[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2723 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 2723
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 circuits, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 14, 2003
Mr. Simpson 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 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 2003''.
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........................
Arizona, California, Nevada.'';
and
(B) by inserting after the item relating to the
eleventh circuit the following:
``Twelfth......................
Alaska, Guam, Hawaii, Idaho,
Montana, Northern
Mariana Islands,
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 court of appeals,
whose official duty stations 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 additional
circuit judges for the new ninth circuit court of appeals. The
judges authorized by this paragraph shall not be appointed
before January 21, 2005.
(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 court of appeals,
whose official duty stations shall be in Arizona, California,
or Nevada.
(2) Effect of vacancies.--The first 2 vacancies occurring
on the new ninth circuit court of appeals 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..................................................... 24'';
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........................
San Francisco, Pasadena,
Phoenix.'';
and
(2) by inserting after the item relating to the eleventh
circuit the following:
``Twelfth......................
Portland, Seattle.''.
SEC. 7. 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 Arizona, California, or Nevada shall be a circuit
judge of the new ninth circuit as of such effective date; and
(2) is in Alaska, Guam, Hawaii, Idaho, Montana, Northern
Mariana Islands, Oregon, or Washington shall be a circuit judge
of the twelfth circuit as of such effective date.
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 designations or assignments 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 or 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 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 on October 1, 2006.
SEC. 15. EFFECTIVE DATE.
Except as provided in section 4(c), this Act and the amendments
made by this Act shall take effect on October 1, 2004.
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