[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2278 Introduced in Senate (IS)]







108th CONGRESS
  2d Session
                                S. 2278

 To amend title 28, United States Code, to provide for the appointment 
  of additional Federal circuit judges, to divide the Ninth Judicial 
 Circuit of the United States into 3 circuits, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 1, 2004

 Mr. Ensign (for himself and Mr. Craig) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend title 28, United States Code, to provide for the appointment 
  of additional Federal circuit judges, to divide the Ninth Judicial 
 Circuit of the United States into 3 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 Judgeship and 
Reorganization Act of 2004''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Former ninth circuit.--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) New ninth circuit.--The term ``new ninth circuit'' 
        means the ninth judicial circuit of the United States 
        established by the amendment made by section 3(2)(A).
            (3) Twelfth circuit.--The term ``twelfth circuit'' means 
        the twelfth judicial circuit of the United States established 
        by the amendment made by section 3(2)(B).
            (4) Thirteenth circuit.--The term ``thirteenth circuit'' 
        means the thirteenth judicial circuit of the United States 
        established by the amendment made by section 3(2)(B).

SEC. 3. NUMBER AND COMPOSITION OF CIRCUITS.

    Section 41 of title 28, United States Code, is amended--
            (1) in the matter preceding the table, by striking 
        ``thirteen'' and inserting ``fifteen''; and
            (2) in the table--
                    (A) by striking the item relating to the ninth 
                circuit and inserting the following:

    ``Ninth........................
                                        California, Guam, Hawaii, 
                                                Northern Marianas 
                                                Islands.'';
    and
                    (B) by inserting after the item relating to the 
                eleventh circuit the following:

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

SEC. 4. JUDGESHIPS.

    (a) New Judgeships.--The President shall appoint, by and with the 
advice and consent of the Senate, 5 additional circuit judges for the 
new ninth circuit court of appeals, whose official duty station shall 
be in California. The judges authorized by this paragraph shall not be 
appointed before January 21, 2005.
    (b) Temporary Judgeships.--
            (1) Appointment of judges.--The President shall appoint, by 
        and with the advice and consent of the Senate, 2 additional 
        circuit judges for the former ninth circuit court of appeals, 
        whose official duty stations shall be in California.
            (2) Effect of vacancies.--The first 2 vacancies occurring 
        on the new ninth circuit court of appeals 10 years or more 
        after judges are first confirmed to fill both temporary circuit 
        judgeships created by this subsection shall not be filled.
    (c) Effective Date.--This section shall take effect on the date of 
the enactment of this Act.

SEC. 5. NUMBER OF CIRCUIT JUDGES.

    The table contained 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.....................................................      19'';
    and
            (2) by inserting after the item relating to the eleventh 
        circuit the following:

``Twelfth...................................................         8 
``Thirteen..................................................       6.''

SEC. 6. PLACES OF CIRCUIT COURT.

    The table contained 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 after the item relating to the eleventh 
        circuit the following:

    ``Twelfth......................
                                        Las Vegas, Phoenix.
    ``Thirteen.....................
                                        Portland, Seattle.

SEC. 7. ASSIGNMENT OF CIRCUIT JUDGES.

    Each circuit judge of the former ninth circuit who is in regular 
active service and whose official duty station on the day before the 
effective date of this Act--
            (1) is in California, Guam, Hawaii, or the Northern 
        Marianas Islands shall be a circuit judge of the new ninth 
        circuit as of such effective date;
            (2) is in Arizona, Nevada, Idaho, or Montana shall be a 
        circuit judge of the twelfth circuit as of such effective date; 
        and
            (3) is in Alaska, Oregon, or Washington shall be a circuit 
        judge of the thirteenth circuit as of such effective date.

SEC. 8. ELECTION OF ASSIGNMENT BY SENIOR JUDGES.

    Each judge who is a senior circuit 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, the twelfth circuit, or the 
thirteenth circuit as of such effective date, and shall notify the 
Director of the Administrative Office of the United States Courts of 
such election.

SEC. 9. SENIORITY OF JUDGES.

    The seniority of each judge--
            (1) who is assigned under section 7, or
            (2) who elects to be assigned under section 8,
shall run from the date of commission of such judge as a judge of the 
former ninth circuit.

SEC. 10. APPLICATION TO CASES.

    The following 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 with respect to 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 with respect to 
        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 such 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.

SEC. 11. TEMPORARY ASSIGNMENT OF CIRCUIT JUDGES AMONG CIRCUITS.

    Section 291 of title 28, United States Code, is amended by adding 
at the end the following:
    ``(c) The chief judge of the Ninth Circuit may, in the public 
interest and upon request by the chief judge of the Twelfth Circuit or 
the Thirteenth Circuit, designate and assign temporarily any circuit 
judge of the Ninth Circuit to act as circuit judge in the Twelfth 
Circuit or Thirteenth Circuit.
    ``(d) The chief judge of the Twelfth Circuit may, in the public 
interest and upon request by the chief judge of the Ninth Circuit or 
Thirteenth Circuit, designate and assign temporarily any circuit judge 
of the Twelfth Circuit to act as circuit judge in the Ninth Circuit or 
Thirteenth Circuit.
    ``(e) The chief judge of the Thirteenth Circuit may, in the public 
interest and upon request by the chief judge of the Ninth Circuit or 
the Twelfth Circuit, designate and assign temporarily any circuit judge 
of the Thirteenth Circuit to act as circuit judge in the Ninth Circuit 
or Twelfth Circuit.''.

SEC. 12. TEMPORARY ASSIGNMENT OF DISTRICT JUDGES AMONG CIRCUITS.

    Section 292 of title 28, United States Code, is amended by adding 
at the end the following:
    ``(f) The chief judge of the United States Court of Appeals for the 
Ninth Circuit may in the public interest--
            ``(1) upon request by the chief judge of the Twelfth 
        Circuit or Thirteenth Circuit, designate and assign 1 or more 
        district judges within the Ninth Circuit to sit upon the Court 
        of Appeals of the Twelfth Circuit or Thirteenth Circuit, or a 
        division thereof, whenever the business of that court so 
        requires; and
            ``(2) designate and assign temporarily any district judge 
        within the Ninth Circuit to hold a district court in any 
        district within the Twelfth Circuit or Thirteenth Circuit.
    ``(g) The chief judge of the United States Court of Appeals for the 
Twelfth Circuit may in the public interest--
            ``(1) upon request by the chief judge of the Ninth Circuit 
        or Thirteenth Circuit, designate and assign 1 or more district 
        judges within the Twelfth Circuit to sit upon the Court of 
        Appeals of the Ninth Circuit or Thirteenth Circuit, or a 
        division thereof whenever the business of that court so 
        requires; and
            ``(2) designate and assign temporarily any district judge 
        within the Twelfth Circuit to hold a district court in any 
        district within the Ninth Circuit or Thirteenth Circuit.
    ``(h) The chief judge of the United States Court of Appeals for the 
Thirteenth Circuit may in the public interest--
            ``(1) upon request by the chief judge of the Ninth Circuit 
        or Twelfth Circuit, designate and assign 1 or more district 
        judges within the Thirteenth Circuit to sit upon the Court of 
        Appeals of the Ninth Circuit or Twelfth Circuit, or a division 
        thereof whenever the business of that court so requires; and
            ``(2) designate and assign temporarily any district judge 
        within the Thirteenth Circuit to hold a district court in any 
        district within the Ninth Circuit or Twelfth Circuit.
    ``(i) Any designations or assignments under subsection (f), (g), or 
(h) shall be in conformity with the rules or orders of the court of 
appeals of, or the district within, as applicable, the circuit to which 
the judge is designated or assigned.''.

SEC. 13. ADMINISTRATIVE COORDINATION.

    Section 332 of title 28, United States Code, is amended by adding 
at the end the following:
    ``(i) Any 2 contiguous circuits among the Ninth Circuit, Twelfth 
Circuit, and Thirteenth Circuit may jointly carry out such 
administrative functions and activities as the judicial councils of the 
2 circuits determine may benefit from coordination or consolidation.''.

SEC. 14. 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 and the amendments made 
by this Act. Such court shall cease to exist for administrative 
purposes 2 years after the date of enactment of this Act.

SEC. 15. EFFECTIVE DATE.

    Except as provided in section 4(c), this Act and the amendments 
made by this Act shall take effect on the first October 1, that occurs 
on or after 9 months after the date on which all five judges described 
under section 4(a) have been appointed, by and with the advice and 
consent of the Senate.
                                 <all>