Sponsors (5)
The bill increases accountability by allowing civil suits and clarifying covered decisions, improving incentives for safer judicial choices, but at the cost of greater litigation, taxpayer expense, and a real risk of chilling judicial discretion that could reduce pretrial release and expand incarceration.
People harmed by grossly negligent or intentionally reckless pretrial bond or sentencing decisions can sue judicial officers for relief (including punitive damages), creating a path to accountability.
Exposing judges to liability for gross negligence or intentional recklessness creates incentives for safer bond and sentencing decisions, which can reduce risks to public safety.
The bill provides clearer statutory definitions (who the statute covers and what counts as a 'bond determination' or 'sentencing decision'), reducing ambiguity for courts, litigants, and government actors about the law's scope.
Judicial officers may face more lawsuits and higher litigation costs, which could deter qualified candidates from serving and impose staffing/turnover costs on courts and governments.
Risk that judges respond to liability exposure by becoming overly cautious—reducing pretrial releases and imposing harsher sentences—undermining defendants' rights and increasing incarceration.
Removing immunity could prompt a flood of borderline or strategic claims, increasing court caseloads and taxpayer-funded defense costs for governments.
Based on analysis of 3 sections of legislative text.
Creates a federal civil cause of action allowing suits (waiving immunity) against judges for bail or sentencing decisions made with intentional disregard for public safety or gross negligence, with relief including punitive damages.
Creates a new federal civil cause of action letting people sue judges for bond (bail/pretrial release) or sentencing decisions when the judge acted with intentional disregard for public safety or with gross negligence. Plaintiffs must prove harm by clear and convincing evidence; defendants may recover relief including punitive damages. The law removes federal and state immunity defenses for covered claims but explicitly preserves actions taken in good faith or within ordinary judicial discretion.
Official title: To provide for civil liability in the case of any judicial officer who acts with intentional disregard for public safety or gross negligence in a bond determination or sentencing decision.
Introduced September 30, 2025 by Tim Moore · Last progress September 30, 2025