[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 920 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 920
To provide for the appointment of additional Federal circuit and
district judges, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 11, 2003
Mr. Hatch introduced the following bill; which was read twice and
referred to the Committee on the JudiciaryYYYYYYYYYYYYYYYYYYYYY
_______________________________________________________________________
A BILL
To provide for the appointment of additional Federal circuit and
district judges, 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 ``Federal Judgeship Act of 2003''.
SEC. 2. CIRCUIT JUDGES FOR THE CIRCUIT COURTS OF APPEALS.
(a) In General.--The President shall appoint, by and with the
advice and consent of the Senate--
(1) 1 additional circuit judge for the first circuit court
of appeals;
(2) 2 additional circuit judges for the second circuit
court of appeals;
(3) 1 additional circuit judge for the sixth circuit court
of appeals; and
(4) 5 additional circuit judges for the ninth circuit court
of appeals.
(b) Temporary Judgeships.--The President shall appoint, by and with
the advice and consent of the Senate, 2 additional circuit judges for
the ninth circuit court of appeals. The first 2 vacancies arising on
the court 10 years or more after judges are first confirmed to fill
both temporary circuit judgeships created by this subsection shall not
be filled.
(c) Tables.--In order that the table contained in section 44 of
title 28, United States Code, will, with respect to each judicial
circuit, reflect the changes in the total number of permanent circuit
judgeships authorized as a result of subsection (a) of this section,
such table is amended to read as follows:
``Circuits Number of Judges
District of Columbia.......................... 12
First......................................... 7
Second........................................ 15
Third......................................... 14
Fourth........................................ 15
Fifth......................................... 17
Sixth......................................... 17
Seventh....................................... 11
Eighth........................................ 11
Ninth......................................... 33
Tenth......................................... 12
Eleventh...................................... 12
Federal....................................... 12.''.
SEC. 3. DISTRICT JUDGES FOR THE DISTRICT COURTS.
(a) In General.--The President shall appoint, by and with the
advice and consent of the Senate--
(1) 1 additional district judge for the northern district
of Alabama;
(2) 1 additional district judge for the middle district of
Alabama;
(3) 3 additional district judges for the district of
Arizona;
(4) 1 additional district judge for the central district of
California;
(5) 3 additional district judges for the eastern district
of California;
(6) 1 additional district judge for the northern district
of California;
(7) 2 additional district judges for the southern district
of California;
(8) 2 additional district judges for the middle district of
Florida;
(9) 4 additional district judges for the southern district
of Florida;
(10) 1 additional district judge for the western district
of Missouri;
(11) 2 additional district judges for the district of New
Mexico;
(12) 3 additional district judges for the eastern district
of New York;
(13) 1 additional district judge for the district of
Oregon;
(14) 1 additional district judge for the district of South
Carolina;
(15) 2 additional district judges for the eastern district
of Virginia; and
(16) 1 additional district judge for the western district
of Washington.
(b) Temporary Judgeships.--The President shall appoint, by and with
the advice and consent of the Senate--
(1) 2 additional district judges for the central district
of California;
(2) 1 additional district judge for the northern district
of California;
(3) 3 additional district judges for the southern district
of California;
(4) 1 additional district judge for the district of
Colorado;
(5) 1 additional district judge for the middle district of
Florida;
(6) 1 additional district judge for the district of Idaho;
(7) 1 additional district judge for the northern district
of Illinois;
(8) 1 additional district judge for the northern district
of Indiana;
(9) 1 additional district judge for the southern district
of Indiana;
(10) 1 additional district judge for the northern district
of Iowa;
(11) 1 additional district judge for the district of New
Mexico;
(12) 1 additional district judge for the eastern district
of New York;
(13) 1 additional district judge for the western district
of New York; and
(14) 1 additional district judge for the district of Utah.
For the central district of California, the first 2 vacancies arising
on the district court 10 years or more after judges are first confirmed
to fill both temporary district judgeships created in that district by
this subsection shall not be filled. For the southern district of
California, the first 3 vacancies arising on the district court 10
years or more after judges are first confirmed to fill all 3 temporary
district judgeships created in that district by this subsection shall
not be filled. For each of the other judicial districts named in this
subsection, the first vacancy arising on the district court 10 years or
more after a judge is first confirmed to fill the temporary district
judgeship created in that district by this subsection shall not be
filled.
(c) Existing Judgeships.--The existing judgeships for the eastern
district of California, the district of Hawaii, the district of Kansas,
the eastern district of Missouri, and the district of Nebraska
authorized by section 203(c) of the Judicial Improvements Act of 1990
(Public Law 101-650; 104 Stat. 5089) as amended by Public Law 105-53,
as of the effective date of this Act, shall be authorized under section
133 of title 28, United States Code, and the incumbents in those
offices shall hold the office under section 133 of title 28, United
States Code, as amended by this Act.
(d) Tables.--In order that the table contained in section 133 of
title 28, United States Code, will, with respect to each judicial
district, reflect the changes in the total number of permanent district
judgeships authorized as a result of subsections (a) and (c) of this
section, such table is amended to read as follows:
``Districts Number of Judges
Alabama:
Northern................................................ 8
Middle.................................................. 4
Southern................................................ 3
Alaska...................................................... 3
Arizona..................................................... 15
Arkansas:
Eastern................................................. 5
Western................................................. 3
California:
Northern................................................ 15
Eastern................................................. 10
Central................................................. 28
Southern................................................ 15
Colorado.................................................... 7
Connecticut................................................. 8
Delaware.................................................... 4
District of Columbia........................................ 15
Florida:
Northern................................................ 4
Middle.................................................. 17
Southern................................................ 21
Georgia:
Northern................................................ 11
Middle.................................................. 4
Southern................................................ 3
Hawaii...................................................... 4
Idaho....................................................... 2
Illinois:
Northern................................................ 22
Central................................................. 4
Southern................................................ 4
Indiana:
Northern................................................ 5
Southern................................................ 5
Iowa:
Northern................................................ 2
Southern................................................ 3
Kansas...................................................... 6
Kentucky:
Eastern................................................. 5
Western................................................. 4
Eastern and Western..................................... 1
Louisiana:
Eastern................................................. 12
Middle.................................................. 3
Western................................................. 7
Maine....................................................... 3
Maryland.................................................... 10
Massachusetts............................................... 13
Michigan:
Eastern................................................. 15
Western................................................. 4
Minnesota................................................... 7
Mississippi:
Northern................................................ 3
Southern................................................ 6
Missouri:
Eastern................................................. 7
Western................................................. 6
Eastern and Western..................................... 2
Montana..................................................... 3
Nebraska.................................................... 4
Nevada...................................................... 7
New Hampshire............................................... 3
New Jersey.................................................. 17
New Mexico.................................................. 8
New York:
Northern................................................ 5
Southern................................................ 28
Eastern................................................. 18
Western................................................. 4
North Carolina:
Eastern................................................. 4
Middle.................................................. 4
Western................................................. 4
North Dakota................................................ 2
Ohio:
Northern................................................ 11
Southern................................................ 8
Oklahoma:
Northern................................................ 3
Eastern................................................. 1
Western................................................. 6
Northern, Eastern, and Western.......................... 1
Oregon...................................................... 7
Pennsylvania:
Eastern................................................. 22
Middle.................................................. 6
Western................................................. 10
Puerto Rico................................................. 7
Rhode Island................................................ 3
South Carolina.............................................. 11
South Dakota................................................ 3
Tennessee:
Eastern................................................. 5
Middle.................................................. 4
Western................................................. 5
Texas:
Northern................................................ 12
Southern................................................ 19
Eastern................................................. 7
Western................................................. 13
Utah........................................................ 5
Vermont..................................................... 2
Virginia:
Eastern................................................. 13
Western................................................. 4
Washington:
Eastern................................................. 4
Western................................................. 8
West Virginia:
Northern................................................ 3
Southern................................................ 5
Wisconsin:
Eastern................................................. 5
Western................................................. 2
Wyoming..................................................... 3.''.
SEC. 4. ESTABLISHMENT OF ARTICLE III COURTS IN THE NORTHERN MARIANA
ISLANDS AND THE VIRGIN ISLANDS.
(a) Establishment of Judicial Districts.--
(1) Northern mariana islands.--Chapter 5 of title 28,
United States Code, is amended by inserting after section 114
the following:
``Sec. 114A. Northern Mariana Islands
``The Northern Mariana Islands constitute 1 judicial district.
``Court shall be held at Saipan.''.
(2) Virgin islands.--Chapter 5 of title 28, United States
Code, is further amended by inserting after section 126 the
following:
``Sec. 126A. Virgin Islands
``The Virgin Islands constitute 1 judicial district comprising 2
divisions.
``(1) The Saint Croix Division comprises the Island of
Saint Croix and adjacent islands and cays.
``Court for the Saint Croix Division shall be held at
Christiansted.
``(2) The Saint Thomas and Saint John Division comprises
the Islands of Saint Thomas and Saint John and adjacent islands
and cays.
``Court for the Saint Thomas and Saint John Division shall
be held at Charlotte-Amalie.''.
(3) Technical and conforming amendments.--The table of
contents for chapter 5 of title 28, United States Code, is
amended--
(A) by inserting after the item relating to section
114 the following:
``114A. Northern Mariana Islands.'';
and
(B) by inserting after the item relating to section
126 the following:
``126A. Virgin Islands.''.
(b) Composition of Ninth Circuit.--Section 41 of title 28, United
States Code, is amended in the matter relating to the Ninth Circuit by
inserting ``, Northern Mariana Islands'' after ``Hawaii''.
(c) Number of Judges.--Section 133(a) of title 28, United States
Code, is amended--
(1) by inserting after the item relating to North Dakota
the following:
``Northern Mariana Islands.................... 1'';
and
(2) by inserting after the item relating to Vermont the
following:
``Virgin Islands.............................. 2''.
(d) Bankruptcy Judges.--Section 152(a)(2) of title 28, United
States Code, is amended--
(1) by inserting after the item relating to North Dakota
the following:
``Northern Mariana Islands.................... 0'';
and
(2) by inserting after the item relating to Vermont the
following:
``Virgin Islands.............................. 0''.
(e) Assignment of Judges.--
(1) In general.--Chapter 13 of title 28, United States
Code, is amended by adding after section 297 the following:
``Sec. 298. Assignment to the United States District Court for the
District of the Northern Mariana Islands
``In addition to the judges authorized to be designated by sections
291 and 292, the chief judge of the United States Court of Appeals for
the Ninth Circuit may assign judges of courts of record of the Northern
Mariana Islands or Guam, including a judge of the District Court of
Guam who is appointed by the President or a recalled senior judge of
the District Court of Guam, to serve temporarily as a judge in the
United States District Court for the District of the Northern Mariana
Islands whenever such an assignment is necessary for the proper
dispatch of the business of the court. The judges assigned under this
section shall have the powers of a magistrate judge.''.
(2) Technical and conforming amendment.--The table of
sections for chapter 13 of title 28, United States Code, is
amended by adding after the item relating to section 297 the
following:
``298. Assignment to the United States District Court for the District
of the Northern Mariana Islands.''.
(f) Judicial Conferences of Circuits.--Section 333 of title 28,
United States Code, is amended in the third sentence of the first
undesignated paragraph by striking ``, the District Court of the Virgin
Islands, and the District Court of the Northern Mariana Islands may
also be summoned biennially, and may be summoned annually, to the
conferences of their respective circuits'' and inserting ``may also be
summoned biennially, and may be summoned annually, to the conference of
the ninth circuit''.
(g) Judges in Territories and Possessions.--Section 373 of title
28, United States Code, is amended--
(1) in subsection (a), by striking ``, the District Court
of the Northern Mariana Islands, or the District Court of the
Virgin Islands''; and
(2) in subsection (e), by striking ``, the District Court
of the Northern Mariana Islands, or the District Court of the
Virgin Islands''.
(h) Annuities for Survivors of Certain Judicial Officials of the
United States.--Section 376(a) of title 28, United States Code, is
amended--
(1) in paragraph (1)(B), by striking ``, the District Court
of the Northern Mariana Islands, or the District Court of the
Virgin Islands''; and
(2) in paragraph (2)(B), by striking ``, the District Court
of the Northern Mariana Islands, or the District Court of the
Virgin Islands,''.
(i) Authority of Attorney General.--Section 526(a)(2) of title 28,
United States Code, is amended by striking ``and of the district court
of the Virgin Islands''.
(j) Courts Defined.--Section 610 of title 28, United States Code,
is amended--
(1) by striking ``the United States District Court for the
District of the Canal Zone,''; and
(2) by striking ``the District Court of the Virgin
Islands,''.
(k) United States Magistrate Judges.--Section 631 of title 28,
United States Code, is amended--
(1) in subsection (a)--
(A) in the first sentence by striking ``the Virgin
Islands, Guam,'' and inserting ``Guam''; and
(B) by striking the second sentence; and
(2) in subsection (b)(1), by inserting ``the Commonwealth
of the Northern Mariana Islands,'' after ``Puerto Rico,''.
(l) Court Reporters.--Section 753(a) of title 28, United States
Code, is amended by striking ``, the United States District Court for
the District of the Canal Zone, the District Court of Guam, and the
District Court of the Virgin Islands'' and inserting ``and the District
Court of Guam''.
(m) Final Decisions of District Courts.--Section 1291 of title 28,
United States Code, is amended by striking ``, the United States
District Court for the District of the Canal Zone, the District Court
of Guam, and the District Court of the Virgin Islands,'' and inserting
``and the District Court of Guam,''.
(n) Interlocutory Decisions.--Section 1292 of title 28, United
States Code, is amended--
(1) in subsection (a), by striking ``, the United States
District Court for the District of the Canal Zone, the District
Court of Guam, and the District Court of the Virgin Islands,''
and inserting ``and the District Court of Guam,''; and
(2) in subsection (d)(4)(A), by striking ``, the District
Court of Guam, the District Court of the Virgin Islands, or the
District Court for the Northern Mariana Islands,'' and
inserting ``or the District Court of Guam,''.
(o) Jurisdiction of the United States Court of Appeals for the
Federal Circuit.--Section 1295(a) of title 28, United States Code, is
amended in paragraphs (1) and (2), by striking ``, the United States
District Court for the District of the Canal Zone, the District Court
of Guam, or the District Court for the Northern Mariana Islands'' and
inserting ``or the District Court of Guam''.
(p) Diversity Jurisdiction.--Section 1332(d) of title 28, United
States Code, is amended by striking ``and the Commonwealth of Puerto
Rico'' and inserting ``the Commonwealth of Puerto Rico, and the
Commonwealth of the Northern Mariana Islands''.
(q) United States as Defendant.--Section 1346(b) of title 28,
United States Code, is amended by striking ``, together with the United
States District Court for the District of the Canal Zone and the
District Court of the Virgin Islands,''.
(r) Adequate Representation of Defendants.--Section 3006A(j) of
title 18, United States Code, is amended by striking ``, the District
Court of the Virgin Islands, the District Court for the Northern
Mariana Islands,''.
(s) Savings Provisions.--
(1) Tenure of incumbent judges.--A judge of the District
Court for the Northern Mariana Islands or of the District Court
of the Virgin Islands in office on the effective date of this
section shall continue in office until the expiration of the
term for which the judge was appointed, or until the judge
dies, resigns, or is removed from office, whichever occurs
first. When a vacancy occurs on the court on or after the
effective date of this section, the President, in accordance
with sections 133(a) and 134(a) of title 28, United States
Code, shall appoint, by and with the advice and consent of the
Senate, a judge who shall hold office during good behavior.
(2) Retirement rights and benefits.--The amendments made by
this section shall not affect the rights under sections 373 and
376 of title 28, United States Code, of any judge of the
District Court for the Northern Mariana Islands or the District
Court of the Virgin Islands who retires on or before the
effective date of this section or who continues in office after
that date under paragraph (1) of this subsection. Service as a
judge of the District Court for the Northern Mariana Islands
appointed under the first section of the Act of November 8,
1977 (Public Law 95-157, 91 Stat. 1265; 48 U.S.C. 1821) or
judge of the District Court of the Virgin Islands appointed
under section 24 of the Revised Organic Act of the Virgin
Islands (48 U.S.C. 1614) shall be included in calculating
service under sections 371 and 372 of title 28, United States
Code, and shall not be counted for purposes of section 373 of
that title, if the judge is reappointed to hold office during
good behavior after the effective date of this section.
(t) Amendments To Act To Create the District Court of the Northern
Mariana Islands.--
(1) In general.--The Act of November 8, 1977 (Public Law
95-157; 91 Stat. 1265) is amended--
(A) in section 4(a) (48 U.S.C. 1824(a))--
(i) by striking ``(a)'';
(ii) by striking ``, except as otherwise
provided in article IV of the covenant'';
(iii) by striking all beginning with ``,
unless those cases are reviewable in the
District Court for the Northern Mariana
Islands'' through the period and inserting a
period; and
(iv) by striking subsection (b); and
(B) by striking--
(i) the first section (48 U.S.C. 1821);
(ii) section 2 (48 U.S.C. 1822);
(iii) section 3 (48 U.S.C. 1823);
(iv) section 5 (48 U.S.C. 1825); and
(v) section 6 (48 U.S.C. 1826).
(2) Superseding provisions.--To the extent that the
amendments made by this subsection are inconsistent with
article IV of the Covenant to Establish a Commonwealth of the
Northern Mariana Islands in Political Union with the United
States of America (48 U.S.C. 1801 note), article IV is
superseded.
(u) Amendments to Revised Organic Act of the Virgin Islands.--
(1) Repeals.--Sections 24, 25, 26, and 27 of the Revised
Organic Act of the Virgin Islands (48 U.S.C. 1614, 1615, 1616,
and 1617) are repealed.
(2) Rights and prohibitions.--Section 3 of the Revised
Organic Act of the Virgin Islands (48 U.S.C. 1561) is amended
in the 23d undesignated paragraph--
(A) by inserting ``article III;'' after ``section
9, clauses 2 and 3;''; and
(B) by striking ``That all offenses against the
laws of the United States and the laws of the Virgin
Islands which are prosecuted in the district court
pursuant to sections 1612(a) and (c) of this title may
be had by indictment by grand jury or by information,
and that all offenses against the laws of the Virgin
Islands which are prosecuted in the district court
pursuant to section 1612(b) of this title or'' and
inserting ``That all offenses against the laws of the
Virgin Islands which are prosecuted''.
(3) Jurisdiction.--Section 21 of the Revised Organic Act of
the Virgin Islands (48 U.S.C. 1611) is amended to read as
follows:
``SEC. 21. JURISDICTION OF THE COURTS OF THE VIRGIN ISLANDS.
``(a) Jurisdiction of the Courts of the Virgin Islands.--The
judicial power of the Virgin Islands shall be vested in such trial and
appellate courts as may have been or may hereafter be established by
local law. The local courts of the Virgin Islands shall have
jurisdiction over all causes of action in the Virgin Islands over which
any court established by the Constitution and laws of the United States
does not have exclusive jurisdiction.
``(b) Practice and Procedure.--The rules governing the practice and
procedure of the courts established by local law and those prescribing
the qualifications and duties of the judges and officers thereof, oaths
and bonds, and the times and places of holding court shall be governed
by local law or the rules promulgated by those courts.''.
(4) Income tax matters.--Section 22 of the Revised Organic
Act of the Virgin Islands (48 U.S.C. 1612) is amended to read
as follows:
``SEC. 22. JURISDICTION OVER INCOME TAX MATTERS.
``The United States District Court for the District of the Virgin
Islands shall have exclusive jurisdiction over all criminal and civil
proceedings in the Virgin Islands with respect to the income tax laws
applicable to the Virgin Islands, except the ancillary laws relating to
the income tax enacted by the legislature of the Virgin Islands. Any
act or failure to act with respect to the income tax laws applicable to
the Virgin Islands which would constitute a criminal offense described
in chapter 75 of subtitle F of the Internal Revenue Code of 1986 shall
constitute an offense against the Government of the Virgin Islands and
may be prosecuted in the name of the Government of the Virgin Islands
by the appropriate officers thereof in the United States District Court
for the District of the Virgin Islands without the request or consent
of the United States Attorney for the Virgin Islands.''.
(5) Appellate jurisdiction.--Section 23A of the Revised
Organic Act of the Virgin Islands (48 U.S.C. 1613a(b)) is
amended--
(A) by striking ``District Court of the Virgin
Islands'' each place it appears and inserting ``United
States District Court for the District of the Virgin
Islands''; and
(B) in subsection (b), by striking ``pursuant to
section 24(a) of this Act: Provided, That no more than
one of them may be a judge of a court established by
local law.'' and inserting ``pursuant to chapter 13 of
title 28, United States Code, or a recalled senior
judge of the former District Court of the Virgin
Islands. The chief judge of the United States Court of
Appeals for the Third Circuit may assign to the
appellate division a judge of a court of record of the
Virgin Islands, except that no more than 1 of the
judges sitting in the appellate division at any session
may be a judge of a court established by local law.''.
(v) Additional References.--Any reference in any provision of law
to the ``District Court for the Northern Mariana Islands'' shall, on
and after the effective date of this section, be deemed to be a
reference to the United States District Court for the District of the
Northern Mariana Islands. Any reference in any provision of law to the
``District Court of the Virgin Islands'' shall, on and after the
effective date of this section, be deemed to be a reference to the
United States District Court for the District of the Virgin Islands.
(w) Effective Date.--This section and the amendments made by this
section shall take effect at the end of the 90-day period beginning on
the date of enactment. Any complaint or proceeding pending in the
District Court of the Virgin Islands on the effective date of this
section may be pursued to final determination in the United States
District Court for the District of the Virgin Islands, the United
States Court of Appeals for the Third Circuit, the United States Court
of Appeals for the Federal Circuit, and the Supreme Court of the United
States. Any complaint or proceeding pending in the District Court for
the Northern Mariana Islands on the effective date of this section may
be pursued to final determination in the United States District Court
for the District of the Northern Mariana Islands, the United States
Court of Appeals for the Ninth Circuit, the United States Court of
Appeals for the Federal Circuit, and the Supreme Court of the United
States.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out the provisions of this Act, including such sums
as may be necessary to provide appropriate space and facilities for the
judicial positions created by this Act.
SEC. 6. EFFECTIVE DATE.
Except as provided in section 4(w), this Act shall take effect on
the date of enactment.
<all>