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Federal Judicial Balance and Accountability Act

Implementation Timeline

Published February 2026

Based on Rev 2.2 of the Federal Judicial Balance and Accountability Act


Timeline Overview

The Federal Judicial Balance and Accountability Act (FJBAA), hereafter "the Act," unfolds across three phases spanning approximately fifteen years from the first appointment to steady-state operation. The Act distinguishes between two temporal anchors: enactment, which triggers preparatory work, and Year 1 of the Appointment Schedule, which begins the expansion and replacement cycle. Year 1 falls in the first year of the presidential term following enactment, ensuring that the appointing president and Senate have received a mandate from the electorate after the Act becomes law.

The phased approach serves critical purposes: it spreads appointment opportunities across multiple administrations, allows the judicial system to absorb changes incrementally, and demonstrates successful operation before reaching full implementation.

Phase Duration Key Milestone
Preparatory Phase Enactment through Year 1 Circuit boundary development, ethics infrastructure, transparency requirements binding
Phase One: Circuit Reorganization First January 1 at least 24 months after enactment New circuit structure operational
Phase Two: Court Expansion Years 1-11 Full 15-member Court achieved by Year 11
Phase Three: Three-Phase Career Structure Year 11+ Co-Chief Justice service begins Year 11; regular replacement begins Year 13
Vacancy Coverage and Appointment Equalization Year 1+ Vacancy coverage roster active upon first Senior Justice; equalization begins Year 21
Ethics Infrastructure Enactment through Year 15+ IG appointed within one year of enactment; Bridge Panel active until approximately Year 15
Legacy Opt-In Enactment+ Slot schedule published upon enactment; elections open immediately

Effective Date Architecture

Immediate Upon Enactment

Transparency requirements and slate-based nomination take effect. All provisions of Title III apply immediately to any Supreme Court justice nominated after the effective date. The slate-based nomination process (Section 202(a)) and Bloc STAR voting procedure (Section 202(b)) apply to all appointments under the Act, including expansion appointments. This includes:

  • Slate nomination requirement (minimum 2 nominees per position, maximum 2.5 per position rounded up; 2-3 nominees for single-position expansion appointments)
  • Bloc STAR voting procedure (senators score each nominee 0-5, aggregate scores determine selection)
  • Slate rejection authority (threshold determined by Senate rules)
  • Carryover nominee provisions (5-year eligibility, abbreviated hearings)
  • Documentation requirements (10 self-selected works of substantial legal analysis per nominee)
  • Six qualifying documentation pathways (judicial, scholarly, advocacy, legislative, executive, professional works)
  • Subject matter diversity requirement (3 of 6 specified areas)
  • Nominee statements (professional biography, 2,000-word judicial philosophy statement)
  • Public disclosure requirements (72 hours for documentation)
  • Senate Judiciary Committee completeness determination (14 days)
  • 21-day public review period before hearings commence
  • One full day of hearings per nominee (half-day for carryover nominees)
  • 120-day Senate consideration timeline (Bloc STAR vote or slate rejection)

Ethics provisions take effect. The Code of Conduct for United States Judges becomes binding on all Supreme Court justices. Mandatory recusal documentation requirements (Section 502) apply immediately to all justices.

Existing justices protected. Justices serving on the effective date may continue in active service indefinitely, voluntarily elect Senior Justice status at any time, or elect to enter the Act's career structure through the voluntary opt-in mechanism (Section 403(d)). No sitting justice is removed; no salary is reduced.

Administrative Office begins boundary development. The 180-day clock for circuit boundary proposals begins.

Appointment Schedule and opt-in slot schedule published. The Administrative Office publishes the Appointment Schedule for each justice position and the schedule of available Co-Chief Justice slots for legacy opt-in elections under Section 403(d).

Ethics infrastructure initiation. The process for establishing the Ethics Review Panel and appointing the Judicial Inspector General begins.

Within 180 Days of Enactment

Circuit boundary development complete. The Administrative Office of the United States Courts must:

  • Divide national population into fifteen approximately equal segments
  • Assign federal judicial districts to numbered regional circuits, prioritizing the assignment of all districts within a state to the same circuit; permitting division along federal judicial district boundaries where population equity within the tolerance band requires it
  • Ensure no circuit serves more than 110% or less than 90% of average population
  • Prioritize geographic contiguity where feasible
  • Submit proposed boundaries for Congressional review

Within One Year of Enactment

First Judicial Inspector General appointed. Per Section 508(d)(1):

  • Nominating Committee convenes (Comptroller General or designee, two retired circuit chief judges by lottery, ABA president or designee)
  • Committee identifies candidates meeting qualifications (15+ years Article III service or equivalent, no felony convictions, no political party leadership within 10 years, no close family relationship to sitting or recent justices)
  • Committee submits three candidates to the Ethics Review Panel (or Bridge Panel if Panel not yet constituted)
  • Panel selects Inspector General for ten-year non-renewable term

Bridge Panel constituted (if needed). If fewer than five Senior Justices are available:

  • Administrative Office maintains roster of eligible retired circuit chief judges (15+ years Article III service)
  • Clerk of the Supreme Court conducts public lottery to select Bridge Panel members
  • Bridge Panel members serve until Senior Justices become available or matters are resolved

First January 1 at Least 24 Months After Enactment

New circuit structure takes effect. The fifteen regional circuits become operational. This date allows:

  • 18+ months for courts, states, and practitioners to prepare
  • Time for additional circuit judge appointments
  • Orderly reassignment of existing judges by primary residence
  • Adjustment of case routing and administrative systems

Within 180 Days of Ethics Review Panel Achieving Quorum

Ethics Review Panel adopts initial rules of procedure. Per Section 508(d)(3), the Panel must adopt rules addressing:

  • Receiving and reviewing reports from the Inspector General
  • Providing respondent justices with notice and opportunity to be heard
  • Deliberation and decision-making procedures
  • Issuance and publication of decisions

Year 1 of the Appointment Schedule

Court expansion begins. The President submits the first nomination slate (2-3 nominees) and the Senate selects via Bloc STAR voting. Year 1 falls in the first year of the presidential term following enactment, ensuring:

  • The preparatory phase (circuit reorganization, ethics infrastructure) is complete or well underway
  • The appointing president and Senate have received a fresh electoral mandate
  • Expansion begins on a predictable biennial schedule aligned with odd-numbered years of the Appointment Schedule

Year 11 of the Appointment Schedule

Co-Chief Justice service begins. The first justices appointed under the expansion schedule commence their eleventh year of active service and automatically become Co-Chief Justices. This marks the beginning of the shared leadership model:

  • Co-Chief Justice status attaches automatically upon commencing year eleven
  • No separate nomination or confirmation required
  • Co-Chief Justices share administrative responsibilities pursuant to Judicial Conference rules
  • The President designates one Co-Chief Justice as Ceremonial Chief Justice
  • Upon completing year twelve, each justice transitions to Senior Justice status

Year 13 of the Appointment Schedule

Regular replacement schedule begins. The most senior justices appointed under the expansion schedule complete their Co-Chief Justice terms and transition to Senior Justice status, creating the first regular replacement vacancies. From this point forward:

  • Justices transition from Co-Chief Justice to Senior Justice each odd-numbered year of the Appointment Schedule
  • The appointment equalization mechanism (Section 202(d)) ensures each presidential term includes exactly five appointment opportunities once steady state is reached (Year 21)
  • The vacancy coverage roster begins receiving expansion-appointed Senior Justices

Transition period for Title V ends (approximately). When five justices appointed under the expansion schedule have transitioned to Senior Justice status, the Bridge Panel mechanism is no longer needed:

  • Ethics Review Panel consists entirely of Senior Justices
  • En Banc Senior Body has sufficient membership for full appellate review
  • Bridge Panel members complete service on any pending matters

Preparatory Phase: Enactment Through Year 1

The preparatory phase begins upon enactment and continues until Year 1 of the Appointment Schedule. The duration of this phase depends on when during the presidential term the Act is enacted, but the Act guarantees at least the remainder of the enacting presidential term for preparation. Early enactment provides more preparation time; later enactment compresses the preparatory phase but still ensures all critical infrastructure is operational before expansion appointments begin.

Upon Enactment

  • Transparency requirements and slate-based nomination process apply to all future Supreme Court nominations
  • Code of Conduct becomes binding on Supreme Court justices
  • Mandatory recusal documentation requirements take effect
  • Administrative Office begins circuit boundary development
  • Administrative Office publishes Appointment Schedule and Co-Chief Justice slot schedule for legacy opt-in
  • Existing justices may voluntarily elect Senior Justice status or file opt-in elections under Section 403(d)
  • Ethics infrastructure establishment begins

Boundary Development and Ethics Setup (First 180 Days)

  • Administrative Office analyzes census data and population distribution at the federal judicial district level
  • Draft boundaries developed using federal judicial districts as building blocks, prioritizing state unity and equal population with geographic contiguity
  • Stakeholder consultation with federal courts, state governments, bar associations
  • Circuit boundary proposal completed within 180 days
  • Nominating Committee for Judicial Inspector General convenes
  • Bridge Panel roster compiled by Administrative Office

Continued Preparation (180 Days Through One Year)

  • Congressional review of proposed boundaries
  • Federal courts begin transition planning
  • Circuit judge vacancy assessment conducted
  • Appropriations process for implementation costs
  • Inspector General nomination process continues
  • Bridge Panel lottery conducted if needed
  • First Judicial Inspector General appointed (deadline: one year after enactment)
  • Office of the Judicial Inspector General established

Pre-Appointment Readiness (One Year After Enactment Through Year 1)

  • Additional circuit judge nominations as needed (minimum six per regional circuit)
  • Court administrative systems updated for new circuit structure
  • Case routing procedures revised
  • Judicial reassignment notifications issued based on primary residence
  • Inspector General office fully operational
  • Complaint intake procedures established
  • Ethics Review Panel (or Bridge Panel) adopts initial rules of procedure
  • All systems ready for circuit reorganization

Circuit Reorganization

On the first January 1 falling at least 24 months after enactment:

  • Fifteen regional circuits become operational
  • Federal judicial districts assigned to regional circuits per approved boundary plan
  • Appeals proceed to appropriate regional circuits
  • D.C. Circuit and Federal Circuit continue unchanged

Phase Two: Court Expansion (Years 1-11)

Court expansion proceeds gradually with one additional Associate Justice appointed each odd-numbered year of the Appointment Schedule. This distributes appointments across multiple administrations and prevents any single president from dominating the expanded Court.

Expansion Schedule

Year of Appointment Schedule Appointment Court Composition Presidential Term
Year 1 1st expansion 10 members 1st term after enactment
Year 3 2nd expansion 11 members 1st term after enactment
Year 5 3rd expansion 12 members 2nd term after enactment
Year 7 4th expansion 13 members 2nd term after enactment
Year 9 5th expansion 14 members 3rd term after enactment
Year 11 6th expansion 15 members (full composition) 3rd term after enactment

Expansion Phase Characteristics

Distributed appointment opportunities. Expansion appointments are distributed across at least three different presidential terms. No single president receives more than two expansion appointments unless they serve multiple terms.

Transparency requirements and slate process apply throughout. Every expansion appointment uses the slate-based process: the President submits a nomination slate (2-3 nominees for single-position expansion appointments), and the Senate selects via Bloc STAR voting. Each nominee must satisfy Title III requirements: 10 self-selected works of substantial legal analysis across six qualifying pathways, subject matter diversity, mandatory nominee statements, and 120-day Senate consideration timeline. Carryover nominees from prior slates may appear on subsequent expansion slates for up to five years from original documentation submission, with abbreviated half-day hearings.

Existing justices unaffected by career structure. Justices serving before the Act's effective date continue in active service. They are not subject to the three-phase career structure unless they elect opt-in under Section 403(d). Legacy Associate Justices who file opt-in elections are assigned to available Co-Chief Justice slots and transition according to their assigned schedule.

Legacy Chief Justice transition period. Until Co-Chief Justice service begins in Year 11, the Chief Justice serving on the effective date (the "Legacy Chief Justice") continues in that capacity, retaining all ceremonial functions and administrative authority. Once justices appointed under the Act reach their eleventh year and become Co-Chief Justices, they share administrative duties with the Legacy Chief Justice pursuant to Judicial Conference rules. The Legacy Chief Justice is not subject to the twelve-year active service limit and retains the title "Chief Justice of the United States" throughout their tenure. Upon the Legacy Chief Justice vacating office, the President designates a Ceremonial Chief Justice from among the serving Co-Chief Justices. If no Co-Chief Justice is serving when the Legacy Chief Justice vacates office, the President designates a Chief Justice from among sitting Associate Justices, subject to Senate confirmation, to serve until a justice appointed under the Act commences Co-Chief Justice service.

Vacancy coverage available. If any existing justice voluntarily elects Senior Justice status or an opt-in justice transitions, they become eligible for the vacancy coverage roster. Unexpected vacancies during the expansion phase are covered by Senior Justice rotation rather than additional presidential appointments.

Ethics enforcement operational throughout. The Inspector General receives and investigates complaints. The Ethics Review Panel (supplemented by Bridge Panel as needed) adjudicates findings and imposes sanctions.


Phase Three: Three-Phase Career Structure and Regular Replacement (Year 11+)

Beginning eleven years after the first expansion appointment, the three-phase career structure becomes fully operational. Each justice progresses through Associate Justice (years 1-10), Co-Chief Justice (years 11-12), and Senior Justice (year 13+).

Co-Chief Justice Service and Replacement Schedule

Year of Appointment Schedule Event Notes
Year 11 1st Co-Chief Justice cohort Justice appointed Year 1 becomes Co-Chief Justice (year 11)
Year 12 Co-Chief service continues Justice appointed Year 1 serves year 12 as Co-Chief Justice
Year 13 1st replacement; 2nd Co-Chief cohort Justice appointed Year 1 transitions to Senior Justice; Justice appointed Year 3 becomes Co-Chief Justice (year 11)
Year 14 Co-Chief service continues Justice appointed Year 3 serves year 12 as Co-Chief Justice
Year 15 2nd replacement; 3rd Co-Chief cohort Justice appointed Year 3 transitions to Senior Justice; Justice appointed Year 5 becomes Co-Chief Justice (year 11)
Year 16 Co-Chief service continues Justice appointed Year 5 serves year 12 as Co-Chief Justice
Year 17 3rd replacement; 4th Co-Chief cohort Justice appointed Year 5 transitions to Senior Justice; Justice appointed Year 7 becomes Co-Chief Justice (year 11)
Year 19 4th replacement; 5th Co-Chief cohort Justice appointed Year 7 transitions to Senior Justice; Justice appointed Year 9 becomes Co-Chief Justice (year 11)
Year 21 5th replacement; 6th Co-Chief cohort Justice appointed Year 9 transitions to Senior Justice; Justice appointed Year 11 becomes Co-Chief Justice (year 11)
Year 23 6th replacement Justice appointed Year 11 transitions to Senior Justice
Year 25+ Continuing cycle Pattern continues indefinitely; appointment equalization ensures 5 per presidential term

Ethics Infrastructure Maturation

Year of Appointment Schedule Ethics Milestone Notes
Year 13 1st Senior Justice from expansion First justice appointed under Act reaches Senior Justice status
Year 15 2nd Senior Justice from expansion Two expansion-appointed Senior Justices available
Year 17 3rd Senior Justice from expansion Three expansion-appointed Senior Justices available
Year 19 4th Senior Justice from expansion Four expansion-appointed Senior Justices available
Year 21 5th Senior Justice from expansion; Transition period ends Five expansion-appointed Senior Justices available; Bridge Panel no longer needed for Panel quorum
Year 23+ Steady state Ethics Review Panel consists entirely of Senior Justices

Steady-State Characteristics

Predictable presidential opportunities. Beginning in Year 21 of the Appointment Schedule, each four-year presidential term includes exactly five appointment opportunities. The appointment equalization mechanism (Section 202(d)) ensures this even distribution by redistributing appointments when the biennial schedule produces asymmetric clustering. The President submits nomination slates with the appropriate number of nominees (minimum two per position, maximum 2.5 per position rounded up), and the Senate selects via Bloc STAR voting.

Three-phase career structure. Each justice serves through three distinct phases:

  • Associate Justice (Years 1-10): Hearing and deciding cases, full participation in Court deliberations
  • Co-Chief Justice (Years 11-12): Sharing administrative leadership of the Court and federal judiciary, with one designated as Ceremonial Chief Justice
  • Senior Justice (Year 13+): Reduced-duty status with full Article III protections and life tenure; eligible for Ethics Review Panel service and vacancy coverage rotation

Two-year Co-Chief Justice terms. Each justice serves as Co-Chief Justice for their final two years of active service (years eleven and twelve). Multiple Co-Chief Justices serve simultaneously, sharing administrative responsibilities pursuant to Judicial Conference rules. This provides sufficient time for administrative leadership while diffusing power that would otherwise concentrate in a single individual.

Ceremonial Chief Justice designation. The President designates one Co-Chief Justice to exercise constitutionally specified ceremonial functions -- presiding over presidential impeachment trials, administering the presidential oath of office -- for renewable two-year terms.

Every justice serves as Co-Chief Justice. Under the automatic eligibility system, every justice who completes a full term serves as Co-Chief Justice. The position becomes a capstone to distinguished service rather than a selective appointment based on presidential preference and actuarial chance.

Vacancy coverage. When unexpected vacancies occur during a justice's active service, Senior Justices fill the vacant seat through a random lottery rotation system per October Term. Vacancies do not create additional presidential appointment opportunities. The vacancy coverage roster grows as more Senior Justices accumulate, strengthening the system's capacity over time.

Senior Justice status preserves Article III protections. Transitioning justices retain full constitutional protections, salary, benefits, and life tenure. They may continue hearing cases, sit on circuit courts by designation, serve on the Ethics Review Panel, participate in vacancy coverage rotation, or decline discretionary assignments without penalty.

Voluntary early transition permitted. Any justice may elect Senior Justice status before completing ten years as Associate Justice, forgoing service as Co-Chief Justice and creating an immediate vacancy handled through Section 205. This provides flexibility while maintaining the regular schedule as the default.

Ethics enforcement at full capacity. With multiple Senior Justices available, the Ethics Review Panel operates with full Senior Justice membership. The En Banc Senior Body provides robust appellate review capacity. The Inspector General continues with ten-year terms providing institutional stability.

Circuit compliance maintained through structured assessment. The Administrative Office conducts population compliance assessments on a five-year cycle -- authoritative assessments within one year of each decennial census and interim assessments at the midpoint using American Community Survey data. A tiered response framework ensures circuit boundaries remain population-balanced: zero to one circuits outside the tolerance band requires no action; two circuits triggers contingency planning; three or more triggers mandatory rebalancing. If population growth eventually renders boundary adjustment insufficient, the Administrative Office reports to Congress for potential circuit count adjustment.


Sequencing Requirements

Certain provisions must occur in sequence; others may proceed in parallel.

Sequential Dependencies

  1. Boundary development must precede circuit reorganization. The Administrative Office must complete population-based boundary proposals before new circuits can take effect.

  2. Circuit reorganization provides basis for Court expansion. The principled justification for fifteen Associate Justices -- one per regional circuit -- requires the circuit structure to be established or underway before expansion begins.

  3. Expansion must precede regular replacement. The twelve-year clock for Senior Justice transition begins only for justices appointed under the expansion schedule. Regular replacement cannot begin until at least twelve years after the first expansion appointment.

  4. Expansion must precede Co-Chief Justice service. The eleven-year clock for Co-Chief Justice status begins only for justices appointed under the expansion schedule. Co-Chief Justice service cannot begin until at least eleven years after the first expansion appointment.

  5. Co-Chief Justice term precedes Senior Justice transition for each justice. Each justice becomes Co-Chief Justice upon commencing year eleven, then transitions to Senior Justice upon completing year twelve. The Co-Chief Justice term immediately precedes the Senior Justice transition.

  6. Senior Justices must exist before vacancy coverage can operate. The vacancy coverage roster consists of Senior Justices. Until at least one justice has transitioned to Senior Justice status (whether through the career structure, voluntary election, or legacy opt-in), no vacancy coverage rotation is possible.

  7. Inspector General appointment before full ethics operations. While the Code of Conduct becomes binding immediately, investigation and adjudication of complaints requires the Inspector General to be appointed and the Ethics Review Panel (or Bridge Panel) to be constituted.

  8. Expansion-appointed Senior Justices must accumulate before Bridge Panel can retire. The transition period for Title V ends only when five justices appointed under the expansion schedule have reached Senior Justice status, ensuring the Ethics Review Panel can function without Bridge Panel supplementation.

Parallel Tracks

  • Transparency requirements, slate process, and circuit reorganization proceed independently. Title III and the slate-based nomination provisions apply immediately while Title I phases in over the preparatory period.

  • Ethics enforcement and circuit reorganization proceed independently. Title V takes effect immediately while Title I phases in over the preparatory period.

  • Circuit judge appointments and Supreme Court expansion may proceed in parallel. Additional circuit judges for the reorganized circuits do not depend on Supreme Court composition.

  • Existing justice decisions are independent. Sitting justices may voluntarily elect Senior Justice status at any time, or file opt-in elections under Section 403(d), without affecting the expansion or replacement schedule. Vacated seats are handled through Section 205 vacancy coverage.

  • Inspector General appointment and circuit boundary development may proceed in parallel. Both occur within the first year of enactment but do not depend on each other.

  • Legacy opt-in elections and expansion appointments proceed independently. Legacy justices may file elections at any time; their transitions are scheduled according to available Co-Chief Justice slots and do not affect the biennial expansion schedule.


Institutional Requirements

Administrative Office Responsibilities

  • Develop population-based circuit boundaries using federal judicial districts as building blocks within 180 days of enactment
  • Conduct population compliance assessments at two intervals: authoritative assessment within one year of each decennial census, interim assessment at the approximate midpoint using American Community Survey five-year estimates
  • Prepare contingency boundary proposals when two circuits fall outside the tolerance band (advisory status)
  • Initiate mandatory boundary adjustment proceedings when three or more circuits fall outside the tolerance band
  • Report to Congress when boundary adjustments alone cannot restore compliance, with analysis of minimum additional circuits required
  • Coordinate judicial reassignments based on primary residence
  • Assess circuit judge staffing needs
  • Publish and maintain the Appointment Schedule for each justice position
  • Publish and maintain the schedule of available Co-Chief Justice slots for legacy opt-in elections
  • Process legacy opt-in elections and assign justices to slots per Section 403(d)
  • Maintain the vacancy coverage roster and conduct random lotteries per Section 205
  • Maintain roster of eligible retired circuit chief judges for Bridge Panel
  • Support Ethics Review Panel administrative functions
  • Report annually to the Judicial Conference on vacancy coverage system operations

Senate Judiciary Committee

  • Determine completeness of nomination documentation for each nominee on a slate within 14 days
  • Make all documentation publicly available within 72 hours of receipt
  • Conduct hearings after 21-day public review period (one day per nominee; half-day for carryover nominees)
  • Facilitate Bloc STAR voting or slate rejection within 120 days of completeness determination
  • Process increased nomination volume during expansion phase (multiple nominees per slate)

Office of the Judicial Inspector General

  • Receive and review complaints against Supreme Court justices
  • Conduct preliminary review (60-day timeline)
  • Investigate complaints surviving preliminary review
  • Prepare written reports for Ethics Review Panel
  • Maintain confidentiality per Section 505(e)
  • Refer potential criminal conduct to Department of Justice
  • Submit annual reports to Ethics Review Panel and Congress
  • Appoint and supervise staff

Ethics Review Panel

  • Adopt rules of procedure within 180 days of achieving quorum
  • Receive and review Inspector General reports
  • Adjudicate ethics complaints with due process protections
  • Impose appropriate sanctions (majority vote for lesser sanctions; 4/5 for serious sanctions)
  • Refer appropriate matters to House for impeachment consideration
  • Select Judicial Inspector General from Nominating Committee candidates
  • Remove Inspector General only for cause by unanimous vote

Nominating Committee for Inspector General

  • Comptroller General (or designee)
  • Two retired circuit chief judges (selected by lottery)
  • ABA president (or designee)

Convenes to identify and submit three qualified candidates when Inspector General position becomes vacant.

Appropriations Requirements

Section 404 authorizes appropriations for:

  • Additional judicial salaries and benefits (circuit judges, expanded Supreme Court)
  • Court facilities and administrative costs
  • Circuit reorganization implementation
  • Enhanced transparency, documentation review, and slate evaluation processes
  • Operations of the Office of the Judicial Inspector General and Ethics Review Panel

Transition Provisions

Existing Supreme Court Justices

Justices serving on the effective date:

  • May continue in active service indefinitely
  • May voluntarily elect Senior Justice status at any time
  • May elect to enter the career structure through the voluntary opt-in mechanism (Section 403(d))
  • Are not subject to the three-phase career structure unless they elect opt-in
  • Are not subject to automatic Co-Chief Justice service unless they elect opt-in
  • Retain all constitutional protections and benefits regardless of election
  • Are bound by the Code of Conduct (Section 501)
  • Are subject to mandatory recusal documentation requirements (Section 502)
  • May be subject to ethics complaints and sanctions under Title V
  • Upon electing Senior Justice status (whether directly or through opt-in completion), become eligible for vacancy coverage roster

Legacy Chief Justice

The Chief Justice serving on the effective date ("Legacy Chief Justice"):

  • Continues in that capacity, retaining all ceremonial functions and administrative authority, until death, voluntary retirement, or removal
  • Is not subject to the twelve-year active service limit or the Co-Chief Justice structure
  • Retains the title "Chief Justice of the United States" throughout their tenure
  • Shares administrative duties with Co-Chief Justices appointed under the Act as they reach their eleventh year of service, pursuant to Judicial Conference rules
  • Is excluded from the legacy opt-in mechanism (Section 403(d)); status governed exclusively by Section 204(c)
  • Upon vacating office, the President designates a Ceremonial Chief Justice from among serving Co-Chief Justices
  • If no Co-Chief Justice is serving when the Legacy Chief Justice vacates office, the President designates a Chief Justice from among sitting Associate Justices, subject to Senate confirmation

Co-Chief Justice and Ceremonial Chief Justice Incapacity or Vacancy

Once the Co-Chief Justice model is operational:

  • If the Ceremonial Chief Justice is temporarily unable to perform ceremonial duties, the Co-Chief Justice with the longest tenure in active service serves as Acting Ceremonial Chief Justice
  • If only one Co-Chief Justice is serving, that justice exercises all functions of the Ceremonial Chief Justice until a second Co-Chief Justice commences service
  • If no Co-Chief Justice is serving, transition period provisions apply
  • Upon termination of a ceremonial designation (two-year term expiration, transition to Senior Justice, death, removal, or incapacity), the President designates a successor from among serving Co-Chief Justices within thirty days

Existing Circuit Judges

Circuit judges serving when reorganization takes effect:

  • Are reassigned to the regional circuit encompassing their primary residence
  • Maintain their Article III status and tenure
  • Continue hearing cases in their reassigned circuit
  • May request senior status under existing 28 U.S.C. Section 371 provisions

Pending Cases

  • Cases pending in circuit courts continue in the newly designated circuit
  • No disruption to ongoing proceedings
  • Appeals filed after circuit reorganization takes effect proceed to the appropriate regional circuit

Bridge Panel Transition

During the transition period (until five expansion-appointed justices reach Senior Justice status):

  • Bridge Panel members (retired circuit chief judges selected by lottery) supplement available Senior Justices
  • Bridge Panel members serve until Senior Justices become available or matters are resolved
  • Bridge Panel members have full powers for Title V purposes
  • Bridge Panel members may not participate in matters under other Titles of the Act
  • Justices who voluntarily elect Senior Justice status may serve on Ethics Review Panel (with recusal for matters involving former colleagues)

Inspector General Transition

  • First Inspector General must be appointed within one year of effective date
  • Until Inspector General is appointed, existing Office of Inspector General for the Administrative Office may receive complaints but may not investigate or conduct preliminary review
  • Inspector General serves ten-year non-renewable term
  • Subsequent Inspector Generals appointed through same Nominating Committee process when terms expire or vacancies occur

Flexibility and Firm Dates

Firm Requirements

  • 180-day boundary development deadline: Statutory requirement from enactment, not discretionary
  • 24-month minimum before circuit reorganization: Ensures adequate preparation from enactment
  • Year 1 appointment anchored to following presidential term: First expansion appointment occurs in the first year of the presidential term following enactment
  • 10-year Associate Justice term: Defines when Co-Chief Justice transition occurs
  • 11-year active service before Co-Chief Justice status: Defines when automatic Co-Chief Justice eligibility attaches
  • 12-year active service before Senior Justice transition: Defines replacement schedule
  • 2-year Co-Chief Justice term: Years eleven and twelve of active service
  • Biennial appointments in odd-numbered years of the Appointment Schedule: Creates predictable biennial schedule
  • Appointment equalization: Five appointments per presidential term beginning Year 21
  • Vacancy coverage by lottery: Random lottery per October Term for vacancy assignments; no additional presidential appointments
  • 60-day opt-in assignment notification: Administrative Office notifies electing justices within 60 days
  • Slate nomination requirement: Minimum 2 nominees per position, maximum 2.5 per position rounded up; 2-3 nominees for single-position expansion appointments
  • Bloc STAR voting: Senators score each nominee 0-5; aggregate scores determine selection
  • Slate rejection resubmission: President must submit new slate within 30 days; rejected nominees excluded from immediately subsequent slate
  • Carryover eligibility: 5 years from original documentation submission; abbreviated half-day hearings
  • 10-work documentation requirement: Self-selected works ensuring curated evaluable record
  • 21-day public review period: Minimum time after completeness certification before hearings commence
  • 14-day completeness determination: Senate Judiciary Committee deadline
  • 120-day Senate consideration: Prevents indefinite obstruction; applies to Bloc STAR vote or slate rejection
  • One-year deadline for first Inspector General: Ensures ethics infrastructure operational early
  • 180-day deadline for Panel rules of procedure: Ensures adjudication capacity once Panel constituted
  • 60-day preliminary review deadline: Ensures timely processing of complaints
  • 90-day en banc decision deadline: Ensures timely resolution of appeals
  • 10-year Inspector General term: Provides institutional stability and independence

Flexible Elements

  • Specific circuit boundaries: Administrative Office has discretion within population equality constraints
  • Timing of individual appointments within year: President determines nomination timing within the designated year
  • Ceremonial Chief Justice designation: President selects which Co-Chief Justice exercises ceremonial functions
  • Division of Co-Chief Justice administrative duties: Judicial Conference establishes rules for sharing responsibilities
  • Voluntary early Senior Justice transition: Any justice may transition before completing the full career structure
  • Legacy opt-in elections: Existing justices choose whether and when to file elections; no deadline other than slot expiration
  • Additional circuit judges: Number determined by workload assessment, minimum of six per circuit
  • Bridge Panel size: Varies based on Senior Justice availability; lottery fills positions as needed
  • Timing of ethics complaints: Any person may file at any time; congressional complaints proceed without preliminary review
  • Slate composition: President has full discretion over which nominees appear on the slate, subject to minimum/maximum sizing
  • Slate rejection threshold: Senate determines threshold under its constitutional rulemaking authority
  • Carryover nominee inclusion: Presidential discretion whether to include eligible carryover nominees on subsequent slates
  • Documentation pathway selection: Nominees may satisfy requirements through any combination of six qualifying pathways

Summary Timeline

Milestone Trigger
Transparency requirements, slate-based nomination, and Code of Conduct binding; Appointment Schedule and opt-in slot schedule published Upon enactment
Circuit boundary development complete Within 180 days of enactment
First Inspector General appointed; Bridge Panel available Within one year of enactment
Circuit reorganization effective First January 1 at least 24 months after enactment
First expansion appointment (slate-based nomination with Bloc STAR voting) Year 1 of the Appointment Schedule
Second expansion appointment Year 3
Third expansion appointment Year 5
Fourth expansion appointment Year 7
Fifth expansion appointment Year 9
Sixth expansion appointment; full composition achieved; Co-Chief Justice service begins; first Inspector General term expires (if appointed within one year of enactment) Year 11
Regular replacement schedule begins; first expansion-appointed Senior Justices; vacancy coverage roster begins receiving expansion appointees Year 13
Fifth expansion-appointed Senior Justice; Bridge Panel transition ends; appointment equalization approaching steady state Year 21
Predictable appointments (5 per presidential term), shared Co-Chief Justice leadership, vacancy coverage, ethics enforcement, and structured compliance assessments continue indefinitely Year 23+

Illustrative Example

If the Act is enacted during the presidential term beginning in January 2029, Year 1 of the Appointment Schedule would fall in 2033 -- the first year of the following presidential term. Under this scenario, the preparatory phase would span 2029-2032 (circuit boundary development, ethics infrastructure, transition planning), and the expansion schedule would proceed: 2033, 2035, 2037, 2039, 2041, 2043. Co-Chief Justice service would begin in 2043 (Year 11), regular replacement in 2045 (Year 13), and steady-state operations by 2053 (Year 21). If enacted during a different presidential term, all dates shift accordingly while the internal structure remains identical.


Revision History

Revision 2.2 (Current) - Restructured entire document to eliminate hard-coded calendar dates in favor of enactment-relative and Appointment Schedule-relative milestones - Separated timeline into two temporal anchors: "Upon Enactment" (triggers preparatory work) and "Year 1 of the Appointment Schedule" (begins expansion cycle, anchored to first year of the presidential term following enactment) - Replaced "Phase One: Circuit Reorganization (2026-2028)" with "Preparatory Phase: Enactment Through Year 1" to reflect flexible timing - Replaced all calendar year references in tables and prose with Appointment Schedule year references - Updated Timeline Overview table for new phase structure - Updated Effective Date Architecture to use enactment-relative milestones - Updated Expansion Schedule table with Appointment Schedule years and presidential term references - Updated Co-Chief Justice Service and Replacement Schedule table with Appointment Schedule year references - Updated Ethics Infrastructure Maturation table with Appointment Schedule year references - Updated Summary Timeline table to use milestone/trigger format instead of date/milestone format - Added Illustrative Example section showing how the date-independent framework maps to a specific enactment scenario - Updated Firm Requirements: replaced calendar-anchored language with Appointment Schedule-anchored language; added "Year 1 appointment anchored to following presidential term" - Removed "odd-numbered year appointments" from Firm Requirements (replaced with "biennial appointments in odd-numbered years of the Appointment Schedule") - Updated all Phase Two and Phase Three prose to use Appointment Schedule year references - Updated Preparatory Phase to describe flexible duration depending on enactment timing - Updated reference line to reflect FJBAA Rev 2.2 - Updated boundary development sections to reference federal judicial districts as building blocks and preference-with-exception structure for state unity - Updated Administrative Office Responsibilities to include five-year compliance assessment cycle (authoritative and interim assessments), tiered response framework duties, and circuit count adjustment reporting - Added "Circuit compliance maintained through structured assessment" to Steady-State Characteristics describing five-year assessment cycle, tiered response framework, and circuit count adjustment mechanism - Updated Summary Timeline steady-state entry to include structured compliance assessments - No substantive policy changes; all institutional mechanisms, sequencing requirements, transition provisions, and flexible/firm elements preserved from Rev 2.1

Revision 2.1 - Updated reference line to reflect FJBAA Rev 2.1 - Updated "Immediate Upon Enactment" section to include slate-based nomination process (Section 202(a)) and Bloc STAR voting (Section 202(b)) as immediately effective for all appointments - Updated documentation requirements: 50 works changed to 10 self-selected works; 5,000-word philosophy statement changed to 2,000 words; 45-day deliberation period changed to 21-day public review period - Added slate sizing parameters: minimum 2 per position, maximum 2.5 rounded up; 2-3 for single-position expansion appointments - Added carryover nominee provisions: 5-year eligibility, abbreviated half-day hearings - Updated Phase One Q1 to include slate-based nomination process - Updated Phase Two first expansion appointment to reference slate process and Bloc STAR voting - Updated Expansion Phase Characteristics for slate-based process throughout expansion - Updated Senate Judiciary Committee responsibilities for slate evaluation (one day per nominee, half-day for carryover nominees, Bloc STAR facilitation) - Updated Firm Requirements: added slate nomination, Bloc STAR voting, slate rejection resubmission, carryover eligibility, updated documentation from 50 to 10 works, updated deliberation from 45 to 21 days - Updated Flexible Elements: added slate composition, slate rejection threshold, carryover nominee inclusion - Updated Steady-State Characteristics for slate-based selection process - Updated Parallel Tracks to include slate process as independent parallel track - Updated Summary Timeline for slate-based first expansion appointment - Updated Appropriations Requirements for slate evaluation processes - Updated publication date to February 2026

Revision 2.0 - Updated reference line to reflect FJBAA Rev 2.0 - Added Vacancy Coverage and Appointment Equalization row to Timeline Overview table - Added Legacy Opt-In row to Timeline Overview table - Updated Effective Date Architecture: added Appointment Schedule and opt-in slot publication, updated existing justice options for opt-in election - Rewrote "Eleven Years" milestone for Co-Chief Justice model (automatic eligibility, shared leadership, Ceremonial Chief Justice designation) - Rewrote "Twelve Years" milestone: corrected steady-state appointment count to five per presidential term via appointment equalization - Updated Phase One Q1 for opt-in slot publication and legacy elections - Rewrote Phase Two transition provisions: Legacy Chief Justice model (retains authority, shares duties with Co-Chiefs); legacy opt-in transitions; vacancy coverage availability - Rewrote Phase Three: Co-Chief Justice Service and Replacement Schedule table; updated Steady-State Characteristics for Co-Chief model, five-per-term appointments, Ceremonial Chief Justice, vacancy coverage roster - Added vacancy coverage sequential dependency - Added legacy opt-in and vacancy coverage to Parallel Tracks - Expanded Administrative Office Responsibilities: Appointment Schedule, opt-in slot schedule, vacancy coverage roster, annual reporting - Rewrote Existing Supreme Court Justices transition provisions for opt-in option and vacancy coverage eligibility - Rewrote Existing Chief Justice as Legacy Chief Justice per Section 204(c) - Rewrote Chief Justice Incapacity section for Co-Chief Justice and Ceremonial Chief Justice model - Updated Firm Requirements: Co-Chief Justice terminology, appointment equalization, vacancy coverage lottery, opt-in notification deadline - Updated Flexible Elements: Ceremonial Chief Justice designation, Co-Chief duty division, legacy opt-in elections - Updated Summary Timeline table for all new milestones - Updated publication date to February 2026

Revision 1.7 - Updated to reflect FJBAA Rev 1.7 - Corrected Timeline Overview table: "Full 16-member Court" changed to "Full 15-member Court" (steady state is 15 active justices per Section 201(a)) - Corrected Expansion Schedule table: "15 Associate Justices + Chief Justice = 16 members" changed to "15 members (full composition)" for consistency with legislative text - Updated Existing Chief Justice transition provisions to reflect Section 204(b)(1) amendment: existing CJ's tenure terminates upon commencement of automatic rotation, with reversion to Associate Justice status - Updated Phase Two Chief Justice transition period description for consistency

Revision 1.6 - Updated to reflect FJBAA Rev 1.6 - Renamed "Qualification requirements" to "Transparency requirements" throughout - Revised "Immediate Upon Enactment" section to reflect evidence-based documentation requirements: - 50 works of substantial legal analysis - Six qualifying documentation pathways - Subject matter diversity requirement - 5,000-word judicial philosophy statement - 72-hour public availability, 45-day deliberation period - 14-day completeness determination - Removed "Judicial Qualifications Panel" section (panel eliminated in Rev 1.6) - Updated Senate Judiciary Committee responsibilities to include completeness determination - Updated "Appropriations Requirements" to reference transparency and documentation review - Updated "Firm Requirements" to add Title III timelines (50-work requirement, 45-day deliberation, 14-day completeness) - Added "Documentation pathway selection" to "Flexible Elements" - Updated "Summary Timeline" to reference transparency requirements - Updated publication date to February 2025

Revision 1.5 - Updated to reflect FJBAA Rev 1.5 - Added Ethics Infrastructure row to Timeline Overview table - Added ethics provisions to Immediate Upon Enactment section - Added "Within One Year" section for Inspector General appointment and Bridge Panel constitution - Added "Within 180 Days of Ethics Review Panel Achieving Quorum" section for rules adoption - Added Ethics Infrastructure Maturation table to Phase Three - Added ethics milestones throughout Phase One and Phase Two narratives - Added ethics enforcement to Steady-State Characteristics - Added ethics-related sequential dependencies (IG appointment, Bridge Panel retirement) - Added Office of the Judicial Inspector General, Ethics Review Panel, and Nominating Committee to Institutional Requirements - Added ethics appropriations to Appropriations Requirements - Added ethics provisions to Existing Supreme Court Justices transition provisions - Added Bridge Panel Transition and Inspector General Transition sections - Added ethics-related firm requirements and flexible elements - Updated Summary Timeline with ethics milestones

Revision 1.4 - No substantive changes to implementation timeline (Rev 1.4 changes were clarifying, not implementation-related)

Revision 1.3 - Renamed Phase Three to "Three-Phase Career Structure and Regular Replacement" - Replaced "senior service" with "Senior Justice" throughout - Added three-phase career structure explanation to Steady-State Characteristics - Updated Transition Provisions terminology - Added 10-year Associate Justice term to Firm Requirements - Applied self-reference convention per APAI Document Production Standards Section 1.7

Revision 1.2 - Revised Timeline Overview table to include CJ rotation milestone - Added "Eleven Years After First Expansion Appointment" to Effective Date Architecture - Revised Phase Two to replace presidential CJ elevation with transition period provisions - Replaced Regular Replacement Schedule table with comprehensive CJ Rotation and Replacement Schedule - Added Steady-State Characteristics for CJ rotation (two-year terms, universal service, seniority-based succession) - Added CJ rotation dependencies to Sequencing Requirements - Added Existing Chief Justice and Chief Justice Incapacity sections to Transition Provisions - Added CJ-related firm requirements (11-year, 2-year term) - Updated Summary Timeline to include CJ rotation milestones

Revision 1.1 - Initial publication based on FJBAA Rev 1.1

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Prepared by Albert Ramos for The American Policy Architecture Institute