[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3020 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 3020
To increase the number of judgeships for the United States Court of
Appeals for the Ninth Circuit and certain district courts of the United
States, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 21, 2025
Mr. Sullivan (for himself, Mr. Crapo, Mr. Daines, Ms. Murkowski, Mr.
Risch, and Mr. Sheehy) introduced the following bill; which was read
twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To increase the number of judgeships for the United States Court of
Appeals for the Ninth Circuit and certain district courts of the United
States, 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 ``Judicial Efficiency Improvement
Act''.
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).
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 ``fourteen''; and
(2) in the table--
(A) by striking the item relating to the ninth
circuit and inserting the following:
``Ninth........................
California, Guam, Hawaii,
Northern Mariana
Islands.'';
and
(B) by inserting after the item relating to the
eleventh circuit the following:
``Twelfth......................
Alaska, Arizona, Idaho,
Montana, Nevada,
Oregon, Washington.''.
SEC. 4. CIRCUIT COURT JUDGESHIPS.
(a) New Judgeships.--The President shall appoint, by and with the
advice and consent of the Senate, 2 additional circuit judges for the
new ninth circuit, whose official duty station shall be in California.
(b) Effective Date.--This section shall take effect on the date of
enactment of this Act.
SEC. 5. 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 .................................................... 18'';
and
(2) by inserting after the item relating to the eleventh
circuit the following:
``Twelfth .................................................. 13''.
SEC. 6. 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........................
Honolulu, Pasadena, San
Francisco.'';
and
(2) by inserting after the item relating to the eleventh
circuit the following:
``Twelfth......................
Las Vegas, Phoenix, Portland,
Seattle.''.
SEC. 7. LOCATION OF TWELFTH CIRCUIT HEADQUARTERS.
The offices of the Circuit Executive of the Twelfth Circuit and the
Clerk of the Court of the Twelfth Circuit shall be located in Seattle,
Washington.
SEC. 8. 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 Mariana
Islands shall be a circuit judge of the new ninth circuit as of
that effective date; and
(2) is in Alaska, Arizona, Idaho, Montana, Nevada, Oregon,
or Washington shall be a circuit judge of the twelfth circuit
as of that effective date.
SEC. 9. 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--
(1) may elect to be assigned to the new ninth circuit or
the twelfth circuit as of that effective date; and
(2) shall notify the Director of the Administrative Office
of the United States Courts of the election made under
paragraph (1).
SEC. 10. SENIORITY OF JUDGES.
The seniority of each judge who is assigned under section 8 or
elects to be assigned under section 9 shall run from the date of
commission of the judge as a judge of the former ninth circuit.
SEC. 11. 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) Except as provided in paragraph (3), 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 on the date on which the 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 that court.
(3) If a petition for rehearing en banc is pending on or
after the effective date of this Act, the petition shall be
considered by the court of appeals to which the petition would
have been submitted had this Act been in full force and effect
on the date on which the appeal or other proceeding was filed
with the court of appeals.
SEC. 12. 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 United States Court of Appeals for the
Ninth Circuit may, in the public interest and upon request by the chief
judge of the United States Court of Appeals for the Twelfth Circuit,
designate and assign temporarily any circuit judge of the Ninth Circuit
to act as circuit judge in the Twelfth Circuit.
``(d) The chief judge of the United States Court of Appeals for the
Twelfth Circuit may, in the public interest and upon request by the
chief judge of the United States Court of Appeals for the Ninth
Circuit, designate and assign temporarily any circuit judge of the
Twelfth Circuit to act as circuit judge in the Ninth Circuit.''.
SEC. 13. 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 United States
Court of Appeals for the Twelfth Circuit, designate and assign
one or more district judges of the Ninth Circuit to sit upon
the Court of Appeals of the Twelfth Circuit, or a division
thereof, whenever the business of that court so requires; and
``(2) designate and assign temporarily any district judge
of the Ninth Circuit to hold a district court in any district
within the Twelfth 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 United States
Court of Appeals for the Ninth Circuit, designate and assign
one or more district judges of the Twelfth Circuit to sit upon
the Court of Appeals of the Ninth Circuit, or a division
thereof, whenever the business of that court so requires; and
``(2) designate and assign temporarily any district judge
of the Twelfth Circuit to hold a district court in any district
within the Ninth Circuit.
``(h) Any designation or assignment under subsection (f) or (g)
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. 14. ADDITIONAL DISTRICT JUDGES FOR THE DISTRICT COURTS.
(a) Additional Judgeships.--
(1) 2025.--
(A) In general.--The President shall appoint, by
and with the advice and consent of the Senate--
(i) 1 additional district judge for the
central district of California;
(ii) 1 additional district judge for the
eastern district of California;
(iii) 1 additional district judge for the
northern district of California;
(iv) 1 additional district judge for the
district of Delaware;
(v) 1 additional district judge for the
middle district of Florida;
(vi) 1 additional district judge for the
southern district of Indiana;
(vii) 1 additional district judge for the
northern district of Iowa;
(viii) 1 additional district judge for the
district of New Jersey;
(ix) 1 additional district judge for the
southern district of New York;
(x) 1 additional district judge for the
eastern district of Texas; and
(xi) 1 additional district judge for the
southern district of Texas.
(B) Tables.--The table contained in section 133(a)
of title 28, United States Code, is amended--
(i) by striking the items relating to
California and inserting the following:
``California:
Northern............................. 15
Eastern.............................. 7
Central.............................. 28
Southern............................. 13'';
(ii) by striking the item relating to
Delaware and inserting the following:
``Delaware........................... 5'';
(iii) by striking the items relating to
Florida and inserting the following:
``Florida:
Northern............................. 4
Middle............................... 16
Southern............................. 17'';
(iv) by striking the items relating to
Indiana and inserting the following:
``Indiana:
Northern............................. 5
Southern............................. 6'';
(v) by striking the items relating to Iowa
and inserting the following:
``Iowa:
Northern............................. 3
Southern............................. 3'';
(vi) by striking the item relating to New
Jersey and inserting the following:
``New Jersey......................... 18'';
(vii) by striking the items relating to New
York and inserting the following:
``New York:
Northern............................. 5
Southern............................. 29
Eastern.............................. 15
Western.............................. 4'';
and
(viii) by striking the items relating to
Texas and inserting the following:
``Texas:
Northern............................. 12
Southern............................. 20
Eastern.............................. 8
Western.............................. 13''.
(C) Effective date.--This paragraph shall take
effect on the date of enactment of this Act.
(2) 2027.--
(A) In general.--The President shall appoint, by
and with the advice and consent of the Senate--
(i) 1 additional district judge for the
district of Arizona;
(ii) 2 additional district judges for the
central district of California;
(iii) 1 additional district judge for the
eastern district of California;
(iv) 1 additional district judge for the
northern district of California;
(v) 1 additional district judge for the
middle district of Florida;
(vi) 1 additional district judge for the
southern district of Florida;
(vii) 1 additional district judge for the
northern district of Georgia;
(viii) 1 additional district judge for the
district of Idaho;
(ix) 1 additional district judge for the
northern district of Texas; and
(x) 1 additional district judge for the
southern district of Texas.
(B) Tables.--The table contained in section 133(a)
of title 28, United States Code, as amended by
paragraph (1) of this subsection, is amended--
(i) by striking the item relating to
Arizona and inserting the following:
``Arizona............................ 13'';
(ii) by striking the items relating to
California and inserting the following:
``California:
Northern............................. 16
Eastern.............................. 8
Central.............................. 30
Southern............................. 13'';
(iii) by striking the items relating to
Florida and inserting the following:
``Florida:
Northern............................. 4
Middle............................... 17
Southern............................. 18'';
(iv) by striking the items relating to
Georgia and inserting the following:
``Georgia:
Northern............................. 12
Middle............................... 4
Southern............................. 3'';
(v) by striking the item relating to Idaho
and inserting the following:
``Idaho.............................. 3'';
and
(vi) by striking the items relating to
Texas and inserting the following:
``Texas:
Northern............................. 13
Southern............................. 21
Eastern.............................. 8
Western.............................. 13''.
(C) Effective date.--This paragraph shall take
effect on January 21, 2027.
(3) 2029.--
(A) In general.--The President shall appoint, by
and with the advice and consent of the Senate--
(i) 1 additional district judge for the
central district of California;
(ii) 1 additional district judge for the
eastern district of California;
(iii) 1 additional district judge for the
northern district of California;
(iv) 1 additional district judge for the
district of Colorado;
(v) 1 additional district judge for the
district of Delaware;
(vi) 1 additional district judge for the
district of Nebraska;
(vii) 1 additional district judge for the
eastern district of New York;
(viii) 1 additional district judge for the
eastern district of Texas;
(ix) 1 additional district judge for the
southern district of Texas; and
(x) 1 additional district judge for the
western district of Texas.
(B) Tables.--The table contained in section 133(a)
of title 28, United States Code, as amended by
paragraph (2) of this subsection, is amended--
(i) by striking the items relating to
California and inserting the following:
``California:
Northern............................. 17
Eastern.............................. 9
Central.............................. 31
Southern............................. 13'';
(ii) by striking the item relating to
Colorado and inserting the following:
``Colorado........................... 8'';
(iii) by striking the item relating to
Delaware and inserting the following:
``Delaware........................... 6'';
(iv) by striking the item relating to
Nebraska and inserting the following:
``Nebraska........................... 4'';
(v) by striking the items relating to New
York and inserting the following:
``New York:
Northern............................. 5
Southern............................. 29
Eastern.............................. 16
Western.............................. 4'';
and
(vi) by striking the items relating to
Texas and inserting the following:
``Texas:
Northern............................. 13
Southern............................. 22
Eastern.............................. 9
Western.............................. 14''.
(C) Effective date.--This paragraph shall take
effect on January 21, 2029.
(4) 2031.--
(A) In general.--The President shall appoint, by
and with the advice and consent of the Senate--
(i) 1 additional district judge for the
district of Arizona;
(ii) 1 additional district judge for the
central district of California;
(iii) 1 additional district judge for the
eastern district of California;
(iv) 1 additional district judge for the
northern district of California;
(v) 1 additional district judge for the
southern district of California;
(vi) 1 additional district judge for the
middle district of Florida;
(vii) 1 additional district judge for the
southern district of Florida;
(viii) 1 additional district judge for the
district of New Jersey;
(ix) 1 additional district judge for the
western district of New York; and
(x) 2 additional district judges for the
western district of Texas.
(B) Tables.--The table contained in section 133(a)
of title 28, United States Code, as amended by
paragraph (3) of this subsection, is amended--
(i) by striking the item relating to
Arizona and inserting the following:
``Arizona............................ 14'';
(ii) by striking the items relating to
California and inserting the following:
``California:
Northern............................. 18
Eastern.............................. 10
Central.............................. 32
Southern............................. 14'';
(iii) by striking the items relating to
Florida and inserting the following:
``Florida:
Northern............................. 4
Middle............................... 18
Southern............................. 19'';
(iv) by striking the item relating to New
Jersey and inserting the following:
``New Jersey......................... 19'';
(v) by striking the items relating to New
York and inserting the following:
``New York:
Northern............................. 5
Southern............................. 29
Eastern.............................. 16
Western.............................. 5'';
and
(vi) by striking the items relating to
Texas and inserting the following:
``Texas:
Northern............................. 13
Southern............................. 22
Eastern.............................. 9
Western.............................. 16''.
(C) Effective date.--This paragraph shall take
effect on January 21, 2031.
(5) 2033.--
(A) In general.--The President shall appoint, by
and with the advice and consent of the Senate--
(i) 2 additional district judges for the
central district of California;
(ii) 1 additional district judge for the
northern district of California;
(iii) 1 additional district judge for the
district of Colorado;
(iv) 1 additional district judge for the
middle district of Florida;
(v) 1 additional district judge for the
northern district of Florida;
(vi) 1 additional district judge for the
northern district of Georgia;
(vii) 1 additional district judge for the
southern district of New York;
(viii) 1 additional district judge for the
southern district of Texas; and
(ix) 1 additional district judge for the
western district of Texas.
(B) Tables.--The table contained in section 133(a)
of title 28, United States Code, as amended by
paragraph (4) of this subsection, is amended--
(i) by striking the items relating to
California and inserting the following:
``California:
Northern............................. 19
Eastern.............................. 10
Central.............................. 34
Southern............................. 14'';
(ii) by striking the item relating to
Colorado and inserting the following:
``Colorado........................... 9'';
(iii) by striking the items relating to
Florida and inserting the following:
``Florida:
Northern............................. 5
Middle............................... 19
Southern............................. 19'';
(iv) by striking the items relating to
Georgia and inserting the following:
``Georgia:
Northern............................. 13
Middle............................... 4
Southern............................. 3'';
(v) by striking the items relating to New
York and inserting the following:
``New York:
Northern............................. 5
Southern............................. 30
Eastern.............................. 16
Western.............................. 5'';
and
(vi) by striking the items relating to
Texas and inserting the following:
``Texas:
Northern............................. 13
Southern............................. 23
Eastern.............................. 9
Western.............................. 17''.
(C) Effective date.--This paragraph shall take
effect on January 21, 2033.
(6) 2035.--
(A) In general.--The President shall appoint, by
and with the advice and consent of the Senate--
(i) 2 additional district judges for the
central district of California;
(ii) 1 additional district judge for the
northern district of California;
(iii) 1 additional district judge for the
southern district of California;
(iv) 1 additional district judge for the
middle district of Florida;
(v) 1 additional district judge for the
southern district of Florida;
(vi) 1 additional district judge for the
district of New Jersey;
(vii) 1 additional district judge for the
eastern district of New York; and
(viii) 2 additional district judges for the
western district of Texas.
(B) Tables.--The table contained in section 133(a)
of title 28, United States Code, as amended by
paragraph (5) of this subsection, is amended--
(i) by striking the items relating to
California and inserting the following:
``California:
Northern............................. 20
Eastern.............................. 10
Central.............................. 36
Southern............................. 15'';
(ii) by striking the items relating to
Florida and inserting the following:
``Florida:
Northern............................. 5
Middle............................... 20
Southern............................. 20'';
(iii) by striking the item relating to New
Jersey and inserting the following:
``New Jersey......................... 20'';
(iv) by striking the items relating to New
York and inserting the following:
``New York:
Northern............................. 5
Southern............................. 30
Eastern.............................. 17
Western.............................. 5'';
and
(v) by striking the items relating to Texas
and inserting the following:
``Texas:
Northern............................. 13
Southern............................. 23
Eastern.............................. 9
Western.............................. 19''.
(C) Effective date.--This paragraph shall take
effect on January 21, 2035.
(b) Temporary Judgeships.--
(1) In general.--The President shall appoint, by and with
the advice and consent of the Senate--
(A) 2 additional district judges for the eastern
district of Oklahoma; and
(B) 1 additional district judge for the northern
district of Oklahoma.
(2) Vacancies not filled.--The first vacancy in the office
of district judge in each of the offices of district judge
authorized by this subsection, occurring 5 years or more after
the confirmation date of the judge named to fill the temporary
district judgeship created in the applicable district by this
subsection, shall not be filled.
(3) Effective date.--This subsection shall take effect on
the date of enactment of this Act.
(c) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section and the amendments made by this
section--
(A) for each of fiscal years 2025 and 2026,
$12,965,330;
(B) for each of fiscal years 2027 and 2028,
$23,152,375;
(C) for each of fiscal years 2029 and 2030,
$32,413,325;
(D) for each of fiscal years 2031 and 2032,
$42,600,370;
(E) for each of fiscal years 2033 and 2034,
$51,861,320; and
(F) for fiscal year 2035 and each fiscal year
thereafter, $61,122,270.
(2) Inflation adjustment.--For each fiscal year described
in paragraph (1), the amount authorized to be appropriated for
such fiscal year shall be increased by the percentage by
which--
(A) the Consumer Price Index for the previous
fiscal year, exceeds
(B) the Consumer Price Index for the fiscal year
preceding the fiscal year described in subparagraph
(A).
(3) Definition.--In this subsection, the term ``Consumer
Price Index'' means the Consumer Price Index for All Urban
Consumers (all items, United States city average), published by
the Bureau of Labor Statistics of the Department of Labor.
SEC. 15. ADMINISTRATION.
(a) Transition Authority.--The court of appeals for the ninth
circuit as constituted on the day before the effective date of this Act
may take any administrative action that is required to carry out this
Act and the amendments made by this Act.
(b) Administrative Termination.--The court described in subsection
(a) shall cease to exist for administrative purposes 2 years after the
date of enactment of this Act.
SEC. 16. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act, including funds for additional court
facilities.
SEC. 17. EFFECTIVE DATE.
Except as provided in section 4(b) and 14, this Act and the
amendments made by this Act shall take effect 1 year after the date of
enactment of this Act.
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