Judicial Inquiry and Review Commission; reform, increases membership.

HOUSE BILL NO. 441

AMENDMENT IN THE NATURE OF A SUBSTITUTE

(Proposed by the House Committee for Courts of Justice

on February 11, 2026)

(Patron Prior to Substitute--Delegate Hope)

A BILL to amend and reenact §§
17.1-100
,
17.1-901
,
17.1-902
,
17.1-903
,
17.1-913
, and
17.1-914
of the Code of Virginia and to amend the Code of Virginia by adding a section numbered
17.1-902.1
, relating to the Judicial Inquiry and Review Commission; reform.

Be it enacted by the General Assembly of Virginia:

1. That §§
17.1-100
,
17.1-901
,
17.1-902
,
17.1-903
,
17.1-913
, and
17.1-914
of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding a section numbered
17.1-902.1
as follows:

§
17.1-100
. Judicial performance evaluation program.

A. The Supreme Court, by rule, shall establish and maintain a judicial performance evaluation program that will provide a self-improvement mechanism for judges and a source of information for the reelection process. By December 1 of each year, the Supreme Court, or its designee, shall transmit a report of the evaluation in the final year of the term of each justice and judge whose term expires during the next session of the General Assembly to the
Chairmen
Chairs
of the House and Senate Committees for Courts of Justice. Such report shall include the number of cases during the judge's term in which a judge imposed a sentence that is either greater or less than that indicated by the sentencing guidelines and did not file a written explanation of such departure required pursuant to subsection B of §
19.2-298.01
. The Virginia Criminal Sentencing Commission shall provide such information to the Supreme Court by November 1.

B. The reporting requirement of this section shall become effective when funds are appropriated for this program and shall apply to the evaluation of any justice or judge who has had at least one interim evaluation conducted during his term. For any judge or justice elected or reelected on or after January 1, 2014, an interim evaluation of each individual justice or judge shall be completed during his term. Such interim evaluation shall be commenced by the judicial performance evaluation program no later than the midpoint of his term.

C.
All
Except as provided in subsection D, all
records created or maintained by or on behalf of the judicial performance evaluation program related to an evaluation of any individual justice or judge are confidential and shall not be disclosed
, except that
. However,
any report provided to the General Assembly pursuant to this section shall be a public record that is open to inspection.

D.
Notwithstanding any other provision of law, the Office of the E
xecutive Secretary of the Supreme Court of Virginia shall provide to the Commission the annual judicial performance evaluations for all judges subject to evaluation. Such information shall be received by the Commission
staff and shall remain confidential.

§
17.1-901
. Judicial Inquiry and Review Commission; membership; terms of office.

There is created a Judicial Inquiry and Review Commission in the judiciary branch of government, composed of
seven

12
persons who shall be citizens and residents of the Commonwealth. The members of the Commission shall be chosen by the vote of a majority of the members elected to each house of the General Assembly. The Commission shall elect a
chairman
chair
and
vice-chairman
vice-chair
annually from its membership.

The Commission shall consist of
three
four
judicial members,
who shall be
of whom
(i) one
shall be an
active judge of a circuit court, (ii) one
shall be an
active judge of a general district court
and
,
(iii) one
shall be an
active judge of a juvenile and domestic relations district court
, and (iv) one
shall be an
a
ctive judge of the Court of Appeals of Virginia
;
two
lawyer members, who shall be active members of the Virginia State Bar who are not judges and who have practiced law in the Commonwealth for
15
or more years immediately preceding their appointment
; and
two

four
public members who shall not be active or retired judges and shall never have been licensed lawyers
; and four lawyer members, who shall be active members of the Virginia State Bar who are not judges and who have practiced law in the Commonwealth for eight or more years immediately preceding their appointment
.

The
Council for the Virginia State Bar
, t
he
Board
of Directors for the
Virginia Association of Commonwealth's
Attorneys
,
and the
Board of Directors for the
Virginia Association of Criminal Defense Lawyers shall submit recommendations for lawyer members for consideration by the General Assembly.
T
wo
of such
lawyer members shall be
selected
fro
m the recommendations submitted by the Council for the Virginia State Bar, and one lawyer member
each shall be selected from the recommendations submitted by the
Board of Directors for the
Virginia Association of Commonwealth's Attorneys and the
Board of Directors for the
Virginia Association of Criminal Defense Lawyers.

After the initial appointments, the term of office of each member shall be four years commencing on July 1. No member of the Commission shall be eligible to serve more than two consecutive terms. The remainder of any term to which a member is appointed to fill a vacancy shall not constitute a term in determining the member's eligibility for reappointment.

Commission membership terminates whenever a member resigns or ceases to possess the qualifications that made him eligible for appointment. During any vacancy, which may exist while the General Assembly is not in session, the Governor may appoint a successor to serve until 30 days after the commencement of the next session of the General Assembly. Upon election of a successor by the General Assembly, the new member of the Commission shall serve for the remainder of the term of office of his predecessor.

Prior to beginning service on the Commission, each member and any newly hired counsel for the Commission shall receive training on judicial ethics, the Canons of Judicial Conduct, and bes
t practices for
judicial oversight and accountability.
The
Office of the Executive Secretary of the Supreme Court of Virginia
,
in collaboration with counsel for the Commission
, shall
prepare and
oversee
such initial training
and all subsequent training
, an
d,

thereaf
ter
,
e
ach member of the Commission

shall complete annual training on judicial ethics

for th
e duration of
his

service
on the Commission.

The Commission shall adopt and implement a conflict of interest policy governing
the participation of Commission
member
s

and
Commission
staff
in matters before the Commission
, and such policy shall govern the participation of the Attorney General
in any such matters before the Commission, as provided in §
17.1-903
. Such policy shall reflect the same principles and scope as set forth in the Virginia Rules of Professional Conduct and the Virginia Canons of Judicial Conduct and shall set out expectations for the recusal of a
Commission

member
or
Commission
staff
on matters before the Commission that involve a current or former colleague, family member, or other professional or personal relationship
that
may undermine
the real or perceived
impartiality
of such member
or staff
.
Any member of the Commission who is the subject of an investigation or hearing by it or is otherwise personally involved therein shall be disqualified by the Commission from acting in such proceedings. In
such a
any
case
w
here
a member of the Commission is
disqualified
or voluntarily recuses
him
sel
f
from
acting in
such proceedings,
the
Governor
Commission
shall
appoint a person
sele
ct a past member of the Commission who previously served in the same membership category and who remains qualified to
serve temporarily as a substitut
e member of the Commission in such proceedings. If no past member is available, the Gove
rnor shall appoint a person
possessing the original qualifications of such member as prescribed by this section to serve temporarily as a substitute member of the Commission in such proceedings.
In any case where
a
staff
member
for the Commission is
disqualified or voluntarily recuses himself from acting in such proceedings, the
Commission
shall
select
a designee to serve temporarily as staff in such proceedings
.

The Commission shall adopt and
make publicly available for review a Code of Conduct
that
(a)
is
consistent with standards for judicial accountability commissions as published by the American Bar Association and Institute for the Advancement of the American Legal System
and

(b)
shall
provide

expectations for Commission members
and Commission staff
concerning attendance of meetings and proceedings,
appropriate behavior during formal hearings or informal conferences, engagement with electronic
public-facing platforms,
participation in political campaigns, including
any
endorsements or campaign donations, and
any other
actions
that
Commission staff and

Commission

members may take
while serving on the Commission
that
may impact the integrity of
the
Commission and its work.
Such Code of Conduct
, and
any future amendment
s
t
o such Code of Conduct,
shall be subject to approval by the House and Senate Committees for Courts of Justice
prior to
implement
ation
by the Commission
.

§
17.1-902
. Powers and duties of Commission generally.

The Commission is vested with the power, and it shall be its duty, to investigate charges arising out of the present or any prior term of office
which
that
would be the basis for
(i)
retirement, censure, or removal of a judge under Article VI, Section 10 of the Constitution of Virginia and the provisions of this chapter

or
(ii)
sanction or supervision
as deemed appropriate and necessary
and as imposed by the Commission
based on
the charges investigated
even though the subject judge may have been reelected to a new term of office.

The Commission, after such investigation as it deems necessary, may order and conduct hearings at such times and places in the Commonwealth as it shall determine.
For any complaint that alleges a violation of the Canons of Judic
i
al Conduct
, where such allegations are deemed by the Commission to be well-founded and sufficient to constitute the basis for sanction, supervision
, censure, retirement, or removal of a judge, and the subject judge materially disputes those allegations in whole or in part, or materially disputes the severity or frequency of the alleged misconduct
, the Commission shall make all reasona
ble efforts to contact any witness
es

to the alleged
mis
conduct
specified in such complaint
to assist in resolving any
di
sputed variance
regarding such alleged misconduct
.

For any formal or informal hearing
or conference
conducted,
or
where the Commission has determined that a judge has breached the Canons of
Judicial
Conduct but such determination precedes a supervis
ion
agreement,
if the complaint
contains any allegation
s that, if deemed well-founded by the Commission,
would be the basis for sanction, supervision,
censure, retirement, or removal of a judge,
and the subject judge
materially disputes the allegations in whole or in part, or materially disputes the severity or frequency of the alleged misconduct,

the Commission shall
solicit additional testimony from
or make additional inquiries
of
the complainant to
assist in resolving any disputed variance regarding such alleged misconduct
.
The Commission shall not directly disclose
to the complainant any
statements made
or defenses offered by the subject judge when soliciting any additional testimony or making additional inquir
ies of such complainant.

If the Commission finds the charges to be well-founded
,
and sufficient to constitute the basis for retirement, censure, or removal of a judge, it may file a formal complaint before the Supreme Court.

The Commission shall have the authority to make rules, not in conflict with the provisions of this chapter or of general law, to govern investigations and hearings conducted by it.

The Commission shall have the authority to investigate any complaint
that

it
de
ems
withi
n its purview
as provided in the rules adopted by the Commission
,

to
includ
e
any complaint
of judicial misconduct

arising fro
m a
matter that
may be
pending or
on appeal
.
The Commission shall not dismiss a
ny such complaint arising from a matter that may be pending or on appeal sol
ely on the basis that it is pending or on appeal
if
(
a
) the court on which the subject judge serves no longer
ha
s jurisdiction over the matter that gave rise to the complaint;
(
b
) the specific matter over which the subject judge presided that gave rise to the complaint is no longer before the subject judge;
or
(
c
)
the matter remains before the subject judge but there has been an
un
usual or unreasonable delay in the adjudication of such matter, or
if the Commission determines that
,

for good cause shown and in the interest of justice, action
by the Commission
is necessary
.

Commission staff shall present to the Commission any judicial evaluations received from the Office of the Executive Secretary of the Supreme Court of Virginia p
ursuant to
§
17.1-100

that pertain
s
to a judge who has previously been the subject of a complaint and subsequent inquiry by the Commission or who has received informal counseling or entered into a supervis
ion
agreement relating to any alleged misconduct if such evaluations
could be used to demonstrate
a failure to remediate prior conduct that was identified in a previous complaint of judicial misconduct.
The Commission shall have the authority to
review any judicial evaluations of a subject judge
and include any such evaluations
as supporting evidence of judicial misconduct if deemed
appropriate by the Commission.

No act of the Commission shall be valid unless concurred with by a majority of its members.

§
17.1-902.1
. Rules of investigation; disciplinary actions.

The Commission shall
make publicly available for
inspection a publication enumerating
all
adopted
rules that
govern
the investigation
and adjudication of complaints alleging judicial misconduct,
including
any
rules
governing

informal
processes

that
it
may
engage in during the course
of

or as a result
of such investigation.
The Commission shall include in its rules
a thorough descri
ption of all possible sanctions
,
informal disciplinary actions
, and supervision agreements
entered into
with or without a finding of misconduct
that the Commission may impose on a ju
dge who is the subject of a complaint
and
th
e
standards
for the application of such sanction or informal disciplinary action
.

I
n addition to any other san
ction
,
informal disciplinary actio
n
, or formal disciplinary action imposed by the Commission or the Supreme Court of Virginia, as provided for
under
Article
VI, Section 10 of the Constitution of Virginia
and the provisions of this chapter
, the Commission may require
any judge who is the subject of
a complaint to recuse
him
sel
f
from any pending
case before
him
, or any future matter that comes before
him

that involves the complainant or a witness who has testified before the Commission
concerning
the
conduct of the subject
judge.
Such rules shall be liberally construed to
provide the Commission discretion to achieve equitable outcomes. However, if the Commission departs from
such
rules, any report
or notice
issued by the Commission of any action taken, including any report issued pursuant
to §
17.1-905

and
any notice issued pursuant to
subsection C of §
17.1-913
, shall explain the grounds for such departure.

§
17.1-903
. Officers and employees; experts and reporters; witnesses; legal counsel.

The Commission may (i) employ such officers, assistants, and other employees it deems necessary for the performance of its duties; (ii) arrange for and compensate medical and other experts and reporters; (iii) arrange for attendance of witnesses, including witnesses not subject to subpoena; and (iv) pay from funds available to it all expenses reasonably necessary for effectuating the purposes of Article VI, Section 10 of the Constitution of Virginia and the provisions of this chapter, whether or not specifically enumerated herein. The Attorney General shall, if requested by the Commission, act as its counsel generally or in any particular investigation or proceeding
, and such participation by the Attorney General shall be governed by the
conflict of interest policy adopted by the Commission
pursuant to
§
17.1-90
1
.

The Commission may employ counsel, notwithstanding the provisions of §
2.2-510
.

§
17.1-913
. Confidentiality of papers and proceedings; exception.

A. Except as provided in subsection C, all papers filed with and proceedings before the Commission, and under §§
17.1-909
and
17.1-910
, including the identification of the subject judge as well as all testimony and other evidence and any transcript thereof made by a reporter, shall be confidential and shall not be divulged, other than to the Commission, by any person
other than the complainant
who (i)
either files a complaint with the Commission, or
receives
such
a
complaint in an official capacity
as a member of the Commission
; (ii) investigates such complaint; (iii) is interviewed concerning such complaint by a member, employee
,
or agent of the Commission; or (iv) participates in any proceeding of the Commission or in the official recording or transcription thereof, except that the record of any proceeding filed with the Supreme Court shall lose its confidential character.
Any
individual who
files a complaint alleging judicial misconduct or
a serious
mental or physical disability of a judge
that

interferes with the performance of duties of
such
judge shall
not be prohibited from
publicly
discussing the filing of such complaint or any events
that
caused the individual to file such co
mplaint.
However, if the Commission finds cause to believe that any witness under oath has willfully and intentionally testified falsely, the Commission may direct the
chairman
chair
or one of its members to report such finding and the details leading thereto
,
including any transcript thereof
,
to the attorney for the Commonwealth of the city or county where such act occurred for such disposition as to a charge of perjury as the Commonwealth may be advised. In any subsequent prosecution for perjury based thereon, the proceedings before the Commission relevant thereto shall lose their confidential character.

All records of proceedings before the Commission
which
that
are not filed with the Supreme Court in connection with a formal complaint filed with that tribunal
,
shall be kept in the confidential files of the Commission.

However, a judge who is under investigation by the Commission, or any person authorized by him, may divulge information pertaining to a complaint filed against such judge as may be necessary for the judge to investigate the allegations in the complaint in preparation for the proceedings before the Commission.

B. Advice on judicial ethics given by an attorney employed by the Commission to a judge and the records of such advice shall be confidential and not be divulged except as permitted in subsection A. However, the Commission may share such advice, but not the identity of the judge to whom the advice was given, with a committee established by the Supreme Court for the development of formal judicial ethics advisory opinions. Any such shared information shall remain confidential within such committee.

C. The Commission shall notify a complainant of the final decision made or action taken in regards to his filed complaint within 30 days of such decision or action. Such notice shall include the decision made or action taken by the Commission
, including any
suspension ordered, sanction imposed, or
supervisory agreement entered into by the subject judge
, except
that
such notice shall n
ot include
any administrative action taken by the Commission, including any suspension imposed,
if
an investigation into whether a breach of the Canons
of Judicial Conduct
has occurred is pending
. The confidentiality provisions of subsection A shall not apply to notifications made by the Commission under this subsection.

§
17.1-914
. Privilege.

The filing of papers with and the giving of testimony before the Commission shall be privileged, except where
the complainant is permitted to d
iscuss the filing of such complaint
pursuant to
§
17.1-913
or when
such filing of papers or giving of testimony is motivated or accompanied by actual malice. No other publication of such papers or proceedings shall be privileged in any action for defamation except that (i) the record filed by the Commission with the Supreme Court, in support of a formal complaint filed therewith, continues to be privileged and (ii) a writing
which
that
was privileged before its filing with the Commission shall not lose such privilege by such filing.