direct knowledge of judicial misconduct may file a complaint with the Commission.
  2. Complaints must be filed within one year of the alleged misconduct.
  3. Complaints must be supported by evidence and submitted in writing.
  4. The Commission shall screen all complaints within thirty days of filing. Complaints determined to be frivolous or without evidentiary basis shall be dismissed.
  5. A complainant who files repeated frivolous complaints shall receive a warning. Upon subsequent frivolous filing, the complainant may be banned from filing further complaints and fined an amount determined by the Commission.

Plain Language

  1. Anyone who directly knows about judicial misconduct may file a complaint with the Commission.
  2. A complaint must be filed within one year of when the misconduct happened.
  3. The complaint must be in writing and include evidence to support the claim.
  4. The Commission must review every complaint within thirty days. If a complaint has no real evidence or is clearly baseless, it will be dismissed.
  5. If someone repeatedly files baseless complaints, they will first receive a warning. If they continue, they can be banned from filing more complaints and fined an amount set by the Commission.
Complaint Transparency

Legal text

  1. The Commission shall establish and maintain a publicly accessible database of judicial complaints, indexed by judge’s legal name and current judicial position, containing up-to-date records of the following for each judge:
    (1) Current total number of complaints filed;
    (2) Current total number of cases presided over, reported by case type (criminal, civil, family, and appellate);
    (3) Ratio of complaints to caseload, reported by case type;
    (4) Category of alleged misconduct for each complaint;
    (5) Court in which each complaint was filed;
    (6) Current status of each complaint; and
    (7) Outcome of each resolved complaint, including whether the complaint was: (i) dismissed as frivolous; (ii) dismissed after investigation with no wrongdoing found; (iii) substantiated, with any discipline imposed; or (iv) pending.
  2. The name of the accused judge shall not be made public upon filing. If the Commission opens an investigation, the judge’s name shall be added to the public record.
  3. If a complaint is dismissed as frivolous within the initial screening period, no further information shall be published.
  4. Upon imposition of any discipline, the full content and details of the complaint that resulted in discipline shall be made public.
  5. The database shall be searchable by judge name, court, category, date, outcome, caseload volume, and complaints-to-caseload ratio.
  6. The database shall be available at no cost to the public.

Plain Language

  1. The Commission must create and maintain a public online database of judicial complaints. It must be organized by each judge’s legal name and current position. For every judge, the database must show:
    (1) The total number of complaints currently filed.
    (2) The total number of cases the judge has handled, separated by criminal, civil, family, and appellate cases.
    (3) The ratio of complaints compared to the judge’s caseload, broken down by case type.
    (4) The category of alleged misconduct for each complaint.
    (5) The court where each complaint was filed.
    (6) The current status of each complaint.
    (7) The outcome of each resolved complaint, including whether it was dismissed as frivolous, dismissed after investigation with no wrongdoing found, substantiated with discipline imposed, or still pending.
  2. A judge’s name will not be made public when a complaint is first filed. If the Commission opens a formal investigation, the judge’s name will then be added to the public record.
  3. If a complaint is dismissed as frivolous during the initial screening, no additional details will be published.
  4. If discipline is imposed, the full complaint and details that led to the discipline must be made public.
  5. The database must be searchable by judge name, court, complaint category, date, outcome, caseload size, and complaint-to-caseload ratio.
  6. The database must be free for the public to use.
Categories of Misconduct

Legal text

  1. The Commission shall receive and investigate complaints in the following categories:
    (1) Bias;
    (2) Ethics violations;
    (3) Improper conduct;
    (4) Undue delay;
    (5) Abuse of discretion;
    (6) Discrimination; and
    (7) Other misconduct.
  2. A complaint alleging that a judge’s ruling was incorrect on the merits shall not be dismissed solely on that basis if the complaint also presents evidence of misconduct in categories listed in subsection (a).
     

Plain Language

  1. The Commission will accept and investigate complaints about judges in these areas:
    (1) Bias;
    (2) Violations of ethical rules;
    (3) Improper behavior;
    (4) Unreasonable delay in handling cases;
    (5) Abuse of judicial discretion;
    (6) Discrimination;
    (7) Other types of misconduct.
  2. A complaint cannot be dismissed just because it argues that a judge made the wrong decision. If the complaint also includes evidence of misconduct in one of the listed categories, it must still be considered.
Discipline

Legal text

  1. Upon finding misconduct, the Commission may impose the following discipline:
    (1) Public reprimand;
    (2) Fine;
    (3) Suspension from duties for a period determined by the Commission;
    (4) Mandatory training or education;
    (5) Referral for criminal prosecution; or
    (6) Removal from office.
  2. Removal from office shall require a vote of no fewer than six members of the Commission.
  3. Removal may be imposed for:
    (1) Criminal conviction of a felony;
    (2) Bribery or corruption;
    (3) A pattern of bias or discrimination;
    (4) Repeated ethics violations;
    (5) Failure to disclose conflicts of interest; or
    (6) Any single act of serious misconduct.
  4. A judge removed by the Commission shall be permanently barred from holding any federal judicial office.

Plain Language

  1. If the Commission finds that a judge committed misconduct, it may impose one of the following penalties:
    (1) A public reprimand;
    (2) A fine;
    (3) A suspension from judicial duties for a set period of time;
    (4) Required training or education;
    (5) Referral for criminal prosecution;
    (6) Removal from office.
  2. Removing a judge from office requires at least six members of the Commission to vote in favor of removal.
  3. A judge may be removed for:
    (1) Being convicted of a felony;
    (2) Bribery or corruption;
    (3) A pattern of bias or discrimination;
    (4) Repeated violations of ethics rules;
    (5) Failing to disclose conflicts of interest;
    (6) A single act of serious misconduct.
  4. A judge who is removed by the Commission is permanently barred from serving in any federal judicial position.
Annual Reporting

Legal text

  1. The Commission shall publish an annual report including:
    (1) Total complaints filed;
    (2) Complaints by category;
    (3) Complaints by court and circuit;
    (4) Disposition rates, including complaints dismissed, substantiated, and pending;
    (5) Average time to resolution;
    (6) Discipline imposed, by type; and
    (7) Comparison of complaint rates across courts and circuits.
  2. The annual report shall be made available to the public and transmitted to Congress.

 

 

Plain Language

  1. Each year, the Commission must publish a public report that includes:
    (1) The total number of complaints filed;
    (2) How many complaints were filed in each category;
    (3) How many complaints came from each court and circuit;
    (4) How complaints were resolved, including how many were dismissed, proven, or still pending;
    (5) The average amount of time it took to resolve complaints;
    (6) The types of discipline that were imposed;
    (7) A comparison of complaint rates across different courts and circuits.
  2. This annual report must be made available to the public and sent to Congress.
Complaint Database

Legal text

  1. The Commission shall establish and maintain a publicly accessible database containing:
    (1) All complaints that have proceeded to investigation;
    (2) Status of pending complaints;
    (3) Disposition of resolved complaints; and
    (4) Discipline imposed.
  2. The database shall be searchable by judge name, court, category, date, and outcome.
  3. The database shall be available at no cost to the public.

Plain Language

  1. The Commission must create and keep a public database that includes:
    (1) All complaints that moved forward to a full investigation;
    (2) The current status of complaints that are still pending;
    (3) The final results of complaints that have been resolved;
    (4) Any discipline that was imposed.
  2. The database must allow people to search by judge’s name, court, type of complaint, date, and outcome.
  3. The database must be free for the public to use.
Enforcement

Legal text

  1. The rights secured by this article are self-executing and shall not require enabling legislation to be enforceable.
  2. Congress shall have power to enforce this article by appropriate legislation.
  3. Any citizen of the United States shall have standing to bring suit in any federal court to enforce the provisions of this article.
  4. No State law or action inconsistent with this article shall have any force or effect.
  5. No provision of this article shall be construed to limit individual rights or remedies otherwise available under this Constitution or the laws of the United States.

Plain Language

  1. The amendment works on its own. The moment it becomes part of the Constitution, people can use it. Congress does not have to pass another law first to “turn it on.” If someone violates it, a court can enforce it right away.
  2. Congress has the power to pass laws to carry out and enforce this amendment.
  3. Any candidate or political party whose rights under this amendment are denied may file a lawsuit in federal court to ask a judge to stop the violation.
  4. Any State law or action that conflicts with this amendment has no legal effect.
  5. It does not take away any other rights people already have. It adds protections, but it does not reduce anything that already exists in the Constitution or other laws. If someone has another legal option to protect their rights, they can still use it.
Effective Date and Implementation

Legal text

  1. This article shall take effect immediately upon ratification.
  2. Congress shall provide for the funding necessary to implement this article through existing appropriations, budget reallocations, or reductions in other expenditures, and may not fund its implementation through fees, surcharges, or new taxes imposed on the general public. Nothing in this section shall be construed to prohibit Congress from adjusting tax policy applicable to higher‑income individuals or large corporations to meet these obligations.
  3. Within sixty days of ratification, the Council of Inspectors General on Integrity and Efficiency shall select Inspector General members, the chief judges of the circuit courts of appeals shall select retired judge members, and the chief justices of state supreme courts shall convene to select state justice members and lay members.
  4. Within ninety days of ratification, the Commission shall be fully constituted.
  5. Within one hundred eighty days of ratification, the Commission shall establish rules and procedures, the complaint database shall be operational, and the Commission shall begin receiving complaints.
  6. If any selecting body fails to choose members within sixty days, the chief justices of all state supreme courts, acting collectively, shall appoint temporary members from the appropriate category to serve until permanent members are selected.
  7. This article shall be inoperative unless ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within one year from the date of its submission to the States by the Congress.
     

Plain Language

  1. This amendment becomes active as soon as it is approved.
  2. Congress has to pay for this amendment by using money it already has, by moving money around in the budget, or by cutting other spending. It cannot pay for this by charging new fees or creating new taxes on regular people. But Congress is still allowed to change tax rules for people with higher incomes or big corporations if it needs to cover the cost.
  3. Within sixty days after the amendment is approved, the Council of Inspectors General on Integrity and Efficiency must choose the Inspector General members, the chief judges of the federal courts of appeals must choose the retired judge members, and the chief justices of the state supreme courts must meet to choose the state justice members and the lay members.
  4. Within ninety days after approval, the Commission must be fully formed.
  5. Within one hundred eighty days after approval, the Commission must create its rules and procedures, launch the public complaint database, and begin accepting complaints.
  6. If any group fails to choose its members within sixty days, the chief justices of all state supreme courts, working together, will appoint temporary members from the correct category until permanent members are selected.
  7. It only becomes part of the Constitution if enough states approve it. Three-fourths of the states must vote yes. If that does not happen within one year after Congress sends it to the states, then the amendment fails and does not take effect at all.
Log in to vote.

Provisional Voting

These options exist because some provisions in this amendment have more than one legitimate solution. The draft reflects what comparative research and international precedent suggest is the strongest approach — but reasonable people can disagree on implementation.

You get one vote per poll. You are not required to vote on any of them. Only vote if you believe the current draft language should change. If none of the listed options reflect your position, you can submit an alternative in the discussion below.

Log in to respond to provisional polls.

Questions and Consideration

This discussion space is limited to questions, suggestions, and substantive discussion directly related to the amendment proposal and its specific provisions. It is not a forum for general political advocacy, campaign messaging, misinformation, or self-promotion. All comments are moderated for relevance, accuracy, and compliance with the site’s participation standards. Comments that do not meet these requirements will be rejected. If a comment is rejected, the user will be notified and provided the reason for rejection.