Federal Judicial Balance and Accountability Act¶
Policy Introduction¶
Published February 2026¶
Based on Rev 2.2 of the Federal Judicial Balance and Accountability Act
The Federal Judicial Balance and Accountability Act (FJBAA) restructures the federal judiciary to address population-based representation, predictable appointments, transparent evaluation of nominees, and enforceable ethics. The Act reorganizes federal circuits according to population, aligns Supreme Court composition with circuit structure, replaces the binary single-nominee confirmation model with slate-based selection, establishes evidence-based documentation requirements ensuring nominees possess evaluable records, and creates binding ethical standards with meaningful enforcement mechanisms.
The current federal circuit system reflects nineteenth-century boundaries rather than contemporary population distribution, creating significant workload disparities and unequal representation across regions. The Supreme Court has maintained nine justices since 1869 despite dramatic population growth and the addition of new circuits. Meanwhile, judicial appointments depend heavily on actuarial chance -- which justices happen to retire or die during which presidential terms -- rather than any principled constitutional design. The current system also creates perverse dynamics where the nation's constitutional future hinges on individual justices' health and longevity, forcing impossible choices on aging jurists and generating morbid national anxiety over their continued vitality. The binary single-nominee confirmation model concentrates maximum leverage in the Senate's ability to reject, creating powerful obstruction incentives -- empirical research demonstrates that 62-75% of vacancies under proposed term limit systems would arise during divided government, making Senate obstruction a predictable structural vulnerability rather than an aberration. And the Supreme Court remains the only court in the federal system without binding ethical rules or meaningful enforcement mechanisms -- a gap that has undermined public confidence as controversies over undisclosed gifts, travel, and financial relationships have accumulated.
FJBAA addresses these structural problems through integrated reforms: circuit reorganization, Supreme Court composition aligned with circuit structure, a three-phase career structure for justices, shared Co-Chief Justice leadership, vacancy coverage and appointment equalization, slate-based nomination with Bloc STAR voting, evidence-based transparency requirements, and binding ethics enforcement. The Act's title reflects its dual focus: "Balance" (equal representation, predictable appointments, diffused power) and "Accountability" (enforceable ethical standards with meaningful sanctions).
Key Components¶
Title I: Federal Circuit Reorganization establishes fifteen population-based regional circuits, each serving approximately equal populations. The Administrative Office of the United States Courts draws boundaries using federal judicial districts as building blocks, ensuring no circuit serves more than 110% or less than 90% of the average circuit population. The Act prioritizes keeping all districts within a state assigned to the same circuit but permits division along existing federal judicial district boundaries where population equity requires it. Population compliance is maintained through a structured five-year assessment cycle -- authoritative assessments after each decennial census and interim assessments using American Community Survey data -- with a tiered response framework triggering mandatory rebalancing when three or more circuits fall outside the tolerance band. If boundary adjustments alone cannot restore compliance, the Act provides a circuit count adjustment mechanism requiring congressional action. The District of Columbia Circuit and Federal Circuit retain their specialized jurisdictions unchanged.
Title II: Supreme Court Composition and Appointments aligns the Supreme Court with circuit organization through fifteen justice positions progressing through a three-phase career structure. Justices serve through three distinct phases: Associate Justice for years one through ten, Co-Chief Justice for years eleven and twelve, and Senior Justice thereafter. This structure provides clarity and predictability -- every justice appointed under the Act knows exactly what their career arc will look like. Senior Justices retain full Article III protections and life tenure while serving in a reduced-duty capacity. Multiple justices serve simultaneously as Co-Chief Justices, sharing administrative responsibilities pursuant to Judicial Conference rules, with the President designating one as Ceremonial Chief Justice for constitutionally specified functions. For each biennial appointment cycle, the President submits a nomination slate containing multiple nominees, and the Senate selects from among them using Bloc STAR voting -- a scored procedure in which each senator assigns each nominee a score from 0 to 5, with the highest aggregate scores determining selection. The Senate retains authority to reject an entire slate, triggering resubmission. Carryover nominees from prior slates may be included on subsequent slates for up to five years. When unexpected vacancies occur, Senior Justices fill vacant seats through a random lottery rotation system until the seat's next regularly scheduled biennial appointment -- vacancies do not create additional presidential appointment opportunities. An appointment equalization mechanism ensures each presidential term includes exactly five appointment opportunities once the schedule reaches steady state. All justices confirmed to commence service in the same year must be sworn in together.
Title III: Transparency and Evaluative Standards for Nominations establishes documentation requirements ensuring nominees possess comprehensive evaluable records, calibrated for multi-nominee evaluation under the slate-based process. Each nominee must submit at least ten self-selected works of substantial legal analysis, which may include judicial opinions, scholarly publications, appellate briefs, legislative analysis, executive branch legal memoranda, or professional legal opinions. This documentation must address at least three of six specified subject areas (constitutional structure, individual rights, federal jurisdiction, statutory interpretation, administrative law, or criminal law). Nominees provide a professional biography and a judicial philosophy statement of at least 2,000 words. All documentation becomes publicly available within 72 hours of receipt, with a minimum 21-day public review period before hearings commence. The Senate Judiciary Committee determines documentation completeness within 14 days and must act on the slate within 120 days. Each nominee receives one full day of hearings, with carryover nominees receiving abbreviated half-day hearings. Congressional findings affirm that epistemic diversity strengthens the Court, and the Act explicitly preserves the President's constitutional authority to nominate any person.
Title IV: Implementation and Fairness Provisions phases the reforms over multiple years. Circuit reorganization takes effect two years after enactment. Court composition alignment begins in the first odd-numbered year of the Appointment Schedule and continues until full composition is achieved. The slate-based nomination process and transparency requirements apply immediately to all appointments. The regular replacement schedule and Co-Chief Justice service begin when justices appointed under the expansion schedule reach their eleventh year of active service. Constitutional protections are explicitly preserved: no sitting justice is removed, no judicial salary is reduced, and "good behavior" tenure remains intact. The Senior Justice provisions build on existing precedent in 28 U.S.C. Section 371. The Chief Justice serving on the effective date continues in that capacity while Co-Chief Justices appointed under the Act gradually share administrative duties. Legacy Associate Justices may voluntarily elect to enter the Act's career structure through an opt-in mechanism -- claiming a Co-Chief Justice slot, serving a two-year capstone, and transitioning to Senior Justice status -- but no justice is compelled to participate.
Title V: Judicial Ethics and Accountability establishes binding ethical standards and enforcement for the Supreme Court. The Code of Conduct for United States Judges applies to all justices, with compliance mandatory. An Ethics Review Panel of five Senior Justices adjudicates complaints, with an independent Judicial Inspector General (ten-year term, unanimous-vote removal protection) conducting investigations. Sanctions range from private admonition to mandatory early transition to Senior Justice status, with serious sanctions requiring a four-of-five supermajority to prevent partisan weaponization. Mandatory Early Transition may be imposed only for enumerated objective violations -- undisclosed financial interests, conflicts of interest, ex parte contacts, false statements, acceptance of substantial undisclosed benefits -- not for disfavored judicial philosophies. Robust due process protections and en banc appellate review by all Senior Justices ensure fairness. During the transition period before sufficient Senior Justices are available, a Bridge Panel of retired circuit chief judges selected by lottery provides immediate capacity.
Documentation¶
The full legislative text provides complete statutory language for all provisions. Separate documents provide the Policy Rationale explaining design choices, Legal Analysis examining constitutional questions, Implementation Timeline detailing the phased rollout, and Overview summarizing the complete reform architecture.
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Prepared by Albert Ramos for The American Policy Architecture Institute