What This Bill Does
This bill creates a new federal court circuit by splitting the current Ninth Judicial Circuit into two separate circuits. It adds new judgeships to the federal court system and reorganizes which states belong to which circuit court.
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Who It Affects
Federal circuit judges (appeals court judges) in the western United States, people filing appeals in California, Hawaii, Guam, Northern Mariana Islands, Alaska, Arizona, Idaho, Montana, Nevada, Oregon and Washington, and the federal court system administration.
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Key Provisions
• The President shall appoint 2 additional circuit judges for the former ninth circuit, with duty stations in Arizona, California or Nevada (Sec. 4(a)(1))
• The President shall appoint 3 additional circuit judges for the new ninth circuit, but these judges cannot be appointed before January 21, 2023 (Sec. 4(a)(2))
• The President shall appoint 2 temporary circuit judges for the former ninth circuit, and the first 2 vacancies in the new ninth circuit occurring 10 or more years after these temporary judges are confirmed shall not be filled (Sec. 4(b))
• The new ninth circuit shall include California, Guam, Hawaii and Northern Mariana Islands, while the new twelfth circuit shall include Alaska, Arizona, Idaho, Montana, Nevada, Oregon and Washington (Sec. 3(2)(A) and (B))
• Circuit judges from one circuit can be temporarily assigned to work in the other circuit when the chief judge requests and determines it serves the public interest (Sec. 11)
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What Changes
The current ninth circuit splits into a smaller ninth circuit and a new twelfth circuit. Judges currently serving in the ninth circuit are automatically assigned to either the new ninth or twelfth circuit based on their duty station location, unless they choose otherwise. The total number of federal judicial circuits increases from thirteen to fourteen. Cases already filed in the old ninth circuit continue under the same rules as if the split had not happened.
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Important Definitions
The bill defines "former ninth circuit" as the ninth judicial circuit as it existed before this law takes effect. It defines "new ninth circuit" as the ninth circuit created by this law. It defines "twelfth circuit" as the new circuit created by this law.
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Effective Date
This bill takes effect on the first day of the first fiscal year that begins after 9 months have passed from the date when 5 of the judges authorized under Section 4 have been confirmed by the Senate. Section 4 takes effect on the date the bill becomes law.
I
118TH CONGRESS
1ST SESSION
H. R. 270
To amend title 28, United States Code, to provide for the appointment
of additional Federal circuit judges, to divide the Ninth Judicial Circuit
of the United States into two judicial circuits, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 10, 2023
Mr. SIMPSON (for himself and Mr. FULCHER) introduced the following bill;
which was referred to the Committee on the Judiciary
A BILL
To amend title 28, United States Code, to provide for the
appointment of additional Federal circuit judges, to di-
vide the Ninth Judicial Circuit of the United States
into two judicial circuits, and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Ninth Circuit Court
4
of Appeals Judgeship and Reorganization Act of 2023’’.
5
SEC. 2. DEFINITIONS.
6
In this Act—
7
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•HR 270 IH
(1) the term ‘‘former ninth circuit’’ means the
1
ninth judicial circuit of the United States as in ex-
2
istence on the day before the effective date of this
3
Act;
4
(2) the term ‘‘new ninth circuit’’ means the
5
ninth judicial circuit of the United States established
6
by the amendment made by section 3(2)(A); and
7
(3) the term ‘‘twelfth circuit’’ means the twelfth
8
judicial circuit of the United States established by
9
the amendment made by section 3(2)(B).
10
SEC. 3. NUMBER AND COMPOSITION OF CIRCUITS.
11
Section 41 of title 28, United States Code, is amend-
12
ed—
13
(1) in the matter preceding the table, by strik-
14
ing ‘‘thirteen’’ and inserting ‘‘fourteen’’; and
15
(2) in the table—
16
(A) by striking the item relating to the
17
ninth circuit and inserting the following:
18
‘‘Ninth ..................................................
California, Guam, Hawaii, Northern
Mariana Islands.’’;
and
19
(B) by inserting after the item relating to
20
the eleventh circuit the following:
21
‘‘Twelfth ...............................................
Alaska, Arizona, Idaho, Montana, Ne-
vada, Oregon, Washington.’’.
SEC. 4. JUDGESHIPS.
22
(a) NEW JUDGESHIPS.—
23
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•HR 270 IH
(1) FOR FORMER NINTH CIRCUIT.—The Presi-
1
dent shall appoint, by and with the advice and con-
2
sent of the Senate, 2 additional circuit judges for
3
the former ninth circuit. The official duty station of
4
a judge appointed under this paragraph shall be in
5
Arizona, California, or Nevada.
6
(2) FOR NEW NINTH CIRCUIT.—The President
7
shall appoint, by and with the advice and consent of
8
the Senate, 3 circuit judges for the new ninth cir-
9
cuit. The judges authorized by this paragraph shall
10
not be appointed before January 21, 2023.
11
(b) TEMPORARY JUDGESHIPS.—
12
(1) APPOINTMENT OF JUDGES.—The President
13
shall appoint, by and with the advice and consent of
14
the Senate, 2 additional circuit judges for the former
15
ninth circuit. The official duty station of a judge ap-
16
pointed under this paragraph shall be in Arizona,
17
California, or Nevada.
18
(2) EFFECT OF VACANCIES.—The first 2 vacan-
19
cies occurring on the new ninth circuit 10 years or
20
more after judges are first confirmed to fill both
21
temporary circuit judgeships created by this sub-
22
section shall not be filled.
23
(c) EFFECTIVE DATE.—This section shall take effect
24
on the date of the enactment of this Act.
25
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•HR 270 IH
SEC. 5. NUMBER OF CIRCUIT JUDGES.
1
The table contained in section 44(a) of title 28,
2
United States Code, is amended—
3
(1) by striking the item relating to the ninth
4
circuit and inserting the following:
5
‘‘Ninth ............................................................................................
25’’;
and
6
(2) by inserting after the item relating to the
7
eleventh circuit the following:
8
‘‘Twelfth .........................................................................................
9’’.
SEC. 6. PLACES OF CIRCUIT COURT.
9
The table contained in section 48(a) of title 28,
10
United States Code, is amended—
11
(1) by striking the item relating to the ninth
12
circuit and inserting the following:
13
‘‘Ninth ..................................................
Honolulu, San Francisco, Pasadena.’’;
and
14
(2) by inserting after the item relating to the
15
eleventh circuit the following:
16
‘‘Twelfth ...............................................
Phoenix, Seattle.’’.
SEC. 7. ASSIGNMENT OF CIRCUIT JUDGES.
17
(a) IN GENERAL.—Except as provided in subsection
18
(b), each circuit judge of the former ninth circuit who is
19
in regular active service and whose official duty station
20
on the day before the effective date of this Act—
21
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•HR 270 IH
(1) is in California, Guam, Hawaii, or the
1
Northern Mariana Islands shall be a circuit judge of
2
the new ninth circuit as of such effective date; and
3
(2) is in Alaska, Arizona, Idaho, Montana, Ne-
4
vada, Oregon, or Washington shall be a circuit judge
5
of the twelfth circuit as of such effective date.
6
(b) SPECIAL RULE TO ENSURE STATUTORY DIS-
7
TRIBUTION
OF JUDGES.—If the assignment of judges
8
under subsection (a) would result in a number of judges
9
in either the new ninth circuit or the twelfth circuit that
10
exceeds the number provided for that circuit in the table
11
contained in section 44(a) of title 28, United States Code,
12
as amended by section 5 of this Act, then a number of
13
judges accounting for such excess who are the least senior
14
in commission shall be assigned to the other circuit.
15
SEC. 8. ELECTION OF ASSIGNMENT BY SENIOR JUDGES.
16
Each judge who is a senior circuit judge of the former
17
ninth circuit on the day before the effective date of this
18
Act may elect to be assigned to the new ninth circuit or
19
to the twelfth circuit as of such effective date, and shall
20
notify the Director of the Administrative Office of the
21
United States Courts of such election.
22
SEC. 9. SENIORITY OF JUDGES.
23
The seniority of each judge—
24
(1) who is assigned under section 7, or
25
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•HR 270 IH
(2) who elects to be assigned under section 8,
1
shall run from the date of commission of such judge as
2
a judge of the former ninth circuit.
3
SEC. 10. APPLICATION TO CASES.
4
The following apply to any case in which, on the day
5
before the effective date of this Act, an appeal or other
6
proceeding has been filed with the former ninth circuit:
7
(1) If the matter has been submitted for deci-
8
sion, further proceedings with respect to the matter
9
shall be had in the same manner and with the same
10
effect as if this Act had not been enacted.
11
(2) If the matter has not been submitted for de-
12
cision, the appeal or proceeding, together with the
13
original papers, printed records, and record entries
14
duly certified, shall, by appropriate orders, be trans-
15
ferred to the court to which the matter would have
16
been submitted had this Act been in full force and
17
effect at the time such appeal was taken or other
18
proceeding commenced, and further proceedings with
19
respect to the case shall be had in the same manner
20
and with the same effect as if the appeal or other
21
proceeding had been filed in such court.
22
(3) A petition for rehearing or a petition for re-
23
hearing en banc in a matter decided before the effec-
24
tive date of this Act, or submitted before the effec-
25
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•HR 270 IH
tive date of this Act and decided on or after such
1
effective date as provided in paragraph (1), shall be
2
treated in the same manner and with the same effect
3
as though this Act had not been enacted. If a peti-
4
tion for rehearing en banc is granted, the matter
5
shall be reheard by a court comprised as though this
6
Act had not been enacted.
7
SEC. 11. TEMPORARY ASSIGNMENT OF CIRCUIT JUDGES
8
BETWEEN CIRCUITS.
9
Section 291 of title 28, United States Code, is
10
amended by adding at the end the following new sub-
11
sections:
12
‘‘(c) The chief judge of the ninth circuit may, in the
13
public interest and upon request by the chief judge of the
14
twelfth circuit, designate and assign temporarily any cir-
15
cuit judge of the ninth circuit to act as circuit judge in
16
the twelfth circuit.
17
‘‘(d) The chief judge of the twelfth circuit may, in
18
the public interest and upon request by the chief judge
19
of the ninth circuit, designate and assign temporarily any
20
circuit judge of the twelfth circuit to act as circuit judge
21
in the ninth circuit.’’.
22
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•HR 270 IH
SEC. 12. TEMPORARY ASSIGNMENT OF DISTRICT JUDGES
1
BETWEEN CIRCUITS.
2
Section 292 of title 28, United States Code, is
3
amended by adding at the end the following new sub-
4
sections:
5
‘‘(f) The chief judge of the ninth circuit may in the
6
public interest—
7
‘‘(1) upon request by the chief judge of the
8
twelfth circuit, designate and assign one or more
9
district judges within the ninth circuit to sit upon
10
the Court of Appeals of the Twelfth Circuit or a di-
11
vision thereof whenever the business of that court so
12
requires; and
13
‘‘(2) designate and assign temporarily any dis-
14
trict judge of the ninth circuit to hold a district
15
court in any district within the twelfth circuit.
16
‘‘(g) The chief judge of the twelfth circuit may in the
17
public interest—
18
‘‘(1) upon request by the chief judge of the
19
ninth circuit, designate and assign one or more dis-
20
trict judges within the twelfth circuit to sit upon the
21
Court of Appeals of the Ninth Circuit or a division
22
thereof whenever the business of that court so re-
23
quires; and
24
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•HR 270 IH
‘‘(2) designate and assign temporarily any dis-
1
trict judge of the twelfth circuit to hold a district
2
court in any district within the ninth circuit.
3
‘‘(h) Any designation and assignment of a judge
4
under subsection (f)(1) or (g)(1) shall be in conformity
5
with the rules or orders of the court of appeals of the cir-
6
cuit to which the judge is designated and assigned.’’.
7
SEC. 13. ADMINISTRATIVE COORDINATION.
8
Section 332 of title 28, United States Code, is
9
amended by adding at the end the following new sub-
10
section:
11
‘‘(i) Any 2 contiguous circuits may jointly carry out
12
such administrative functions and activities as the judicial
13
councils of the 2 circuits determine may benefit from co-
14
ordination or consolidation.’’.
15
SEC. 14. ADMINISTRATION.
16
The United States Court of Appeals for the Ninth
17
Circuit as constituted on the day before the effective date
18
of this Act may take such administrative action as may
19
be required to carry out this Act and the amendments
20
made by this Act. Such court shall cease to exist for ad-
21
ministrative purposes upon the expiration of the 2-year pe-
22
riod beginning on the effective date of this Act.
23
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•HR 270 IH
SEC. 15. EFFECTIVE DATE.
1
Except as provided in section 4(c), this Act and the
2
amendments made by this Act shall take effect on the first
3
day of the first fiscal year that begins after the expiration
4
of the 9-month period beginning on the first date on which
5
5 of the judges authorized to be appointed under section
6
4 have been confirmed by the United States Senate.
7
SEC. 16. AUTHORIZATION OF APPROPRIATIONS.
8
There are authorized to be appropriated such sums
9
as may be necessary to carry out this Act, including funds
10
for additional court facilities.
11
Æ
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