Monitor Accountability Act
Officially: “Monitor Accountability Act” Read the full text
What it does
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1Short title
This section would state that the Act may be called the "Monitor Accountability Act of 2026."
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1. Short title This Act may be cited as the Monitor Accountability Act of 2026 .
2Conditions on the appointment of monitors by courts
Within 90 days after this section takes effect, this section would require the Administrator of the Administrative Office of the United States Courts to issue a rule setting conditions on how a federal district court appoints a person, under a court order, to monitor the conduct of a State or local government. The rule would have to include the following conditions. A monitor could not charge fees above the maximum rates the Administrator sets, and would have to be allowed to use pro bono time or reduced rates. A monitor could not serve on more than one monitorship at the same time, could not be appointed for a term longer than 5 years, and could not be reappointed under the same court order after that term ends. If a new monitor is appointed after a previous monitor's term under the same court order expires, the new monitor could not work for the same employer as the previous monitor. Before appointing a monitor, the court would have to give public notice of the person it plans to appoint and let the public comment on that choice. If a court, a party to the case, or the monitor wants to revise a monitorship the court has ordered, the court would have to hold a hearing on the request. The court could only revise a monitorship requirement if the government being monitored has not yet reached substantial and sustained compliance with that requirement. Separately, if a monitorship created by a court order is still in effect 6 years after that order, the case would have to be transferred to another judge in the same district. Each year, a monitor would have to submit to the court an accounting of the services provided and the fees charged for them, including whether any services were pro bono or at a reduced rate, and the court would have to make that accounting available to the public. For a monitorship that is already in effect on the date this Act is enacted and has already lasted 6 years, a new monitor would have to be appointed within 180 days of enactment following the same limits described above, and the case would have to be transferred to another judge within 1 year of enactment. Finally, this section would state Congress's view, as a sense of Congress rather than a binding rule, that monitoring is a public service and that monitorships should be structured to encourage the use of pro bono time or reduced rates.
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2. Conditions on the appointment of monitors by courts (a) In general Not later than 90 days after the effective date of this section, the Administrator of the Administrative Office of the United States Courts shall by rule establish conditions on the appointment by a district court of the United States of any person charged, pursuant to a court order, with monitoring the conduct of a State or unit of local government. Such conditions shall include the following: (1) Fees Such person— (A) may not assess a fee in excess of such maximum rates as the Administrator may establish; and (B) shall be authorized to employ the use of pro bono time or reduced rates. (2) Exclusivity and term Such person may not be— (A) appointed to more than one such monitorship at a time; (B) appointed for a term greater than 5 years; or (C) reappointed after the expiration of such term pursuant to the same court order. (3) Subsequent monitors A monitor who is appointed to a monitorship after the expiration of the term of a monitor who served pursuant to the same court order may not be employed by the same employer as the previous monitor. (4) Public comment Prior to the appointment of a monitor, the court shall provide notice of the person to be appointed and afford the public an opportunity for comment thereon. (5) Termination (A) Revision In the case that a court, a party, or a monitor seeks to revise a monitorship imposed by a court order, the court shall conduct a hearing. (B) Scope of monitorship The court may only revise a requirement of a monitorship with respect to which the subject of the monitorship has not attained substantial and sustained compliance. (b) Transfer On the date that is 6 years after the court order imposing a monitorship, if such monitorship is in effect on such date, the case shall be transferred to another judge in the district in which the case is pending. (c) Accounting (1) In general On an annual basis, a monitor shall submit to the court imposing the monitorship an accounting, which shall include— (A) information on the services provided and the fee charged for such services; and (B) whether any such services were provided pro bono or at a reduced rate. (2) Publication The court shall make available to the public any accounting submitted to the court under paragraph (1). (d) Retroactivity In the case of a monitorship that is in effect on the date of enactment of this Act and has been in effect for 6 years— (1) a new monitor shall be appointed not later than 180 days after such date of enactment in accordance with the limitations under this section; and (2) the case shall be transferred not later than 1 year after such date of enactment in accordance with this section. (e) Sense of Congress It is the sense of Congress that monitoring is a public service and monitorships should be structured to encourage the use of pro bono time or reduced rates.
Where it is
In the House.