Ninth Circuit Judgeship and Reorganization Act of 2005 - Amends the Federal judicial code to divide the Ninth Judicial Circuit into the Ninth Circuit (to be composed of California, Guam, Hawaii, and the Northern Mariana Islands), the Twelfth Circuit (to be composed of Arizona, Nevada, Idaho, and Montana), and Thirteenth Circuit (to be composed of Alaska, Oregon, and Washington State).
Requires the President to appoint five additional circuit judges for the new Ninth Circuit and two temporary judges for the former Ninth Circuit.
Specifies the locations where new circuits are to hold regular sessions.
Assigns active circuit judges of the former Ninth Circuit to the new circuits. Allows senior circuit judges of the former Ninth Circuit to elect assignment.
Specifies the disposition of cases pending in the former Ninth Circuit before the effective date of this Act as follows: (1) proceedings in matters that have been submitted for decision shall continue without regard to this Act; (2) matters not yet submitted for decision must be transferred to the court to which they would have been submitted under this Act; and (3) proceedings on petitions for rehearing or rehearing en banc that have been submitted or decided shall continue without regard to this Act.
Authorizes the temporary assignment of circuit and district judges of the former Ninth Circuit among the new circuits. Authorizes administrative coordination among any two contiguous new circuits.
Directs that the former Ninth Circuit shall cease to exist for administrative purposes two years after enactment of this Act.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 211 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 211
To reorganize the ninth judicial circuit, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 4, 2005
Mr. Simpson (for himself and Mr. DeLay) introduced the following bill;
which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To reorganize the ninth judicial circuit, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ninth Circuit Judgeship and
Reorganization Act of 2005''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Former ninth circuit.--The term ``former ninth
circuit'' means the ninth judicial circuit of the United States
as in existence on the day before the effective date of this
Act.
(2) New ninth circuit.--The term ``new ninth circuit''
means the ninth judicial circuit of the United States
established by the amendment made by section 4(a)(2)(A).
(3) Twelfth circuit.--The term ``twelfth circuit'' means
the twelfth judicial circuit of the United States established
by the amendment made by section 4(a)(2)(B).
(4) Thirteenth circuit.--The term ``thirteenth circuit''
means the thirteenth judicial circuit of the United States
established by the amendment made by section 4(a)(2)(B).
SEC. 3. ADDITIONAL CIRCUIT JUDGES.
(a) Permanent Judgeships.--The President shall appoint, by and with
the advice and consent of the Senate, 5 additional circuit judges for
the former ninth circuit, whose official duty station shall be in
California.
(b) Temporary Judgeships.--
(1) Appointment of judges.--The President shall appoint, by
and with the advice and consent of the Senate, 2 additional
circuit judges for the former ninth circuit, whose official
duty station shall be in California.
(2) Effect of vacancies.--The first 2 vacancies occurring
on the new ninth circuit 10 years or more after judges are
first confirmed to fill both temporary circuit judgeships
created by this subsection shall not be filled.
SEC. 4. NINTH CIRCUIT REORGANIZATION.
(a) Number and Composition of Circuits.--Section 41 of title 28,
United States Code, is amended--
(1) in the matter preceding the table, by striking
``thirteen'' and inserting ``fifteen''; and
(2) in the table--
(A) by striking the item relating to the ninth
circuit and inserting the following:
``Ninth........................
California, Guam, Hawaii,
Northern Marianas
Islands.'';
and
(B) by inserting after the item relating to the
eleventh circuit the following:
``Twelfth......................
Arizona, Nevada, Idaho,
Montana.
``Thirteenth...................
Alaska, Oregon, Washington.''.
(b) Places of Circuit Court.--The table contained in section 48(a)
of title 28, United States Code, is amended--
(1) by striking the item relating to the ninth circuit and
inserting the following:
``Ninth........................
San Francisco, Los Angeles.'';
and
(2) by inserting after the item relating to the eleventh
circuit the following:
``Twelfth......................
Las Vegas, Phoenix.
``Thirteen.....................
Portland, Seattle.''.
(c) Assignment of Circuit Judges.--Each circuit judge of the former
ninth circuit who is in regular active service and whose official duty
station on the day before the effective date of this Act--
(1) is in California, Guam, Hawaii, or the Northern
Marianas Islands shall be a circuit judge of the new ninth
circuit as of such effective date;
(2) is in Arizona, Nevada, Idaho, or Montana shall be a
circuit judge of the twelfth circuit as of such effective date;
and
(3) is in Alaska, Oregon, or Washington shall be a circuit
judge of the thirteenth circuit as of such effective date.
(d) Election of Assignment by Senior Judges.--Each judge who is a
senior circuit judge of the former ninth circuit on the day before the
effective date of this Act may elect to be assigned to the new ninth
circuit, the twelfth circuit, or the thirteenth circuit as of such
effective date, and shall notify the Director of the Administrative
Office of the United States Courts of such election.
(e) Seniority of Judges.--The seniority of each judge--
(1) who is assigned under subsection (c), or
(2) who elects to be assigned under subsection (d),
shall run from the date of commission of such judge as a judge of the
former ninth circuit.
(f) Application to cases.--The following apply to any case in
which, on the day before the effective date of this Act, an appeal or
other proceeding has been filed with the former ninth circuit:
(1) If the matter has been submitted for decision, further
proceedings with respect to the matter shall be had in the same
manner and with the same effect as if this Act had not been
enacted.
(2) If the matter has not been submitted for decision, the
appeal or proceeding, together with the original papers,
printed records, and record entries duly certified, shall, by
appropriate orders, be transferred to the court to which the
matter would have been submitted had this Act been in full
force and effect at the time such appeal was taken or
other proceeding commenced, and further proceedings with respect to the
case shall be had in the same manner and with the same effect as if the
appeal or other proceeding had been filed in such court.
(3) A petition for rehearing or a petition for rehearing en
banc in a matter decided before the effective date of this Act,
or submitted before the effective date of this Act and decided
on or after such effective date as provided in paragraph (1),
shall be treated in the same manner and with the same effect as
though this Act had not been enacted. If a petition for
rehearing en banc is granted, the matter shall be reheard by a
court comprised as though this Act had not been enacted.
(g) Temporary Assignment of Circuit Judges Among Circuits.--Section
291 of title 28, United States Code, is amended by adding at the end
the following:
``(c) The chief judge of the Ninth Circuit may, in the public
interest and upon request by the chief judge of the Twelfth Circuit or
the Thirteenth Circuit, designate and assign temporarily any circuit
judge of the Ninth Circuit to act as circuit judge in the Twelfth
Circuit or Thirteenth Circuit, as the case may be.
``(d) The chief judge of the Twelfth Circuit may, in the public
interest and upon request by the chief judge of the Ninth Circuit or
Thirteenth Circuit, designate and assign temporarily any circuit judge
of the Twelfth Circuit to act as circuit judge in the Ninth Circuit or
Thirteenth Circuit, as the case may be.
``(e) The chief judge of the Thirteenth Circuit may, in the public
interest and upon request by the chief judge of the Ninth Circuit or
the Twelfth Circuit, designate and assign temporarily any circuit judge
of the Thirteenth Circuit to act as circuit judge in the Ninth Circuit
or Twelfth Circuit, as the case may be.''.
(h) Temporary Assignment of District Judges Among Circuits.--
Section 292 of title 28, United States Code, is amended by adding at
the end the following:
``(f) The chief judge of the United States Court of Appeals for the
Ninth Circuit may in the public interest--
``(1) upon request by the chief judge of the Twelfth
Circuit or Thirteenth Circuit, designate and assign 1 or more
district judges within the Ninth Circuit to sit upon the Court
of Appeals of the Twelfth Circuit or Thirteenth Circuit (as the
case may be), or a division thereof, whenever the business of
that court so requires; and
``(2) designate and assign temporarily any district judge
within the Ninth Circuit to hold a district court in any
district within the Twelfth Circuit or Thirteenth Circuit.
``(g) The chief judge of the United States Court of Appeals for the
Twelfth Circuit may in the public interest--
``(1) upon request by the chief judge of the Ninth Circuit
or Thirteenth Circuit, designate and assign 1 or more district
judges within the Twelfth Circuit to sit upon the Court of
Appeals of the Ninth Circuit or Thirteenth Circuit (as the case
may be), or a division thereof, whenever the business of that
court so requires; and
``(2) designate and assign temporarily any district judge
within the Twelfth Circuit to hold a district court in any
district within the Ninth Circuit or Thirteenth Circuit.
``(h) The chief judge of the United States Court of Appeals for the
Thirteenth Circuit may in the public interest--
``(1) upon request by the chief judge of the Ninth Circuit
or Twelfth Circuit, designate and assign 1 or more district
judges within the Thirteenth Circuit to sit upon the Court of
Appeals of the Ninth Circuit or Twelfth Circuit (as the case
may be), or a division thereof, whenever the business of that
court so requires; and
``(2) designate and assign temporarily any district judge
within the Thirteenth Circuit to hold a district court in any
district within the Ninth Circuit or Twelfth Circuit.
``(i) Any designations or assignments under subsection (f), (g), or
(h) shall be in conformity with the rules or orders of the court of
appeals of, or the district within, as applicable, the circuit to which
the judge is designated or assigned.''.
(i) Administrative Coordination.--Section 332 of title 28, United
States Code, is amended by adding at the end the following:
``(i) Any 2 contiguous circuits among the Ninth Circuit, Twelfth
Circuit, and Thirteenth Circuit may jointly carry out such
administrative functions and activities as the judicial councils of the
2 circuits determine may benefit from coordination or consolidation.''.
(j) Administration.--The court of appeals for the ninth circuit as
constituted on the day before the effective date of this Act may take
such administrative action as may be required to carry out this Act and
the amendments made by this Act. Such court shall cease to exist for
administrative purposes 2 years after the effective date of this Act.
SEC. 5. NUMBER OF CIRCUIT JUDGES.
The table contained in section 44(a) of title 28, United States
Code, is amended--
(1) by amending the item relating to the ninth circuit to
read as follows:
``Ninth..................................................... 19'';
and
(2) by inserting after the item relating to the eleventh
circuit the following:
``Twelfth................................................... 8
``Thirteenth................................................ 6''.
SEC. 6. EFFECTIVE DATE.
(a) Section 3.--Section 3 shall take effect on the date of the
enactment of this Act.
(b) Section 6.--Except as provided in subsection (a), this Act and
the amendments made by this Act shall take effect on the first day of
the first fiscal year that begins at least 9 months after the date on
which all 5 judges authorized to be appointed under section 3(a), and
both judges authorized to be appointed under section 3(b), have been
appointed, by and with the advice and consent of the Senate.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Courts, the Internet, and Intellectual Property.
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