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Bill

S 5032

Justice is BLIND Act of 2026

119th Congress Introduced by Richard Blumenthal and 1 co-sponsor

Requires federal judges and immediate family to put covered financial interests into qualified blind trusts within 90 days of enactment or appointment, with public attestations.

Introduced in Senate
0
WeVote Research Nonpartisan
Bill Summary · S 5032

Overview

  • Bill: S. 5032 (Justice is BLIND Act of 2026)
  • Session: 119th Congress
  • Introduced in Senate on July 20, 2026 by Sen. Schiff (with Sen. Blumenthal as co-sponsor)
  • Purpose: Amend title 28 of the United States Code to require justices, judges, magistrate judges, and bankruptcy judges—and their spouses and dependent children—to place certain assets into qualified blind trusts, and to establish related definitions, timing, and accountability provisions.

Main purpose and intent

  • To strengthen financial disclosures and minimize potential conflicts of interest among federal judges by mandating that certain assets held by judges and immediate family members be placed in qualified blind trusts.
  • The bill emphasizes insulation from knowledge or control over assets that could influence judicial decisions, purportedly enhancing integrity and public trust in the judiciary.

Key provisions and changes

  • Section 455 amended to add new subsection (g) establishing requirements for assets to be placed in qualified blind trusts and related procedures.
  • Definitions (subsection (g)(1)):
    • Commodity: Defined as in section 1a of the Commodity Exchange Act.
    • Covered financial interest: Broadly includes interests in securities, commodities, futures, or similar economic interests acquired via instruments like derivatives; with specified exclusions.
    • Dependent child: As defined in section 13101 of title 5.
    • Qualified blind trust: As defined in section 13104(f)(3) of title 5.
  • Placement requirements (subsection (g)(2)):
    • For current officeholders (as of enactment): Within 90 days, place all covered financial interests of the judge, and of their spouse and dependent children, into a qualified blind trust.
    • For new appointees: Within 90 days of being sworn in, place all covered financial interests of the judge and immediate family into a qualified blind trust.
    • Allow mingling: Spouse or dependent child may place their covered financial interests in a blind trust established by the judge, or vice versa—i.e., trusts can be established by either party.
    • Separation rule: If the judge ceases to hold office, or if separation occurs, a 180-day period applies before dissolving a blind trust or gaining control over the assets.
  • Accountability and reporting (subsection (g)(3)):
    • Attestation requirement: Within 15 days of establishment of a qualified blind trust, the judge must attest in writing that the trust has been established and that all covered financial interests of the judge and family have been placed in the trust; or attest that there are no such interests.
    • Public disclosure: The Administrative Office of the United States Courts must make attestations available on the searchable internet database created under the Ethics in Government Act (as amended by the bill).
    • Non-constituionality clause: Severability preserved; if any provision is found unconstitutional, the rest remains in effect.
  • Financial interests excluded from “covered financial interest”:
    • Widely held, diversified investment funds registered as management companies under the Investment Company Act.
    • U.S. Treasury securities (bills, notes, or bonds).
    • Compensation received by a spouse or dependent child from their employer.

Who would be affected

  • Federal judges, justices, magistrate judges, and bankruptcy judges currently in office, along with:
    • Their spouses
    • Their dependent children
  • Individuals newly appointed to these offices after enactment
  • Administrative Office of the U.S. Courts, responsible for publishing attestations in the public database

Procedural and timeline aspects

  • Immediate effect upon enactment: Current holders must place eligible assets within 90 days.
  • New appointees: Must place eligible assets within 90 days after being sworn in.
  • Post-separation: 180-day period before dissolving or regaining control of a blind trust after leaving office.
  • Reporting/oversight: Attestation due within 15 days of trust establishment; public disclosure via the AOUSC database.
  • Severability provision ensures the law remains largely intact even if a portion is struck down.

Potential impacts and considerations

  • Strengthens perceived and actual independence of the judiciary by limiting access to non-public information about judges’ financial interests.
  • Creates concrete timelines and public-facing disclosures to enhance transparency.
  • Introduces stricter handling of financial interests through qualified blind trusts, with defined exclusions for certain broad or passive investments.
  • May impose administrative and compliance costs on courts and judges to manage trust arrangements and attestations.

Compiled from official sources — confirm details with the bill’s official record.

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