[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 920 Introduced in Senate (IS)]






108th CONGRESS
  1st Session
                                 S. 920

   To provide for the appointment of additional Federal circuit and 
                district judges, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 11, 2003

 Mr. Hatch introduced the following bill; which was read twice and 
        referred to the Committee on the JudiciaryYYYYYYYYYYYYYYYYYYYYY

_______________________________________________________________________

                                 A BILL


 
   To provide for the appointment of additional Federal circuit and 
                district judges, 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 ``Federal Judgeship Act of 2003''.

SEC. 2. CIRCUIT JUDGES FOR THE CIRCUIT COURTS OF APPEALS.

    (a) In General.--The President shall appoint, by and with the 
advice and consent of the Senate--
            (1) 1 additional circuit judge for the first circuit court 
        of appeals;
            (2) 2 additional circuit judges for the second circuit 
        court of appeals;
            (3) 1 additional circuit judge for the sixth circuit court 
        of appeals; and
            (4) 5 additional circuit judges for the ninth circuit court 
        of appeals.
    (b) Temporary Judgeships.--The President shall appoint, by and with 
the advice and consent of the Senate, 2 additional circuit judges for 
the ninth circuit court of appeals. The first 2 vacancies arising on 
the court 10 years or more after judges are first confirmed to fill 
both temporary circuit judgeships created by this subsection shall not 
be filled.
    (c) Tables.--In order that the table contained in section 44 of 
title 28, United States Code, will, with respect to each judicial 
circuit, reflect the changes in the total number of permanent circuit 
judgeships authorized as a result of subsection (a) of this section, 
such table is amended to read as follows:

``Circuits                                             Number of Judges
    District of Columbia..........................                  12 
    First.........................................                   7 
    Second........................................                  15 
    Third.........................................                  14 
    Fourth........................................                  15 
    Fifth.........................................                  17 
    Sixth.........................................                  17 
    Seventh.......................................                  11 
    Eighth........................................                  11 
    Ninth.........................................                  33 
    Tenth.........................................                  12 
    Eleventh......................................                  12 
    Federal.......................................               12.''.

SEC. 3. DISTRICT JUDGES FOR THE DISTRICT COURTS.

    (a) In General.--The President shall appoint, by and with the 
advice and consent of the Senate--
            (1) 1 additional district judge for the northern district 
        of Alabama;
            (2) 1 additional district judge for the middle district of 
        Alabama;
            (3) 3 additional district judges for the district of 
        Arizona;
            (4) 1 additional district judge for the central district of 
        California;
            (5) 3 additional district judges for the eastern district 
        of California;
            (6) 1 additional district judge for the northern district 
        of California;
            (7) 2 additional district judges for the southern district 
        of California;
            (8) 2 additional district judges for the middle district of 
        Florida;
            (9) 4 additional district judges for the southern district 
        of Florida;
            (10) 1 additional district judge for the western district 
        of Missouri;
            (11) 2 additional district judges for the district of New 
        Mexico;
            (12) 3 additional district judges for the eastern district 
        of New York;
            (13) 1 additional district judge for the district of 
        Oregon;
            (14) 1 additional district judge for the district of South 
        Carolina;
            (15) 2 additional district judges for the eastern district 
        of Virginia; and
            (16) 1 additional district judge for the western district 
        of Washington.
    (b) Temporary Judgeships.--The President shall appoint, by and with 
the advice and consent of the Senate--
            (1) 2 additional district judges for the central district 
        of California;
            (2) 1 additional district judge for the northern district 
        of California;
            (3) 3 additional district judges for the southern district 
        of California;
            (4) 1 additional district judge for the district of 
        Colorado;
            (5) 1 additional district judge for the middle district of 
        Florida;
            (6) 1 additional district judge for the district of Idaho;
            (7) 1 additional district judge for the northern district 
        of Illinois;
            (8) 1 additional district judge for the northern district 
        of Indiana;
            (9) 1 additional district judge for the southern district 
        of Indiana;
            (10) 1 additional district judge for the northern district 
        of Iowa;
            (11) 1 additional district judge for the district of New 
        Mexico;
            (12) 1 additional district judge for the eastern district 
        of New York;
            (13) 1 additional district judge for the western district 
        of New York; and
            (14) 1 additional district judge for the district of Utah.
For the central district of California, the first 2 vacancies arising 
on the district court 10 years or more after judges are first confirmed 
to fill both temporary district judgeships created in that district by 
this subsection shall not be filled. For the southern district of 
California, the first 3 vacancies arising on the district court 10 
years or more after judges are first confirmed to fill all 3 temporary 
district judgeships created in that district by this subsection shall 
not be filled. For each of the other judicial districts named in this 
subsection, the first vacancy arising on the district court 10 years or 
more after a judge is first confirmed to fill the temporary district 
judgeship created in that district by this subsection shall not be 
filled.
    (c) Existing Judgeships.--The existing judgeships for the eastern 
district of California, the district of Hawaii, the district of Kansas, 
the eastern district of Missouri, and the district of Nebraska 
authorized by section 203(c) of the Judicial Improvements Act of 1990 
(Public Law 101-650; 104 Stat. 5089) as amended by Public Law 105-53, 
as of the effective date of this Act, shall be authorized under section 
133 of title 28, United States Code, and the incumbents in those 
offices shall hold the office under section 133 of title 28, United 
States Code, as amended by this Act.
    (d) Tables.--In order that the table contained in section 133 of 
title 28, United States Code, will, with respect to each judicial 
district, reflect the changes in the total number of permanent district 
judgeships authorized as a result of subsections (a) and (c) of this 
section, such table is amended to read as follows:

``Districts                                            Number of Judges
Alabama:
    Northern................................................         8 
    Middle..................................................         4 
    Southern................................................         3 
Alaska......................................................         3 
Arizona.....................................................        15 
Arkansas:
    Eastern.................................................         5 
    Western.................................................         3 
California:
    Northern................................................        15 
    Eastern.................................................        10 
    Central.................................................        28 
    Southern................................................        15 
Colorado....................................................         7 
Connecticut.................................................         8 
Delaware....................................................         4 
District of Columbia........................................        15 
Florida:
    Northern................................................         4 
    Middle..................................................        17 
    Southern................................................        21 
Georgia:
    Northern................................................        11 
    Middle..................................................         4 
    Southern................................................         3 
Hawaii......................................................         4 
Idaho.......................................................         2 
Illinois:
    Northern................................................        22 
    Central.................................................         4 
    Southern................................................         4 
Indiana:
    Northern................................................         5 
    Southern................................................         5 
Iowa:
    Northern................................................         2 
    Southern................................................         3 
Kansas......................................................         6 
Kentucky:
    Eastern.................................................         5 
    Western.................................................         4 
    Eastern and Western.....................................         1 
Louisiana:
    Eastern.................................................        12 
    Middle..................................................         3 
    Western.................................................         7 
Maine.......................................................         3 
Maryland....................................................        10 
Massachusetts...............................................        13 
Michigan:
    Eastern.................................................        15 
    Western.................................................         4 
Minnesota...................................................         7 
Mississippi:
    Northern................................................         3 
    Southern................................................         6 
Missouri:
    Eastern.................................................         7 
    Western.................................................         6 
    Eastern and Western.....................................         2 
Montana.....................................................         3 
Nebraska....................................................         4 
Nevada......................................................         7 
New Hampshire...............................................         3 
New Jersey..................................................        17 
New Mexico..................................................         8 
New York:
    Northern................................................         5 
    Southern................................................        28 
    Eastern.................................................        18 
    Western.................................................         4 
North Carolina:
    Eastern.................................................         4 
    Middle..................................................         4 
    Western.................................................         4 
North Dakota................................................         2 
Ohio:
    Northern................................................        11 
    Southern................................................         8 
Oklahoma:
    Northern................................................         3 
    Eastern.................................................         1 
    Western.................................................         6 
    Northern, Eastern, and Western..........................         1 
Oregon......................................................         7 
Pennsylvania:
    Eastern.................................................        22 
    Middle..................................................         6 
    Western.................................................        10 
Puerto Rico.................................................         7 
Rhode Island................................................         3 
South Carolina..............................................        11 
South Dakota................................................         3 
Tennessee:
    Eastern.................................................         5 
    Middle..................................................         4 
    Western.................................................         5 
Texas:
    Northern................................................        12 
    Southern................................................        19 
    Eastern.................................................         7 
    Western.................................................        13 
Utah........................................................         5 
Vermont.....................................................         2 
Virginia:
    Eastern.................................................        13 
    Western.................................................         4 
Washington:
    Eastern.................................................         4 
    Western.................................................         8 
West Virginia:
    Northern................................................         3 
    Southern................................................         5 
Wisconsin:
    Eastern.................................................         5 
    Western.................................................         2 
Wyoming.....................................................      3.''.

SEC. 4. ESTABLISHMENT OF ARTICLE III COURTS IN THE NORTHERN MARIANA 
              ISLANDS AND THE VIRGIN ISLANDS.

    (a) Establishment of Judicial Districts.--
            (1) Northern mariana islands.--Chapter 5 of title 28, 
        United States Code, is amended by inserting after section 114 
        the following:
``Sec. 114A. Northern Mariana Islands
    ``The Northern Mariana Islands constitute 1 judicial district.
    ``Court shall be held at Saipan.''.
            (2) Virgin islands.--Chapter 5 of title 28, United States 
        Code, is further amended by inserting after section 126 the 
        following:
``Sec. 126A. Virgin Islands
    ``The Virgin Islands constitute 1 judicial district comprising 2 
divisions.
            ``(1) The Saint Croix Division comprises the Island of 
        Saint Croix and adjacent islands and cays.
            ``Court for the Saint Croix Division shall be held at 
        Christiansted.
            ``(2) The Saint Thomas and Saint John Division comprises 
        the Islands of Saint Thomas and Saint John and adjacent islands 
        and cays.
            ``Court for the Saint Thomas and Saint John Division shall 
        be held at Charlotte-Amalie.''.
            (3) Technical and conforming amendments.--The table of 
        contents for chapter 5 of title 28, United States Code, is 
        amended--
                    (A) by inserting after the item relating to section 
                114 the following:

``114A. Northern Mariana Islands.'';
                and
                    (B) by inserting after the item relating to section 
                126 the following:

``126A. Virgin Islands.''.
    (b) Composition of Ninth Circuit.--Section 41 of title 28, United 
States Code, is amended in the matter relating to the Ninth Circuit by 
inserting ``, Northern Mariana Islands'' after ``Hawaii''.
    (c) Number of Judges.--Section 133(a) of title 28, United States 
Code, is amended--
            (1) by inserting after the item relating to North Dakota 
        the following:

    ``Northern Mariana Islands....................                 1'';
        and
            (2) by inserting after the item relating to Vermont the 
        following:

    ``Virgin Islands..............................                 2''.
    (d) Bankruptcy Judges.--Section 152(a)(2) of title 28, United 
States Code, is amended--
            (1) by inserting after the item relating to North Dakota 
        the following:

    ``Northern Mariana Islands....................                 0'';
        and
            (2) by inserting after the item relating to Vermont the 
        following:

    ``Virgin Islands..............................                 0''.
    (e) Assignment of Judges.--
            (1) In general.--Chapter 13 of title 28, United States 
        Code, is amended by adding after section 297 the following:
``Sec. 298. Assignment to the United States District Court for the 
              District of the Northern Mariana Islands
    ``In addition to the judges authorized to be designated by sections 
291 and 292, the chief judge of the United States Court of Appeals for 
the Ninth Circuit may assign judges of courts of record of the Northern 
Mariana Islands or Guam, including a judge of the District Court of 
Guam who is appointed by the President or a recalled senior judge of 
the District Court of Guam, to serve temporarily as a judge in the 
United States District Court for the District of the Northern Mariana 
Islands whenever such an assignment is necessary for the proper 
dispatch of the business of the court. The judges assigned under this 
section shall have the powers of a magistrate judge.''.
            (2) Technical and conforming amendment.--The table of 
        sections for chapter 13 of title 28, United States Code, is 
        amended by adding after the item relating to section 297 the 
        following:

``298. Assignment to the United States District Court for the District 
                            of the Northern Mariana Islands.''.
    (f) Judicial Conferences of Circuits.--Section 333 of title 28, 
United States Code, is amended in the third sentence of the first 
undesignated paragraph by striking ``, the District Court of the Virgin 
Islands, and the District Court of the Northern Mariana Islands may 
also be summoned biennially, and may be summoned annually, to the 
conferences of their respective circuits'' and inserting ``may also be 
summoned biennially, and may be summoned annually, to the conference of 
the ninth circuit''.
    (g) Judges in Territories and Possessions.--Section 373 of title 
28, United States Code, is amended--
            (1) in subsection (a), by striking ``, the District Court 
        of the Northern Mariana Islands, or the District Court of the 
        Virgin Islands''; and
            (2) in subsection (e), by striking ``, the District Court 
        of the Northern Mariana Islands, or the District Court of the 
        Virgin Islands''.
    (h) Annuities for Survivors of Certain Judicial Officials of the 
United States.--Section 376(a) of title 28, United States Code, is 
amended--
            (1) in paragraph (1)(B), by striking ``, the District Court 
        of the Northern Mariana Islands, or the District Court of the 
        Virgin Islands''; and
            (2) in paragraph (2)(B), by striking ``, the District Court 
        of the Northern Mariana Islands, or the District Court of the 
        Virgin Islands,''.
    (i) Authority of Attorney General.--Section 526(a)(2) of title 28, 
United States Code, is amended by striking ``and of the district court 
of the Virgin Islands''.
    (j) Courts Defined.--Section 610 of title 28, United States Code, 
is amended--
            (1) by striking ``the United States District Court for the 
        District of the Canal Zone,''; and
            (2) by striking ``the District Court of the Virgin 
        Islands,''.
    (k) United States Magistrate Judges.--Section 631 of title 28, 
United States Code, is amended--
            (1) in subsection (a)--
                    (A) in the first sentence by striking ``the Virgin 
                Islands, Guam,'' and inserting ``Guam''; and
                    (B) by striking the second sentence; and
            (2) in subsection (b)(1), by inserting ``the Commonwealth 
        of the Northern Mariana Islands,'' after ``Puerto Rico,''.
    (l) Court Reporters.--Section 753(a) of title 28, United States 
Code, is amended by striking ``, the United States District Court for 
the District of the Canal Zone, the District Court of Guam, and the 
District Court of the Virgin Islands'' and inserting ``and the District 
Court of Guam''.
    (m) Final Decisions of District Courts.--Section 1291 of title 28, 
United States Code, is amended by striking ``, the United States 
District Court for the District of the Canal Zone, the District Court 
of Guam, and the District Court of the Virgin Islands,'' and inserting 
``and the District Court of Guam,''.
    (n) Interlocutory Decisions.--Section 1292 of title 28, United 
States Code, is amended--
            (1) in subsection (a), by striking ``, the United States 
        District Court for the District of the Canal Zone, the District 
        Court of Guam, and the District Court of the Virgin Islands,'' 
        and inserting ``and the District Court of Guam,''; and
            (2) in subsection (d)(4)(A), by striking ``, the District 
        Court of Guam, the District Court of the Virgin Islands, or the 
        District Court for the Northern Mariana Islands,'' and 
        inserting ``or the District Court of Guam,''.
    (o) Jurisdiction of the United States Court of Appeals for the 
Federal Circuit.--Section 1295(a) of title 28, United States Code, is 
amended in paragraphs (1) and (2), by striking ``, the United States 
District Court for the District of the Canal Zone, the District Court 
of Guam, or the District Court for the Northern Mariana Islands'' and 
inserting ``or the District Court of Guam''.
    (p) Diversity Jurisdiction.--Section 1332(d) of title 28, United 
States Code, is amended by striking ``and the Commonwealth of Puerto 
Rico'' and inserting ``the Commonwealth of Puerto Rico, and the 
Commonwealth of the Northern Mariana Islands''.
    (q) United States as Defendant.--Section 1346(b) of title 28, 
United States Code, is amended by striking ``, together with the United 
States District Court for the District of the Canal Zone and the 
District Court of the Virgin Islands,''.
    (r) Adequate Representation of Defendants.--Section 3006A(j) of 
title 18, United States Code, is amended by striking ``, the District 
Court of the Virgin Islands, the District Court for the Northern 
Mariana Islands,''.
    (s) Savings Provisions.--
            (1) Tenure of incumbent judges.--A judge of the District 
        Court for the Northern Mariana Islands or of the District Court 
        of the Virgin Islands in office on the effective date of this 
        section shall continue in office until the expiration of the 
        term for which the judge was appointed, or until the judge 
        dies, resigns, or is removed from office, whichever occurs 
        first. When a vacancy occurs on the court on or after the 
        effective date of this section, the President, in accordance 
        with sections 133(a) and 134(a) of title 28, United States 
        Code, shall appoint, by and with the advice and consent of the 
        Senate, a judge who shall hold office during good behavior.
            (2) Retirement rights and benefits.--The amendments made by 
        this section shall not affect the rights under sections 373 and 
        376 of title 28, United States Code, of any judge of the 
        District Court for the Northern Mariana Islands or the District 
        Court of the Virgin Islands who retires on or before the 
        effective date of this section or who continues in office after 
        that date under paragraph (1) of this subsection. Service as a 
        judge of the District Court for the Northern Mariana Islands 
        appointed under the first section of the Act of November 8, 
        1977 (Public Law 95-157, 91 Stat. 1265; 48 U.S.C. 1821) or 
        judge of the District Court of the Virgin Islands appointed 
        under section 24 of the Revised Organic Act of the Virgin 
        Islands (48 U.S.C. 1614) shall be included in calculating 
        service under sections 371 and 372 of title 28, United States 
        Code, and shall not be counted for purposes of section 373 of 
        that title, if the judge is reappointed to hold office during 
        good behavior after the effective date of this section.
    (t) Amendments To Act To Create the District Court of the Northern 
Mariana Islands.--
            (1) In general.--The Act of November 8, 1977 (Public Law 
        95-157; 91 Stat. 1265) is amended--
                    (A) in section 4(a) (48 U.S.C. 1824(a))--
                            (i) by striking ``(a)'';
                            (ii) by striking ``, except as otherwise 
                        provided in article IV of the covenant'';
                            (iii) by striking all beginning with ``, 
                        unless those cases are reviewable in the 
                        District Court for the Northern Mariana 
                        Islands'' through the period and inserting a 
                        period; and
                            (iv) by striking subsection (b); and
                    (B) by striking--
                            (i) the first section (48 U.S.C. 1821);
                            (ii) section 2 (48 U.S.C. 1822);
                            (iii) section 3 (48 U.S.C. 1823);
                            (iv) section 5 (48 U.S.C. 1825); and
                            (v) section 6 (48 U.S.C. 1826).
            (2) Superseding provisions.--To the extent that the 
        amendments made by this subsection are inconsistent with 
        article IV of the Covenant to Establish a Commonwealth of the 
        Northern Mariana Islands in Political Union with the United 
        States of America (48 U.S.C. 1801 note), article IV is 
        superseded.
    (u) Amendments to Revised Organic Act of the Virgin Islands.--
            (1) Repeals.--Sections 24, 25, 26, and 27 of the Revised 
        Organic Act of the Virgin Islands (48 U.S.C. 1614, 1615, 1616, 
        and 1617) are repealed.
            (2) Rights and prohibitions.--Section 3 of the Revised 
        Organic Act of the Virgin Islands (48 U.S.C. 1561) is amended 
        in the 23d undesignated paragraph--
                    (A) by inserting ``article III;'' after ``section 
                9, clauses 2 and 3;''; and
                    (B) by striking ``That all offenses against the 
                laws of the United States and the laws of the Virgin 
                Islands which are prosecuted in the district court 
                pursuant to sections 1612(a) and (c) of this title may 
                be had by indictment by grand jury or by information, 
                and that all offenses against the laws of the Virgin 
                Islands which are prosecuted in the district court 
                pursuant to section 1612(b) of this title or'' and 
                inserting ``That all offenses against the laws of the 
                Virgin Islands which are prosecuted''.
            (3) Jurisdiction.--Section 21 of the Revised Organic Act of 
        the Virgin Islands (48 U.S.C. 1611) is amended to read as 
        follows:

``SEC. 21. JURISDICTION OF THE COURTS OF THE VIRGIN ISLANDS.

    ``(a) Jurisdiction of the Courts of the Virgin Islands.--The 
judicial power of the Virgin Islands shall be vested in such trial and 
appellate courts as may have been or may hereafter be established by 
local law. The local courts of the Virgin Islands shall have 
jurisdiction over all causes of action in the Virgin Islands over which 
any court established by the Constitution and laws of the United States 
does not have exclusive jurisdiction.
    ``(b) Practice and Procedure.--The rules governing the practice and 
procedure of the courts established by local law and those prescribing 
the qualifications and duties of the judges and officers thereof, oaths 
and bonds, and the times and places of holding court shall be governed 
by local law or the rules promulgated by those courts.''.
            (4) Income tax matters.--Section 22 of the Revised Organic 
        Act of the Virgin Islands (48 U.S.C. 1612) is amended to read 
        as follows:

``SEC. 22. JURISDICTION OVER INCOME TAX MATTERS.

    ``The United States District Court for the District of the Virgin 
Islands shall have exclusive jurisdiction over all criminal and civil 
proceedings in the Virgin Islands with respect to the income tax laws 
applicable to the Virgin Islands, except the ancillary laws relating to 
the income tax enacted by the legislature of the Virgin Islands. Any 
act or failure to act with respect to the income tax laws applicable to 
the Virgin Islands which would constitute a criminal offense described 
in chapter 75 of subtitle F of the Internal Revenue Code of 1986 shall 
constitute an offense against the Government of the Virgin Islands and 
may be prosecuted in the name of the Government of the Virgin Islands 
by the appropriate officers thereof in the United States District Court 
for the District of the Virgin Islands without the request or consent 
of the United States Attorney for the Virgin Islands.''.
            (5) Appellate jurisdiction.--Section 23A of the Revised 
        Organic Act of the Virgin Islands (48 U.S.C. 1613a(b)) is 
        amended--
                    (A) by striking ``District Court of the Virgin 
                Islands'' each place it appears and inserting ``United 
                States District Court for the District of the Virgin 
                Islands''; and
                    (B) in subsection (b), by striking ``pursuant to 
                section 24(a) of this Act: Provided, That no more than 
                one of them may be a judge of a court established by 
                local law.'' and inserting ``pursuant to chapter 13 of 
                title 28, United States Code, or a recalled senior 
                judge of the former District Court of the Virgin 
                Islands. The chief judge of the United States Court of 
                Appeals for the Third Circuit may assign to the 
                appellate division a judge of a court of record of the 
                Virgin Islands, except that no more than 1 of the 
                judges sitting in the appellate division at any session 
                may be a judge of a court established by local law.''.
    (v) Additional References.--Any reference in any provision of law 
to the ``District Court for the Northern Mariana Islands'' shall, on 
and after the effective date of this section, be deemed to be a 
reference to the United States District Court for the District of the 
Northern Mariana Islands. Any reference in any provision of law to the 
``District Court of the Virgin Islands'' shall, on and after the 
effective date of this section, be deemed to be a reference to the 
United States District Court for the District of the Virgin Islands.
    (w) Effective Date.--This section and the amendments made by this 
section shall take effect at the end of the 90-day period beginning on 
the date of enactment. Any complaint or proceeding pending in the 
District Court of the Virgin Islands on the effective date of this 
section may be pursued to final determination in the United States 
District Court for the District of the Virgin Islands, the United 
States Court of Appeals for the Third Circuit, the United States Court 
of Appeals for the Federal Circuit, and the Supreme Court of the United 
States. Any complaint or proceeding pending in the District Court for 
the Northern Mariana Islands on the effective date of this section may 
be pursued to final determination in the United States District Court 
for the District of the Northern Mariana Islands, the United States 
Court of Appeals for the Ninth Circuit, the United States Court of 
Appeals for the Federal Circuit, and the Supreme Court of the United 
States.

 SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out the provisions of this Act, including such sums 
as may be necessary to provide appropriate space and facilities for the 
judicial positions created by this Act.

 SEC. 6. EFFECTIVE DATE.

    Except as provided in section 4(w), this Act shall take effect on 
the date of enactment.
                                 <all>