Proposed Bill Ended Judicial Residency Rules
The Better Bench Act would allow federal judges to live outside the D.C. area, impacting how patent and contract cases are staffed.
Updated on Sept. 22, 2026 in Remote Work
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Two U.S. senators introduced the Better Bench Act to repeal a requirement that judges on the U.S. Court of Appeals for the Federal Circuit and the U.S. Court of Federal Claims reside within 50 miles of Washington, D.C. The bill seeks to broaden the recruitment pool for these specialized courts.
Why it matters
By removing the strict residency requirement, the legislation aims to increase the geographic diversity of judicial nominees who oversee complex patent, trade, and government contract litigation. This shifts the focus from proximity to the capital to a national search for qualified legal expertise.
The legislation targets a 50-mile residency radius currently mandated for judges serving on two specific federal courts. The bill would move these appointments away from this geography to a national standard.
The players
Administrative Office of the U.S. Courts
The administrative body responsible for the management and support services of the federal judiciary.
U.S. Court of Appeals for the Federal Circuit
A federal appellate court with nationwide jurisdiction over specific subject matters, including patent law and government contracts.
U.S. Court of Federal Claims
A federal court that hears monetary claims against the United States government.
The details
The Better Bench Act removes the mandate for judges to relocate to the District of Columbia. Under the bill, the Director of the Administrative Office of the U.S. Courts must ensure remote office space and administrative support are available in the judge's home district or the nearest facility with capacity. The legislation expressly forbids the construction of new federal buildings to accommodate this change.
Timeline
September 22, 2026: Senators introduced the Better Bench Act.
Market Landscape
The Better Bench Act marks a departure from the historical 50-mile residency requirement for federal judges. This move aligns with broader national trends toward decentralizing specialized roles to access a wider talent pool.
Operators in trade, patent, and government contract sectors should track this bill as it may stabilize the judicial pipeline for high-stakes litigation. If passed, the ability for judges to operate remotely from their home districts may alter the venue and logistics of future federal proceedings.
The takeaway
The bill signals a shift toward remote operations in the federal judiciary to secure specialized legal talent. Businesses should monitor this legislative progress as a potential indicator of how federal regulatory and court functions may adapt to decentralized staffing models.
Further reading
For additional context on the evolution of office requirements, see the Remote Work section.
Source note: This article includes information reported by Tampa Free Press.
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Should federal judges be allowed to live outside the 50-mile zone surrounding Washington, D.C.?
