Judicial Administration and Improvement Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 78 To amend title 28, United States Code, to divide the ninth judicial circuit of the United States into 2 circuits, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JANUARY 3, 2019 Mr. BIGGS (for himself, Mr. YOUNG, and Mr. DUNCAN) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 28, United States Code, to divide the ninth judicial circuit of the United States into 2 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 ‘‘Judicial Administra- 4 tion and Improvement Act of 2019’’. 5 SEC. 2. DEFINITIONS. 6 In this Act: 7 (1) FORMER NINTH CIRCUIT.—The term 8 ‘‘former ninth circuit’’ means the ninth judicial cir- 9 VerDate Sep 11 2014 22:20 Jan 10, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H78.IH H78 kjohnson on DSK79L0C42 with BILLS 2 •HR 78 IH cuit of the United States as in existence on the day 1 before the effective date of this Act. 2 (2) NEW NINTH CIRCUIT.—The term ‘‘new 3 ninth circuit’’ means the ninth judicial circuit of the 4 United States established by the amendment made 5 by section 3. 6 (3) TWELFTH CIRCUIT.—The term ‘‘twelfth cir- 7 cuit’’ means the twelfth judicial circuit of the United 8 States established by the amendment made by sec- 9 tion 3. 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, Hawaii, Oregon, Wash- ington, Guam, 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.’’. VerDate Sep 11 2014 22:20 Jan 10, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\H78.IH H78 kjohnson on DSK79L0C42 with BILLS 3 •HR 78 IH SEC. 4. 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 ...................................................................................................... 21’’; and 6 (2) by inserting after the item relating to the 7 eleventh circuit the following: 8 ‘‘Twelfth ................................................................................................... 8’’. SEC. 5. PLACES OF CIRCUIT COURT. 9 The table contained in section 48(a) of title 28, 10 United States Code, is amended by inserting after the 11 item relating to the eleventh circuit the following: 12 ‘‘Twelfth ........................................ Las Vegas, Phoenix, Anchorage, Mis- soula.’’. SEC. 6. ELECTION OF ASSIGNMENT OF CIRCUIT JUDGES. 13 (a) IN GENERAL.—Each circuit judge of the former 14 ninth circuit who is in regular active service and whose 15 official duty station on the day before the effective date 16 of this Act— 17 (1) is in California, Oregon, Washington, 18 Guam, Hawaii, or the Northern Mariana Islands 19 shall be a circuit judge of the new ninth circuit as 20 of such effective date; and 21 VerDate Sep 11 2014 22:20 Jan 10, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H78.IH H78 kjohnson on DSK79L0C42 with BILLS 4 •HR 78 IH (2) subject to subsection (b), is in Alaska, Ari- 1 zona, Idaho, Montana, or Nevada, shall be a circuit 2 judge of the twelfth circuit as of such effective date. 3 (b) ELECTION BY CERTAIN CIRCUIT JUDGES.—A cir- 4 cuit judge in regular active service as described in sub- 5 section (a)(2) may elect to be permanently assigned to the 6 new ninth circuit as of such effective date by notifying 7 the Director of the Administrative Office of the United 8 States Courts of such election. 9 (c) VACANCIES.—For each individual serving in the 10 position of circuit judge of the former ninth circuit whose 11 official duty station on the day before the effective date 12 of this Act is in Alaska, Arizona, Idaho, Montana, or Ne- 13 vada, after the date on which such individual ceases to 14 serve as a circuit judge, the President shall appoint, by 15 and with the advice and consent of the Senate, 1 addi- 16 tional circuit judge for the twelfth circuit, without regard 17 to whether such individual makes an election described in 18 subsection (b). 19 SEC. 7. ELECTION OF ASSIGNMENT BY SENIOR JUDGES. 20 Each judge who is a senior circuit judge of the former 21 ninth circuit, whose official duty station on the day before 22 the effective date of this Act is in Alaska, Arizona, Idaho, 23 Montana, or Nevada, may elect to be assigned to the new 24 ninth circuit or the twelfth circuit as of such effective date 25 VerDate Sep 11 2014 22:20 Jan 10, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H78.IH H78 kjohnson on DSK79L0C42 with BILLS 5 •HR 78 IH and shall notify the Director of the Administrative Office 1 of the United States Courts of such election. 2 SEC. 8. AUTHORIZATION OF TEMPORARY JUDGESHIPS. 3 (a) IN GENERAL.—For each circuit judge in regular 4 active service who elects to be assigned to the new ninth 5 circuit under section 6(b), the President shall appoint, by 6 and with the advice and consent of the Senate, 1 addi- 7 tional circuit judge for the twelfth circuit, resident in the 8 duty station of the circuit judge making the election as 9 of the day before the effective date of this Act. 10 (b) VACANCIES.—For each appointment made under 11 subsection (a) for the twelfth circuit, an equal number of 12 corresponding vacancies in the position of circuit judge for 13 the twelfth circuit shall not be filled. 14 SEC. 9. SENIORITY OF JUDGES. 15 (a) IN GENERAL.—The seniority of each judge— 16 (1) who elects to be assigned to the twelfth cir- 17 cuit under section 6(b); 18 (2) who elects to be assigned to the new ninth 19 circuit under section 6(b); or 20 (3) who elects to be assigned to the twelfth cir- 21 cuit under section 7, 22 shall run from the date of commission of such judge as 23 a judge of the former ninth circuit. 24 VerDate Sep 11 2014 22:20 Jan 10, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H78.IH H78 kjohnson on DSK79L0C42 with BILLS 6 •HR 78 IH (b) TEMPORARY TWELFTH CIRCUIT JUDGES.—The 1 seniority of each judge appointed under section 8(a) shall 2 run from the date of commission of such judge as a judge 3 of the twelfth circuit. 4 SEC. 10. APPLICATION TO CASES. 5 The following apply to any case in which, on the day 6 before the effective date of this Act, an appeal or other 7 proceeding has been filed with the former ninth circuit: 8 (1) Except as provided in paragraph (3), if the 9 matter has been submitted for decision, further pro- 10 ceedings with respect to the matter shall be had in 11 the same manner and with the same effect as if this 12 Act had not been enacted. 13 (2) If the matter has not been submitted for de- 14 cision, the appeal or proceeding, together with the 15 original papers, printed records, and record entries 16 duly certified, shall, by appropriate orders, be trans- 17 ferred to the court to which the matter would have 18 been submitted had this Act been in full force and 19 effect on the date on which such appeal was taken 20 or other proceeding commenced, and further pro- 21 ceedings with respect to the case shall be had in the 22 same manner and with the same effect as if the ap- 23 peal or other proceeding had been filed in such 24 court. 25 VerDate Sep 11 2014 22:20 Jan 10, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H78.IH H78 kjohnson on DSK79L0C42 with BILLS 7 •HR 78 IH (3) If a petition for rehearing en banc is pend- 1 ing on or after the effective date of this Act, the pe- 2 tition shall be considered by the court of appeals to 3 which the petition would have been submitted had 4 this Act been in full force and effect on the date on 5 which the appeal or other proceeding was filed with 6 the court of appeals. 7 SEC. 11. ADMINISTRATION. 8 (a) IN GENERAL.—The court of appeals for the ninth 9 circuit as constituted on the day before the effective date 10 of this Act may take such administrative action as may 11 be required to carry out this Act and the amendments 12 made by this Act. 13 (b) ADMINISTRATIVE TERMINATION.—The court de- 14 scribed in subsection (a) shall cease to exist for adminis- 15 trative purposes 2 years after the effective date of this 16 Act. 17 SEC. 12. EFFECTIVE DATE. 18 This Act and the amendments made by this Act shall 19 take effect 1 year after the date of enactment of this Act. 20 SEC. 13. AUTHORIZATION OF APPROPRIATIONS. 21 There are authorized to be appropriated such sums 22 as may be necessary to carry out this Act and the amend- 23 ments made by this Act, including such sums as may be 24 necessary to provide appropriate space and facilities for 25 VerDate Sep 11 2014 22:20 Jan 10, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H78.IH H78 kjohnson on DSK79L0C42 with BILLS 8 •HR 78 IH any judicial positions created by this Act or an amendment 1 made by this Act. 2 Æ VerDate Sep 11 2014 22:20 Jan 10, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6301 E:\BILLS\H78.IH H78 kjohnson on DSK79L0C42 with BILLS