[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 562 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                 S. 562

To amend chapter 3 of title 28, United States Code, to divide the Ninth 
 Judicial Circuit of the United States into 2 circuits, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 6, 2003

  Ms. Murkowski (for herself, Mr. Stevens, Mr. Burns, Mr. Craig, Mr. 
Crapo, Mr. Inhofe, and Mr. Smith) introduced the following bill; which 
     was read twice and 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 2 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. 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)(C).

SEC. 3. 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.'';
 

                and
                    (B) by inserting between the last 2 items the 
                following:

      

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

SEC. 4. NUMBER OF CIRCUIT JUDGES.

    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.......................................                25'';
        and
            (2) by inserting between the last 2 items the following:

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

SEC. 5. 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. 6. ELECTION OF ASSIGNMENT BY CIRCUIT JUDGES.

    (a) In General.--Except as provided in subsection (b) and 
notwithstanding section 44(c) of title 28, United States Code, 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.

SEC. 7. SENIORITY OF JUDGES.

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

SEC. 8. APPLICATION TO CASES.

    (a) In General.--The provisions of the following paragraphs of this 
subsection 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 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 re-hearing 
        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.

SEC. 9. ADMINISTRATION.

    (a) Actions.--The former ninth 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) Termination.--The former ninth circuit shall cease to exist for 
administrative purposes on July 1, 2005.
    (c) Meetings.--During the 10 years following the date of enactment 
of this Act, the new ninth circuit and the twelfth circuit may meet in 
either circuit's jurisdiction.

SEC. 10. EFFECTIVE DATE.

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