[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1033 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 1033

To amend chapter 3 of 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

                           February 27, 2003

Mr. Simpson (for himself, Mr. Walden of Oregon, Mr. Nethercutt, and Mr. 
    Otter) introduced the following bill; which was 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 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 2003''.

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 
        ``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.'';
 

                    (B) by striking the item relating to the tenth 
                circuit and inserting the following:


``Tenth................................  Arizona, Colorado, Kansas, New
                                          Mexico, Oklahoma, Utah,
                                          Wyoming.'';
 

                    (C) by inserting between the last 2 items the 
                following:


``Twelfth..............................  Alaska, Guam, Hawaii, Idaho,
                                          Montana, Northern Mariana
                                          Islands, Oregon,
                                          Washington.''.
 

SEC. 3. NUMBER OF CIRCUIT JUDGES.

    (a) 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................................................   20'';
        and
            (2) by inserting between the last 2 items the following:

        ``Twelfth..............................................    8''.
    (b) As of February 1, 2005, the table in section 44(a) of title 28, 
United States Code is further amended--
            (1) by striking the item amended pursuant to subsection 
        (a)(1) and inserting the following:

        ``Ninth................................................   25'';
            (2) by striking the item amended pursuant to subsection 
        (a)(2) and inserting:

        ``Twelfth..............................................   10'';
        and
            (3) by striking the item relating to the tenth circuit and 
        inserting the following:

        ``Tenth................................................   14''.

SEC. 4. 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. 5. ELECTION OF ASSIGNMENT BY CIRCUIT JUDGES.

    (a) Except as provided in subsection (b) and notwithstanding 22 
U.S.C. Sec. 44(c), 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.
    (b) Each circuit judge who is in regular active service, and each 
judge who is a senior judge, of the former ninth circuit and whose 
official station on the effective date of this Act is in Arizona may, 
notwithstanding 22 U.S.C. Sec. 44(c), elect to be assigned to the new 
ninth circuit or to the tenth circuit and shall notify the Director of 
the Administrative Office of the United States Courts of such election.

SEC. 6. SENIORITY OF JUDGES.

    The seniority of each judge who elects to be assigned under section 
5 of this Act shall run from the date of commission of such judge as a 
judge of the former ninth circuit.

SEC. 7. APPLICATION TO CASES.

    (a) The provisions of the following paragraphs of this subsection 
apply to any case other than a case arising from the United States 
District Court for the District of Arizona 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 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), 
        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.
    (b) Any appeal of any case pending in the United States District 
Court for the District of Arizona on the day before the effective date 
of this Act, and any further proceeding in respect of any case arising 
from the District Court in which an appeal or other proceeding has been 
filed with the former ninth circuit on such day, shall be had in the 
new ninth circuit.

SEC. 8. DEFINITIONS.

    In 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)(A); and
            (3) ``twelfth circuit'' means the twelfth judicial circuit 
        of the United States established by the amendment made by 
        section 2(2)(C).

SEC. 9. ADMINISTRATION.

    (a) The former ninth circuit and the tenth 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) The former ninth circuit shall cease to exist for 
administrative purposes on July 1, 2005.
    (c) During the ten years following the date of enactment of this 
Act, the new ninth circuit and the twelfth circuit may meet in either 
circuit's jurisidiction.

SEC. 10. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall become effective 
on October 1, 2003.
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