[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 956 Reported in Senate (RS)]





                                                       Calendar No. 260

104th CONGRESS

  1st Session

                                 S. 956

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                            December 7, 1995

                       Reported with an amendment





                                                       Calendar No. 260
104th CONGRESS
  1st Session
                                 S. 956

  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 SENATE OF THE UNITED STATES

                June 22 (legislative day, June 19), 1995

  Mr. Gorton (for himself, Mr. Burns, Mr. Murkowski, Mr. Stevens, Mr. 
 Kempthorne, Mr. Craig, Mr. Packwood, and Mr. Hatfield) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

                            December 7, 1995

                Reported by Mr. Hatch, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Ninth Circuit Court of 
Appeals Reorganization Act of 1995''.</DELETED>

<DELETED>SEC. 2. NUMBER AND COMPOSITION OF CIRCUITS.</DELETED>

<DELETED>    Section 41 of title 28, United States Code, is amended--
</DELETED>
        <DELETED>    (1) in the matter before the table, by striking 
        out ``thirteen'' and inserting in lieu thereof 
        ``fourteen'';</DELETED>
        <DELETED>    (2) in the table, by striking out the item 
        relating to the ninth circuit and inserting in lieu thereof the 
        following new item:</DELETED>

    <DELETED>``Ninth...............
                                        <DELETED>Arizona, California, 
                                                Hawaii, Nevada, Guam, 
                                                Northern Mariana 
                                                Islands.'';
<DELETED>    and</DELETED>
        <DELETED>    (3) between the last 2 items of the table, by 
        inserting the following new item:</DELETED>

    <DELETED>``Twelfth.............
                                        <DELETED>Alaska, Idaho, 
                                                Montana, Oregon, 
                                                Washington.''.

<DELETED>SEC. 3. NUMBER OF CIRCUIT JUDGES.</DELETED>

<DELETED>    The table in section 44(a) of title 28, United States 
Code, is amended--</DELETED>
        <DELETED>    (1) by striking out the item relating to the ninth 
        circuit and inserting in lieu thereof the following new 
        item:</DELETED>

<DELETED>``Ninth............................................      19'';
<DELETED>    and</DELETED>
        <DELETED>    (2) by inserting between the last 2 items at the 
        end thereof the following new item:</DELETED>

<DELETED>``Twelfth..........................................       9''.

<DELETED>SEC. 4. PLACES OF CIRCUIT COURT.</DELETED>

<DELETED>    The table in section 48 of title 28, United States Code, 
is amended--</DELETED>
        <DELETED>    (1) by striking out the item relating to the ninth 
        circuit and inserting in lieu thereof the following new 
        item:</DELETED>

    <DELETED>``Ninth...............
                                        <DELETED>San Francisco, Los 
                                                Angeles.'';
<DELETED>    and</DELETED>
        <DELETED>    (2) by inserting between the last 2 items at the 
        end thereof the following new item:</DELETED>

    <DELETED>``Twelfth.............
                                        <DELETED>Portland, Seattle.''.

<DELETED>SEC. 5. ASSIGNMENT OF CIRCUIT JUDGES.</DELETED>

<DELETED>    Each circuit judge in regular active service of the former 
ninth circuit whose official station on the day before the effective 
date of this Act--</DELETED>
        <DELETED>    (1) is in Arizona, California, Hawaii, Nevada, 
        Guam, or the Northern Mariana Islands is assigned as a circuit 
        judge of the new ninth circuit; and</DELETED>
        <DELETED>    (2) is in Alaska, Idaho, Montana, Oregon, or 
        Washington is assigned as a circuit judge of the twelfth 
        circuit.</DELETED>

<DELETED>SEC. 6. ELECTION OF ASSIGNMENT BY SENIOR JUDGES.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 7. SENIORITY OF JUDGES.</DELETED>

<DELETED>    The seniority of each judge--</DELETED>
        <DELETED>    (1) who is assigned under section 5 of this Act; 
        or</DELETED>
        <DELETED>    (2) who elects to be assigned under section 6 of 
        this Act;</DELETED>
<DELETED>shall run from the date of commission of such judge as a judge 
of the former ninth circuit.</DELETED>

<DELETED>SEC. 8. APPLICATION TO CASES.</DELETED>

<DELETED>    The provisions of the following paragraphs of this section 
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:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 9. DEFINITIONS.</DELETED>

<DELETED>    For purposes of this Act, the term--</DELETED>
        <DELETED>    (1) ``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;</DELETED>
        <DELETED>    (2) ``new ninth circuit'' means the ninth judicial 
        circuit of the United States established by the amendment made 
        by section 2(2) of this Act; and</DELETED>
        <DELETED>    (3) ``twelfth circuit'' means the twelfth judicial 
        circuit of the United States established by the amendment made 
        by section 2(3) of this Act.</DELETED>

<DELETED>SEC. 10. ADMINISTRATION.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 11. EFFECTIVE DATE.</DELETED>

<DELETED>    This Act and the amendments made by this Act shall become 
effective on October 1, 1995.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ninth Circuit Court of Appeals 
Reorganization Act of 1995''.

SEC. 2. NUMBER AND COMPOSITION OF CIRCUITS.

    Section 41 of title 28, United States Code, is amended--
            (1) in the matter before the table, by striking out 
        ``thirteen'' and inserting in lieu thereof ``fourteen'';
            (2) in the table, by striking out the item relating to the 
        ninth circuit and inserting in lieu thereof the following new 
        item:

    ``Ninth........................
                                        California, Hawaii, Guam, 
                                                Northern Mariana 
                                                Islands.'';
    and
            (3) between the last 2 items of the table, by inserting the 
        following new item:

    ``Twelfth......................
                                        Alaska, Arizona, Idaho, 
                                                Montana, Nevada, 
                                                Oregon, Washington.''.

SEC. 3. NUMBER OF CIRCUIT JUDGES.

    The table in section 44(a) of title 28, United States Code, is 
amended--
            (1) by striking out the item relating to the ninth circuit 
        and inserting in lieu thereof the following new item:

``Ninth.....................................................      15'';
    and
            (2) by inserting between the last 2 items at the end 
        thereof the following new item:

``Twelfth...................................................      13''.

SEC. 4. PLACES OF CIRCUIT COURT.

    The table in section 48 of title 28, United States Code, is 
amended--
            (1) by striking out the item relating to the ninth circuit 
        and inserting in lieu thereof the following new item:

    ``Ninth........................
                                        San Francisco, Los Angeles.'';
    and
            (2) by inserting between the last 2 items at the end 
        thereof the following new item:

    ``Twelfth......................
                                        Portland, Seattle, Phoenix.''.

SEC. 5. ASSIGNMENT OF CIRCUIT JUDGES AND CLERK OF THE COURT.

    (a) Circuit Judges.--No later than 60 days after the date of the 
enactment of this Act, the judicial council for the former ninth 
circuit shall make assignments of the circuit judges of the former 
ninth circuit to the new ninth circuit and the twelfth circuit, 
consistent with the provisions of this Act.
    (b) Clerk of the Court.--The Clerk of the Court for the Twelfth 
Circuit United States Court of Appeals shall be located in Phoenix, 
Arizona.

SEC. 6. ELECTION OF ASSIGNMENT BY 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.

SEC. 7. SENIORITY OF JUDGES.

    The seniority of each judge--
            (1) who is assigned under section 5 of this Act; or
            (2) who elects to be assigned under section 6 of this Act;
shall run from the date of commission of such judge as a judge of the 
former ninth circuit.

SEC. 8. APPLICATION TO CASES.

    The provisions of the following paragraphs of this section 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 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. 9. DEFINITIONS.

    For purposes of this Act, the term--
            (1) ``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'' means the ninth judicial circuit 
        of the United States established by the amendment made by 
        section 2(2) of this Act; and
            (3) ``twelfth circuit'' means the twelfth judicial circuit 
        of the United States established by the amendment made by 
        section 2(3) of this Act.

SEC. 10. 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. Such court shall cease 
to exist for administrative purposes on July 1, 1997.

SEC. 11. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall take effect 60 
days after the date of the enactment of this Act.