[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3518 Introduced in House (IH)]








109th CONGRESS
  1st Session
                                H. R. 3518

  To amend title 28, United States Code, to divide New Jersey into 2 
                          judicial districts.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 28, 2005

Mr. Andrews (for himself, Mr. LoBiondo, and Mr. Saxton) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To amend title 28, United States Code, to divide New Jersey into 2 
                          judicial districts.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. ESTABLISHMENT OF 2 DISTRICTS IN NEW JERSEY.

    (a) Establishment.--
            (1) Creation.--Section 110 of title 28, United States Code, 
        is amended to read as follows:
``Sec. 110. New Jersey
    ``New Jersey is divided into 2 judicial districts to be known as 
the Northern and Southern Districts of New Jersey.

                          ``Northern District

    ``(a) The Northern District comprises the counties of Bergen, 
Essex, Hudson, Middlesex, Morris, Passaic, Sussex, and Union.
``Court for the Northern District shall be held at Newark.

                          ``Southern District

    ``(b) The Southern District comprises the counties of Atlantic, 
Burlington, Camden, Cape May, Cumberland, Gloucester, Hunterdon, 
Mercer, Monmouth, Ocean, Salem, Somerset, and Warren.
``Court for the Southern District shall be held at Camden and 
        Trenton.''.
            (2) Judgeships.--The item relating to New Jersey in the 
        table set forth in section 133(a) of title 28, United States 
        Code, is amended to read as follows:

``New Jersey:
        ``Northern.............................................     10 
        ``Southern.............................................    7''.
            (3) Bankruptcy judgeships.--The item relating to New Jersey 
        in the table set forth in section 152(a)(1) of title 28, United 
        States Code, is amended to read as follows:

``New Jersey:
        ``Northern.............................................      4 
        ``Southern.............................................    4''.
    (b) District Judges, Bankruptcy Judges, Magistrate Judges, United 
States Attorney, United States Marshal, and Federal Public Defender.--
            (1) Transfer of district judges.--(A) Any district judge of 
        the District Court of New Jersey who is holding office on the 
        day before the effective date of this Act and whose official 
        duty station is in Bergen, Essex, Hudson, Middlesex, Morris, 
        Passaic, Sussex, or Union County shall, on and after such 
        effective date, be a district judge for the Northern District 
        of New Jersey. Any district judge of the District Court of New 
        Jersey who is holding office on the day before the effective 
        date of this Act and whose official duty station is in 
        Atlantic, Burlington, Camden, Cape May, Cumberland, Gloucester, 
        Hunterdon, Mercer, Monmouth, Ocean, Salem, Somerset, or Warren 
        County shall, on and after such effective date, be a district 
        judge of the Southern District of New Jersey.
            (B) Whenever a vacancy occurs in a judgeship in either 
        judicial district of New Jersey, the vacancy shall first be 
        offered to those judges appointed before the enactment of this 
        Act and in active service in the other judicial district of New 
        Jersey at the time of the vacancy, and of those judges wishing 
        to fill the vacancy, the judge most senior in service shall 
        fill that vacancy. In such a case, the President shall appoint 
        a judge to fill the vacancy resulting in the district of New 
        Jersey from which such judge left office.
            (2) Transfer of bankruptcy and magistrate judges.--Any 
        bankruptcy judge or magistrate judge of the District Court of 
        New Jersey who is holding office on the day before the 
        effective date of this Act and whose official duty station is 
        in Bergen, Essex, Hudson, Middlesex, Morris, Passaic, Sussex, 
        or Union County shall, on and after such effective date, be a 
        bankruptcy judge or magistrate judge, as the case may be, for 
        the Northern District of New Jersey. Any bankruptcy judge or 
        magistrate judge of the District Court of New Jersey who is 
        holding office on the day before the effective date of this Act 
        and whose official duty station is in Atlantic, Burlington, 
        Camden, Cape May, Cumberland, Gloucester, Hunterdon, Mercer, 
        Monmouth, Ocean, Salem, Somerset, or Warren County shall, on 
        and after such effective date, be a bankruptcy judge or 
        magistrate judge, as the case may be, of the Southern District 
        of New Jersey.
            (3) United states attorney, united states marshal, and 
        federal public defender.--
                    (A) Those in office.--This section and the 
                amendments made by this section shall not affect the 
                tenure of office of the United States attorney, the 
                United States marshal, and the Federal Public Defender, 
                for the District of New Jersey who are in office on the 
                effective date of this Act, except that such 
                individuals shall be the United States attorney, the 
                United States marshal, and the Federal Public Defender, 
                respectively, for the Northern District of New Jersey 
                as of such effective date.
                    (B) Appointments.--The President shall appoint, by 
                and with the advice and consent of the Senate, a United 
                States attorney and a United States marshal for the 
                Southern District of New Jersey. The Court of Appeals 
                for the Third Circuit shall appoint a Federal Public 
                Defender for the Southern District of New Jersey.
            (4) Pending cases not affected.--This section and the 
        amendments made by this section shall not affect any action 
        commenced before the effective date of this Act and pending in 
        the United States District Court for the District of New Jersey 
        on such date.
            (5) Juries not affected.--This section and the amendments 
        made by this section shall not affect the composition, or 
        preclude the service, of any grand or petit jury summoned, 
        empaneled, or actually serving in the Judicial District of New 
        Jersey on the effective date of this Act.

SEC. 2. EFFECTIVE DATE.

    (a) In General.--This Act and the amendments made by this Act shall 
take effect 180 days after the date of the enactment of this Act.
    (b) Appointments.--Notwithstanding subsection (a)--
            (1) the President may make the appointments under section 
        1(b)(3)(B), and
            (2) the Court of Appeals for the Third Circuit may make the 
        appointment under section 1(b)(3)(B),
 at any time after the date of the enactment of this Act.

SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out this Act and the amendments made by this Act, 
including such sums as may be necessary for facilities for the District 
Court for the Southern District of New Jersey.
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