Ninth Circuit Court of Appeals Judgeship and Reorganization Act of 2023
This bill divides the U.S. Court of Appeals for the Ninth Circuit into two judicial circuits: (1) the Ninth Circuit, and (2) a new Twelfth Circuit.
The Ninth Circuit is composed of California, Guam, Hawaii, and Northern Mariana Islands. The new Twelfth Circuit is composed of Alaska, Arizona, Idaho, Montana, Nevada, Oregon, and Washington.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 270 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 270
To amend title 28, United States Code, to provide for the appointment
of additional Federal circuit judges, to divide the Ninth Judicial
Circuit of the United States into two judicial circuits, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 10, 2023
Mr. Simpson (for himself and Mr. Fulcher) introduced the following
bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 28, United States Code, to provide for the appointment
of additional Federal circuit judges, to divide the Ninth Judicial
Circuit of the United States into two judicial 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 of Appeals
Judgeship and Reorganization Act of 2023''.
SEC. 2. DEFINITIONS.
In this Act--
(1) 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) the term ``new ninth circuit'' means the ninth judicial
circuit of the United States established by the amendment made
by section 3(2)(A); and
(3) the term ``twelfth circuit'' means the twelfth judicial
circuit of the United States established by the amendment made
by section 3(2)(B).
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, Guam, Hawaii,
Northern Mariana Islands.'';
and
(B) by inserting after the item relating to the
eleventh circuit the following:
``Twelfth................................ Alaska, Arizona, Idaho,
Montana, Nevada, Oregon,
Washington.''.
SEC. 4. JUDGESHIPS.
(a) New Judgeships.--
(1) For former ninth circuit.--The President shall appoint,
by and with the advice and consent of the Senate, 2 additional
circuit judges for the former ninth circuit. The official duty
station of a judge appointed under this paragraph shall be in
Arizona, California, or Nevada.
(2) For new ninth circuit.--The President shall appoint, by
and with the advice and consent of the Senate, 3 circuit judges
for the new ninth circuit. The judges authorized by this
paragraph shall not be appointed before January 21, 2023.
(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. The official duty
station of a judge appointed under this paragraph shall be in
Arizona, California, or Nevada.
(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.
(c) Effective Date.--This section shall take effect on the date of
the enactment 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 striking the item relating to the ninth circuit and
inserting the following:
``Ninth.................................................... 25'';
and
(2) by inserting after the item relating to the eleventh
circuit the following:
``Twelfth.................................................. 9''.
SEC. 6. 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.................................. Honolulu, San Francisco,
Pasadena.'';
and
(2) by inserting after the item relating to the eleventh
circuit the following:
``Twelfth................................ Phoenix, Seattle.''.
SEC. 7. ASSIGNMENT OF CIRCUIT JUDGES.
(a) In General.--Except as provided in subsection (b), 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 Mariana
Islands shall be a circuit judge of the new ninth circuit as of
such effective date; and
(2) is in Alaska, Arizona, Idaho, Montana, Nevada, Oregon,
or Washington shall be a circuit judge of the twelfth circuit
as of such effective date.
(b) Special Rule To Ensure Statutory Distribution of Judges.--If
the assignment of judges under subsection (a) would result in a number
of judges in either the new ninth circuit or the twelfth circuit that
exceeds the number provided for that circuit in the table contained in
section 44(a) of title 28, United States Code, as amended by section 5
of this Act, then a number of judges accounting for such excess who are
the least senior in commission shall be assigned to the other circuit.
SEC. 8. 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 or to 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. 9. SENIORITY OF JUDGES.
The seniority of each judge--
(1) who is assigned under section 7, or
(2) who elects to be assigned under section 8,
shall run from the date of commission of such judge as a judge of the
former ninth circuit.
SEC. 10. 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.
SEC. 11. TEMPORARY ASSIGNMENT OF CIRCUIT JUDGES BETWEEN CIRCUITS.
Section 291 of title 28, United States Code, is amended by adding
at the end the following new subsections:
``(c) The chief judge of the ninth circuit may, in the public
interest and upon request by the chief judge of the twelfth circuit,
designate and assign temporarily any circuit judge of the ninth circuit
to act as circuit judge in the twelfth circuit.
``(d) The chief judge of the twelfth circuit may, in the public
interest and upon request by the chief judge of the ninth circuit,
designate and assign temporarily any circuit judge of the twelfth
circuit to act as circuit judge in the ninth circuit.''.
SEC. 12. TEMPORARY ASSIGNMENT OF DISTRICT JUDGES BETWEEN CIRCUITS.
Section 292 of title 28, United States Code, is amended by adding
at the end the following new subsections:
``(f) The chief judge of the ninth circuit may in the public
interest--
``(1) upon request by the chief judge of the twelfth
circuit, designate and assign one or more district judges
within the ninth circuit to sit upon the Court of Appeals of
the Twelfth Circuit or a division thereof whenever the business
of that court so requires; and
``(2) designate and assign temporarily any district judge
of the ninth circuit to hold a district court in any district
within the twelfth circuit.
``(g) The chief judge of the twelfth circuit may in the public
interest--
``(1) upon request by the chief judge of the ninth circuit,
designate and assign one or more district judges within the
twelfth circuit to sit upon the Court of Appeals of the Ninth
Circuit or a division thereof whenever the business of that
court so requires; and
``(2) designate and assign temporarily any district judge
of the twelfth circuit to hold a district court in any district
within the ninth circuit.
``(h) Any designation and assignment of a judge under subsection
(f)(1) or (g)(1) shall be in conformity with the rules or orders of the
court of appeals of the circuit to which the judge is designated and
assigned.''.
SEC. 13. ADMINISTRATIVE COORDINATION.
Section 332 of title 28, United States Code, is amended by adding
at the end the following new subsection:
``(i) Any 2 contiguous circuits may jointly carry out such
administrative functions and activities as the judicial councils of the
2 circuits determine may benefit from coordination or consolidation.''.
SEC. 14. ADMINISTRATION.
The United States 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 upon the expiration of the 2-year period
beginning on the effective date of this Act.
SEC. 15. EFFECTIVE DATE.
Except as provided in section 4(c), this Act and the amendments
made by this Act shall take effect on the first day of the first fiscal
year that begins after the expiration of the 9-month period beginning
on the first date on which 5 of the judges authorized to be appointed
under section 4 have been confirmed by the United States Senate.
SEC. 16. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act, including funds for additional court
facilities.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
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