Ninth Circuit Court Modernization and Twelfth Circuit Court Creation Act of 2017
This bill divides the U.S. Court of Appeals for the Ninth Circuit into: (1) a new Ninth Circuit that consists of only California; and (2) a newly established Twelfth Circuit to be composed of Alaska, Arizona, Idaho, Montana, Nevada, Oregon, Washington, Guam, and Hawaii.
The Twelfth Circuit must hold regular sessions in Las Vegas, Phoenix, Anchorage, Missoula, Portland, and Seattle.
Each circuit judge of the former Ninth Circuit who is in regular active service and whose official duty station is currently in Alaska, Arizona, Idaho, Montana, Oregon, Washington, Guam, Hawaii, the Northern Mariana Islands, or Nevada shall be a circuit judge of the new Ninth Circuit.
The President shall appoint, with the advice of the Senate, 17 circuit judges for the new Twelfth Circuit, selected from the states assigned to that circuit.
Senior circuit judges of the former Ninth Circuit currently stationed in Alaska, Arizona, Idaho, Montana, Oregon, Washington, Guam, Hawaii, Nevada, or the Northern Mariana Islands may elect their circuit assignment.
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1598 Introduced in House (IH)]
<DOC>
115th CONGRESS
1st Session
H. R. 1598
To amend title 28, United States Code, to divide the ninth judicial
circuit of the United States into 2 circuits, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 17, 2017
Mr. Gohmert (for himself and Mr. Duncan of South Carolina) introduced
the following bill; which was referred to the Committee on the
Judiciary
_______________________________________________________________________
A BILL
To amend title 28, United States Code, to divide the ninth judicial
circuit of the United States into 2 circuits, 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 Court Modernization
and Twelfth Circuit Court Creation Act of 2017''.
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 3.
(3) Twelfth circuit.--The term ``twelfth circuit'' means
the twelfth judicial circuit of the United States established
by the amendment made by section 3.
SEC. 3. 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 ``fourteen''; and
(2) in the table--
(A) by striking the item relating to the ninth
circuit and inserting the following:
``Ninth.................................. California.'';
and
(B) by inserting after the item relating to the
eleventh circuit the following:
``Twelfth................................ Alaska, Arizona, Idaho,
Montana, Nevada, Oregon,
Washington, Guam, Hawaii.''.
SEC. 4. NUMBER OF CIRCUIT JUDGES.
The table contained in section 44(a) of title 28, United States
Code, is amended by inserting after the item relating to the eleventh
circuit the following:
``Twelfth................................ 17''.
SEC. 5. PLACES OF CIRCUIT COURT.
The table contained in section 48(a) of title 28, United States
Code, is amended by--
(1) deleting ``Portland'' and ``Seattle'' in the item
relating to the ninth circuit; and
(2) inserting after the item relating to the eleventh
circuit the following:
``Twelfth................................ Las Vegas, Phoenix,
Anchorage, Missoula,
Portland, Seattle.''.
SEC. 6. JUDGESHIPS.
(a) In General.--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 is in Alaska, Arizona, Idaho,
Montana, Oregon, Washington, Guam, Hawaii, or the Northern Mariana
Islands or Nevada shall be a circuit judge of the new ninth circuit as
of such effective date.
(b) Appointment of Judges for the Twelfth Circuit.--The President
shall appoint, by and with the advice of the Senate, 17 circuit judges
for the new twelfth circuit, selected from the States assigned to the
new twelfth circuit. The official duty station of a judge appointed
under this paragraph shall be the locations in the table contained in
section 48(a) of title 28, United States Code, as amended by this Act.
SEC. 7. ELECTION OF ASSIGNMENT BY SENIOR JUDGES.
Each judge who is a senior circuit judge of the former ninth
circuit, whose official duty station on the day before the effective
date of this Act is in Alaska, Arizona, Idaho, Montana, Oregon,
Washington, Guam, Hawaii, Nevada, or the Northern Mariana Islands, may
elect to be assigned to the new ninth circuit or the twelfth circuit as
of such effective date and shall notify the Director of the
Administrative Office of the United States Courts of such election.
SEC. 8. SENIORITY OF JUDGES.
The seniority of each judge appointed under section 6(b) shall run
from the date of commission of such judge as a judge of the twelfth
circuit.
SEC. 9. 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) Except as provided in paragraph (3), 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 on the date on which 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) If a petition for rehearing en banc is pending on or
after the effective date of this Act, the petition shall be
considered by the court of appeals to which the petition would
have been submitted had this Act been in full force and effect
on the date on which the appeal or other proceeding was filed
with the court of appeals.
SEC. 10. 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.
SEC. 11. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect
immediately upon enactment of this Act.
SEC. 12. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act and the amendments made by this Act,
including such sums as may be necessary to provide appropriate space
and facilities for any judicial positions created by this Act or an
amendment made by this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Courts, Intellectual Property, and the Internet.
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