S. 2774 – Reading Mode

Calendar No. 891

110th CONGRESS

2d Session

S. 2774

[Report No. 110–427]

IN THE SENATE OF THE UNITED STATES

March 13, 2008

Mr. Leahy (for himself, Mr. Hatch, Mrs. Feinstein, Mr. Schumer, Mr. Inouye, Mr. Menendez, Mrs. Murray, Mr. Harkin, Mr. Bingaman, Mr. Hagel, Mr. Brown, Mr. Salazar, Mr. Nelson of Nebraska, Mr. Martinez, Mr. Akaka, Mr. Lugar, Mr. Graham, Ms. Klobuchar, Mr. Coleman, Mr. Bayh, and Mr. Kennedy) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

July 21 (legislative day, July 17), 2008

Reported by Mr. Leahy, without amendment

A BILL

To provide for the appointment of additional Federal circuit and district judges, and for other purposes.

Short title

This Act may be cited as the Federal Judgeship Act of 2008.

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)

2 additional circuit judges for the third circuit court of appeals;

(4)

1 additional circuit judge for the sixth circuit court of appeals;

(5)

2 additional circuit judges for the eighth circuit court of appeals; and

(6)

4 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	11
First	7
Second	15
Third	16
Fourth	15
Fifth	17
Sixth	17
Seventh	11
Eighth	13
Ninth	33
Tenth	12
Eleventh	12
Federal	12.

District judges for the district courts

(a)

In general

The President shall appoint, by and with the advice and consent of the Senate—

(1)

4 additional district judges for the district of Arizona;

(2)

4 additional district judges for the central district of California;

(3)

4 additional district judges for the eastern district of California;

(4)

2 additional district judges for the northern district of California;

(5)

1 additional district judge for the district of Colorado;

(6)

4 additional district judges for the middle district of Florida;

(7)

2 additional district judges for the southern district of Florida;

(8)

1 additional district judge for the southern district of Indiana;

(9)

1 additional district judge for the district of Minnesota;

(10)

1 additional district judge for the western district of Missouri;

(11)

1 additional district judge for the district of Nebraska;

(12)

1 additional district judge for the district of New Mexico;

(13)

3 additional district judges for the eastern district of New York;

(14)

1 additional district judge for the western district of New York;

(15)

1 additional district judge for the district of Oregon;

(16)

1 additional district judge for the district of South Carolina;

(17)

1 additional district judge for the eastern district of Texas;

(18)

2 additional district judges for the southern district of Texas;

(19)

1 additional district judge for the western district of Texas;

(20)

1 additional district judge for the eastern district of Virginia; and

(21)

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)

1 additional district judge for the middle district of Alabama;

(2)

1 additional district judge for the district of Arizona;

(3)

1 additional district judge for the central district of California;

(4)

1 additional district judge for the northern district of California;

(5)

1 additional district judge for the district of Colorado;

(6)

1 additional district judge for the middle district of Florida;

(7)

1 additional district judge for the southern district of Florida;

(8)

1 additional district judge for the district of Idaho;

(9)

1 additional district judge for the northern district of Iowa;

(10)

1 additional district judge for the district of Nevada;

(11)

1 additional district judge for the district of New Jersey;

(12)

1 additional district judge for the district of New Mexico;

(13)

1 additional district judge for the district of Oregon; and

(14)

1 additional district judge for the district of Utah.

For each of the 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

(1)

The existing judgeships for the district of Hawaii, the district of Kansas, and the eastern district of Missouri 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, and the existing judgeships for the district of Arizona and the district of New Mexico authorized by section 312(c) of the 21st Century Department of Justice Appropriations Authorization Act (Public Law 107–273, 116 Stat. 1758), 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.

(2)

The existing judgeship for the northern district of Ohio 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 extended. The first vacancy in the office of district judge in this district occurring 20 years or more after the confirmation date of the judge named to fill the temporary judgeship created by section 302(c) shall not be filled.

(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	Judges
Alabama:
Northern	7
Middle	3
Southern	3
Alaska	3
Arizona	17
Arkansas:
Eastern	5
Western	3
California:
Northern	16
Eastern	10
Central	31
Southern	13
Colorado	8
Connecticut	8
Delaware	4
District of Columbia	15
Florida:
Northern	4
Middle	19
Southern	19
Georgia:
Northern	11
Middle	4
Southern	3
Hawaii	4
Idaho	2
Illinois:
Northern	22
Central	4
Southern	4
Indiana:
Northern	5
Southern	6
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	8
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	5
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	21
Eastern	8
Western	14
Utah	5
Vermont	2
Virginia:
Eastern	12
Western	4
Washington:
Eastern	4
Western	8
West Virginia:
Northern	3
Southern	5
Wisconsin:
Eastern	5
Western	2
Wyoming	3.

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.

Effective date

(a)

In general

This Act (including the amendments made by this Act) shall take effect on January 21, 2009.

(b)

Coordination rule

The amendments made by this Act shall take effect after the amendment made by section 509(a)(2) of the Court Security Improvement Act of 2007 (Public Law 110–177; 121 Stat 2543).

July 21 (legislative day, July 17), 2008

Reported without amendment