[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3654 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 3654

  To amend title 28, United States Code, to divide the ninth judicial 
circuit of the United States into two circuits, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 22, 1993

 Mr. Kopetski (for himself, Mrs. Unsoeld, Mr. Farr of California, Mr. 
  Young of Alaska, and Mr. Smith of Oregon) introduced the following 
       bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To amend title 28, United States Code, 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 
Reorganization Act of 1993''.

SEC. 2. CREATION OF TWELFTH CIRCUIT.

    (a) Composition of Fifth and Twelfth Circuits.--Section 41 of title 
28, United States Code, is amended--
            (1) in the text before the table, by striking ``thirteen'' 
        and inserting ``14'';
            (2) in the table, by striking the item relating to the 
        ninth circuit and inserting the following new item:

    ``Ninth........................
                                        Alaska, Idaho, Montana, Oregon, 
                                                Washington, Hawaii, 
                                                Guam, the Northern 
                                                Mariana Islands, and 
                                                the Northern and 
                                                Eastern Districts of 
                                                California.'';
        and
            (3) by inserting after the item relating to the eleventh 
        circuit the following new item:

    ``Twelfth......................
                                        Arizona, Nevada, and the 
                                                Central and Southern 
                                                Districts of 
                                                California.''.
    (b) Number of Circuit Judges.--The table contained in section 44(a) 
of title 28, United States Code, is amended--
            (1) in the item relating to the ninth circuit by striking 
        ``28'' and inserting ``14''; and
            (2) by inserting after the item relating to the eleventh 
        circuit the following:

    ``Twelfth......................
                                        ``14''.
    (c) Places for Holding Court.--The table contained in section 48(a) 
of title 28, United States Code, is amended--
            (1) in the item relating to the ninth circuit by striking 
        ``Los Angeles''; and
            (2) by inserting after the item relating to the eleventh 
        circuit the following:

    ``Twelfth......................
                                        Los Angeles, Reno, and 
                                                Phoenix.''.

SEC. 3. RESOLUTION OF INTERCIRCUIT CONFLICTS.

    (a) Special Panel.--Section 46 of title 28, United States Code, is 
amended--
            (1) by amending the section heading to read as follows:
``Sec. 46. Assignment of judges; panels; hearings; Intercircuit Court; 
              quorum'';
            (2) in subsection (d)--
                    (A) by redesignating such subsection as subsection 
                (e); and
                    (B) by striking ``paragraph (c)'' and inserting 
                ``subsections (c) and (d)''; and
            (3) by inserting after subsection (c) the following:
    ``(d)(1) The judges of the Courts of Appeals for the Ninth and 
Twelfth Circuits whose official duty stations are in the State of 
California shall constitute the Intercircuit California En Banc Court. 
The Intercircuit Court shall convene as necessary to resolve any 
conflict between a decision of the Court of Appeals for the Ninth 
Circuit and a decision of the Court of Appeals for the Twelfth Circuit 
that results or is likely to result in the imposition of inconsistent 
or otherwise nonuniform Federal law within the State of California.
    ``(2) An appeal or other proceeding shall be reheard by the 
Intercircuit Court upon a majority vote of the judges of that court who 
are in regular active service. Any judge of the Intercircuit Court who 
is in regular active service may request a vote to determine whether a 
decision of the Court of Appeals of which that judge is a member should 
be ordered reheard by the Intercircuit Court. The appropriateness of 
rehearing by the Intercircuit Court may be suggested by a party, but a 
vote of the Intercircuit Court to order rehearing shall not be taken 
unless requested by a judge of the Intercircuit Court who is in regular 
active service and who is a member of the Court of Appeals in which the 
appeal or other proceeding is pending.
    ``(3) Rehearing by the Intercircuit Court shall not be favored and 
ordinarily shall be considered only when the failure to resolve a 
conflict described in paragraph (1) would be unusually burdensome to 
the administration of Federal law within the State of California.
    ``(4) The clerk of the Court of Appeals for the Ninth Circuit, and 
the clerk of the Court of Appeals for the Twelfth Circuit, shall, 
during alternate 2-year periods, serve as the clerk of the Intercircuit 
Court and shall provide such services as are needed by the Intercircuit 
Court.''.
    (b) Conforming Amendment.--The item relating to section 46 in the 
table of sections at the beginning of chapter 3 of title 28, United 
States Code, is amended to read as follows:

``46. Assignment of judges; panels; hearing; Intercircuit Court; 
                            quorum.''.

SEC. 4. ASSIGNMENT AND SENIORITY OF JUDGES.

    (a) Active Service Judges.--
            (1) New ninth circuit.--Each circuit judge in regular 
        active service of the former ninth circuit whose official duty 
        station on the day before the effective date of this Act is in 
        Alaska, Idaho, Montana, Oregon, Washington, Hawaii, Guam, the 
        Northern Mariana Islands, or the Northern or Eastern District 
        of California is assigned as a circuit judge of the new ninth 
        circuit as of such effective date.
            (2) Twelfth circuit.--Each circuit judge in regular active 
        service of the former ninth circuit whose official duty station 
        on the day before the effective date of this Act is in Arizona, 
        Nevada, or the Central or Southern District of California is 
        assigned as a circuit judge of the twelfth circuit as of such 
        effective date.
    (b) Senior Judges.--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.
    (c) Seniority.--The seniority of each judge--
            (1) who is assigned under subsection (a), or
            (2) who elects to be assigned under subsection (b),
shall run from the date of the commission of such judge as a judge of 
the former ninth circuit.

SEC. 5. PENDING PROCEEDINGS.

    The following applies 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 it 
        would have gone 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 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 the effective date as provided in paragraph (1) of 
        this section, 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. 6. TRANSITIONAL PROVISION.

    The new ninth circuit and the twelfth circuit shall be deemed to be 
a single circuit for purposes of sections 291(a) and 292(a) of title 
28, United States Code, with respect to any judge serving in the former 
ninth circuit on the day before the effective date of this Act.

SEC. 7. DEFINITIONS.

    As used in sections 4, 5, and 6--
            (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 2(a)(2); and
            (3) the term ``twelfth circuit'' means the twelfth judicial 
        circuit of the United States established by the amendment made 
        by section 2(a)(3).

SEC. 8. ADMINISTRATIVE ACTIONS.

    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. Such court shall cease 
to exist for administrative purposes on July 1, 1997.

SEC. 9. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall take effect on 
October 1, 1994.

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