II Calendar No. 891 110th CONGRESS 2d Session S. 2774 [Report No. 110–427] IN THE SENATE OF THE UNITED STATES March 13, 2008 Mr. Leahy (for himself, Mr. Hatch, Mrs. Feinstein, Mr. Schumer, Mr. Inouye, Mr. Menendez, Mrs. Murray, Mr. Harkin, Mr. Bingaman, Mr. Hagel, Mr. Brown, Mr. Salazar, Mr. Nelson of Nebraska, Mr. Martinez, Mr. Akaka, Mr. Lugar, Mr. Graham, Ms. Klobuchar, Mr. Coleman, Mr. Bayh, and Mr. Kennedy) introduced the following bill; which was read twice and referred to the Committee on the Judiciary July 21 (legislative day, July 17), 2008 Reported by Mr. Leahy, without amendment A BILL To provide for the appointment of additional Federal circuit and district judges, and for other purposes.

1.

Short title

This Act may be cited as the Federal Judgeship Act of 2008.

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)2 additional circuit judges for the third circuit court of appeals; (4)1 additional circuit judge for the sixth circuit court of appeals; (5)2 additional circuit judges for the eighth circuit court of appeals; and (6)4 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: CircuitsNumber of judges District of Columbia11 First7 Second15 Third16 Fourth15 Fifth17 Sixth17 Seventh11 Eighth13 Ninth33 Tenth12 Eleventh12 Federal12. .

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)4 additional district judges for the district of Arizona; (2)4 additional district judges for the central district of California; (3)4 additional district judges for the eastern district of California; (4)2 additional district judges for the northern district of California; (5)1 additional district judge for the district of Colorado; (6)4 additional district judges for the middle district of Florida; (7)2 additional district judges for the southern district of Florida; (8)1 additional district judge for the southern district of Indiana; (9)1 additional district judge for the district of Minnesota; (10)1 additional district judge for the western district of Missouri; (11)1 additional district judge for the district of Nebraska; (12)1 additional district judge for the district of New Mexico; (13)3 additional district judges for the eastern district of New York; (14)1 additional district judge for the western district of New York; (15)1 additional district judge for the district of Oregon; (16)1 additional district judge for the district of South Carolina; (17)1 additional district judge for the eastern district of Texas; (18)2 additional district judges for the southern district of Texas; (19)1 additional district judge for the western district of Texas; (20)1 additional district judge for the eastern district of Virginia; and (21)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)1 additional district judge for the middle district of Alabama; (2)1 additional district judge for the district of Arizona; (3)1 additional district judge for the central district of California; (4)1 additional district judge for the northern district of California; (5)1 additional district judge for the district of Colorado; (6)1 additional district judge for the middle district of Florida; (7)1 additional district judge for the southern district of Florida; (8)1 additional district judge for the district of Idaho; (9)1 additional district judge for the northern district of Iowa; (10)1 additional district judge for the district of Nevada; (11)1 additional district judge for the district of New Jersey; (12)1 additional district judge for the district of New Mexico; (13)1 additional district judge for the district of Oregon; and (14)1 additional district judge for the district of Utah. For each of the 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

(1)The existing judgeships for the district of Hawaii, the district of Kansas, and the eastern district of Missouri 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, and the existing judgeships for the district of Arizona and the district of New Mexico authorized by section 312(c) of the 21st Century Department of Justice Appropriations Authorization Act (Public Law 107–273, 116 Stat. 1758), 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. (2)The existing judgeship for the northern district of Ohio 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 extended. The first vacancy in the office of district judge in this district occurring 20 years or more after the confirmation date of the judge named to fill the temporary judgeship created by section 302(c) shall not be filled. (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: DistrictsJudges Alabama: Northern7 Middle3 Southern3 Alaska3 Arizona17 Arkansas: Eastern5 Western3 California: Northern16 Eastern10 Central31 Southern13 Colorado8 Connecticut8 Delaware4 District of Columbia15 Florida: Northern4 Middle19 Southern19 Georgia: Northern11 Middle4 Southern3 Hawaii4 Idaho2 Illinois: Northern22 Central4 Southern4 Indiana: Northern5 Southern6 Iowa: Northern2 Southern3 Kansas6 Kentucky: Eastern5 Western4 Eastern and Western1 Louisiana: Eastern12 Middle3 Western7 Maine3 Maryland10 Massachusetts13 Michigan: Eastern15 Western4 Minnesota8 Mississippi: Northern3 Southern6 Missouri: Eastern7 Western6 Eastern and Western2 Montana3 Nebraska4 Nevada7 New Hampshire3 New Jersey17 New Mexico8 New York: Northern5 Southern28 Eastern18 Western5 North Carolina: Eastern4 Middle4 Western4 North Dakota2 Ohio: Northern11 Southern8 Oklahoma: Northern3 Eastern1 Western6 Northern, Eastern, and Western1 Oregon7 Pennsylvania: Eastern22 Middle6 Western10 Puerto Rico7 Rhode Island3 South Carolina11 South Dakota3 Tennessee: Eastern5 Middle4 Western5 Texas: Northern12 Southern21 Eastern8 Western14 Utah5 Vermont2 Virginia: Eastern12 Western4 Washington: Eastern4 Western8 West Virginia: Northern3 Southern5 Wisconsin: Eastern5 Western2 Wyoming3. .

4.

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.

5.

Effective date

(a)

In general

This Act (including the amendments made by this Act) shall take effect on January 21, 2009. (b)

Coordination rule

The amendments made by this Act shall take effect after the amendment made by section 509(a)(2) of the Court Security Improvement Act of 2007 (Public Law 110–177; 121 Stat 2543).

July 21 (legislative day, July 17), 2008 Reported without amendment