H.R. 8365: Monitor Accountability Act of 2026

This bill, known as the Monitor Accountability Act of 2026, aims to establish specific conditions for the appointment and operation of monitors by U.S. district courts. Monitors are individuals appointed by courts to oversee the compliance of state or local governments with court orders. Here are the main provisions of the bill:

Establishment of Conditions for Monitors

The bill requires the Administrator of the Administrative Office of the United States Courts to create rules that set the following conditions:

• Fees: Monitors cannot charge fees above a limit established by the Administrator, and they can use pro bono time or reduced rates.
• Exclusivity and Term: Monitors can only hold one appointment at a time and may serve for a maximum of five years without reappointment.
• Subsequent Monitors: Any new monitor following a prior monitor cannot be employed by the same organization as the previous monitor.
• Public Comment: Courts must give public notice of proposed monitors and allow for public comment before their appointment.
• Termination: If a monitorship needs revision, a hearing must be held by the court. Changes can only occur if the monitored entity has not achieved substantial compliance.

Transfer of Cases

After a monitorship has been in effect for six years, the case will be transferred to a different judge in the same district where the case is pending.

Accounting Requirements

Monitors are required to submit an annual accounting to the court detailing:

• The services they provided and the fees charged.
• Any services provided pro bono or at reduced rates.

These accounting reports must be made available to the public.

Retroactive Application

If a monitorship has been in place for six years by the time this bill is enacted, a new monitor must be appointed within 180 days. The case must then be transferred to a new judge within one year.

Public Service Consideration

The bill reflects the sense of Congress that monitorships are a public service and should promote the use of pro bono work or reduced rates for their services.

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