Ninth Circuit Court of Appeals Judgeship and Reorganization Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 215 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 3, 2019 Mr. SIMPSON 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 2019’’. 5 SEC. 2. DEFINITIONS. 6 In this Act— 7 VerDate Sep 11 2014 19:28 Jan 16, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H215.IH H215 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 215 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 VerDate Sep 11 2014 19:28 Jan 16, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H215.IH H215 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 215 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, 2019. 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 VerDate Sep 11 2014 19:28 Jan 16, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H215.IH H215 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 215 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 VerDate Sep 11 2014 19:28 Jan 16, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H215.IH H215 pamtmann on DSKBFK8HB2PROD with BILLS 5 •HR 215 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 VerDate Sep 11 2014 19:28 Jan 16, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H215.IH H215 pamtmann on DSKBFK8HB2PROD with BILLS 6 •HR 215 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 VerDate Sep 11 2014 19:28 Jan 16, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H215.IH H215 pamtmann on DSKBFK8HB2PROD with BILLS 7 •HR 215 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 VerDate Sep 11 2014 19:28 Jan 16, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H215.IH H215 pamtmann on DSKBFK8HB2PROD with BILLS 8 •HR 215 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 17 the 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 21 the Court of Appeals of the Ninth Circuit or a divi- 22 sion thereof whenever the business of that court so 23 requires; and 24 VerDate Sep 11 2014 19:28 Jan 16, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H215.IH H215 pamtmann on DSKBFK8HB2PROD with BILLS 9 •HR 215 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 VerDate Sep 11 2014 19:28 Jan 16, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H215.IH H215 pamtmann on DSKBFK8HB2PROD with BILLS 10 •HR 215 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 VerDate Sep 11 2014 19:28 Jan 16, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6301 E:\BILLS\H215.IH H215 pamtmann on DSKBFK8HB2PROD with BILLS