[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 562 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 562
To amend chapter 3 of title 28, United States Code, to divide the Ninth
Judicial Circuit of the United States into 2 circuits, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 6, 2003
Ms. Murkowski (for herself, Mr. Stevens, Mr. Burns, Mr. Craig, Mr.
Crapo, Mr. Inhofe, and Mr. Smith) introduced the following bill; which
was read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend chapter 3 of 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 of Appeals
Reorganization Act of 2003''.
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(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 3(2)(C).
SEC. 3. NUMBER AND COMPOSITION OF CIRCUITS.
Section 41 of title 28, United States Code, is amended--
(1) in the matter before 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, Nevada.'';
and
(B) by inserting between the last 2 items the
following:
``Twelfth.............. Alaska, Arizona, Guam, Hawaii, Idaho, Montana, Northern Mariana Islands,
Oregon, Washington.''.
SEC. 4. NUMBER OF CIRCUIT JUDGES.
The table 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 between the last 2 items the following:
``Twelfth..................................... 13.''
SEC. 5. PLACES OF CIRCUIT COURT.
The table 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 between the last 2 items at the end the
following:
``Twelfth.............. Portland, Seattle.''.
SEC. 6. ELECTION OF ASSIGNMENT BY CIRCUIT JUDGES.
(a) In General.--Except as provided in subsection (b) and
notwithstanding section 44(c) of title 28, United States Code, each
circuit judge who is in regular active service, and each judge who is a
senior 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 and shall notify the Director of the
Administrative Office of the United States Courts of such election.
SEC. 7. SENIORITY OF JUDGES.
The seniority of each judge who elects to be assigned under section
6 shall run from the date of commission of such judge as a judge of the
former ninth circuit.
SEC. 8. APPLICATION TO CASES.
(a) In General.--The provisions of the following paragraphs of this
subsection 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 in respect of 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 in respect of 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 re-hearing
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 the 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. 9. ADMINISTRATION.
(a) Actions.--The former ninth circuit as constituted on the day
before the effective date of this Act may take such administrative
actions as may be required to carry out this Act and the amendments
made by this Act.
(b) Termination.--The former ninth circuit shall cease to exist for
administrative purposes on July 1, 2005.
(c) Meetings.--During the 10 years following the date of enactment
of this Act, the new ninth circuit and the twelfth circuit may meet in
either circuit's jurisdiction.
SEC. 10. EFFECTIVE DATE.
This Act and the amendments made by this Act shall become effective
on October 1, 2003.
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