Judicial Efficiency Improvement Act

II 118TH CONGRESS 1ST SESSION S. 1878 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 JUNE 8, 2023 Mr. SULLIVAN (for himself, Mr. CRAPO, Mr. DAINES, Ms. MURKOWSKI, and Mr. RISCH) introduced the following bill; which was read twice and re- ferred 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 dis- trict courts of the United States, 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 Efficiency Im- 4 provement Act’’. 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 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1878.IS S1878 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1878 IS 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(2)(A). 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(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.’’. VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\S1878.IS S1878 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1878 IS SEC. 4. CIRCUIT COURT JUDGESHIPS. 1 (a) NEW JUDGESHIPS.—The President shall appoint, 2 by and with the advice and consent of the Senate, 2 addi- 3 tional circuit judges for the new ninth circuit, whose offi- 4 cial duty station shall be in California. 5 (b) EFFECTIVE DATE.—This section shall take effect 6 on the date of enactment of this Act. 7 SEC. 5. NUMBER OF CIRCUIT JUDGES. 8 The table in section 44(a) of title 28, United States 9 Code, is amended— 10 (1) by striking the item relating to the ninth 11 circuit and inserting the following: 12 ‘‘Ninth ..................................................................................................... 18’’; and 13 (2) by inserting after the item relating to the 14 eleventh circuit the following: 15 ‘‘Twelfth .................................................................................................. 13’’. SEC. 6. PLACES OF CIRCUIT COURT. 16 The table in section 48(a) of title 28, United States 17 Code, is amended— 18 (1) by striking the item relating to the ninth 19 circuit and inserting the following: 20 ‘‘Ninth ........................................... Honolulu, Pasadena, San Fran- cisco.’’; and 21 VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1878.IS S1878 kjohnson on DSK79L0C42PROD with BILLS 4 •S 1878 IS (2) by inserting after the item relating to the 1 eleventh circuit the following: 2 ‘‘Twelfth ........................................ Las Vegas, Phoenix, Portland, Se- attle.’’. SEC. 7. LOCATION OF TWELFTH CIRCUIT HEADQUARTERS. 3 The offices of the Circuit Executive of the Twelfth 4 Circuit and the Clerk of the Court of the Twelfth Circuit 5 shall be located in Seattle, Washington. 6 SEC. 8. ASSIGNMENT OF CIRCUIT JUDGES. 7 Each circuit judge of the former ninth circuit who 8 is in regular active service and whose official duty station 9 on the day before the effective date of this Act— 10 (1) is in California, Guam, Hawaii, or the 11 Northern Mariana Islands shall be a circuit judge of 12 the new ninth circuit as of that effective date; and 13 (2) is in Alaska, Arizona, Idaho, Montana, Ne- 14 vada, Oregon, or Washington shall be a circuit judge 15 of the twelfth circuit as of that effective date. 16 SEC. 9. ELECTION OF ASSIGNMENT BY SENIOR JUDGES. 17 Each judge who is a senior circuit judge of the former 18 ninth circuit on the day before the effective date of this 19 Act— 20 (1) may elect to be assigned to the new ninth 21 circuit or the twelfth circuit as of that effective date; 22 and 23 VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1878.IS S1878 kjohnson on DSK79L0C42PROD with BILLS 5 •S 1878 IS (2) shall notify the Director of the Administra- 1 tive Office of the United States Courts of the elec- 2 tion made under paragraph (1). 3 SEC. 10. SENIORITY OF JUDGES. 4 The seniority of each judge who is assigned under 5 section 8 or elects to be assigned under section 9 shall 6 run from the date of commission of the judge as a judge 7 of the former ninth circuit. 8 SEC. 11. APPLICATION TO CASES. 9 The following apply to any case in which, on the day 10 before the effective date of this Act, an appeal or other 11 proceeding has been filed with the former ninth circuit: 12 (1) Except as provided in paragraph (3), if the 13 matter has been submitted for decision, further pro- 14 ceedings with respect to the matter shall be had in 15 the same manner and with the same effect as if this 16 Act had not been enacted. 17 (2) If the matter has not been submitted for de- 18 cision, the appeal or proceeding, together with the 19 original papers, printed records, and record entries 20 duly certified, shall, by appropriate orders, be trans- 21 ferred to the court to which the matter would have 22 been submitted had this Act been in full force and 23 effect on the date on which the appeal was taken or 24 other proceeding commenced, and further pro- 25 VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1878.IS S1878 kjohnson on DSK79L0C42PROD with BILLS 6 •S 1878 IS ceedings with respect to the case shall be had in the 1 same manner and with the same effect as if the ap- 2 peal or other proceeding had been filed in that court. 3 (3) If a petition for rehearing en banc is pend- 4 ing on or after the effective date of this Act, the pe- 5 tition shall be considered by the court of appeals to 6 which the petition would have been submitted had 7 this Act been in full force and effect on the date on 8 which the appeal or other proceeding was filed with 9 the court of appeals. 10 SEC. 12. TEMPORARY ASSIGNMENT OF CIRCUIT JUDGES 11 AMONG CIRCUITS. 12 Section 291 of title 28, United States Code, is 13 amended by adding at the end the following: 14 ‘‘(c) The chief judge of the United States Court of 15 Appeals for the Ninth Circuit may, in the public interest 16 and upon request by the chief judge of the United States 17 Court of Appeals for the Twelfth Circuit, designate and 18 assign temporarily any circuit judge of the Ninth Circuit 19 to act as circuit judge in the Twelfth Circuit. 20 ‘‘(d) The chief judge of the United States Court of 21 Appeals for the Twelfth Circuit may, in the public interest 22 and upon request by the chief judge of the United States 23 Court of Appeals for the Ninth Circuit, designate and as- 24 VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1878.IS S1878 kjohnson on DSK79L0C42PROD with BILLS 7 •S 1878 IS sign temporarily any circuit judge of the Twelfth Circuit 1 to act as circuit judge in the Ninth Circuit.’’. 2 SEC. 13. TEMPORARY ASSIGNMENT OF DISTRICT JUDGES 3 AMONG CIRCUITS. 4 Section 292 of title 28, United States Code, is 5 amended by adding at the end the following: 6 ‘‘(f) The chief judge of the United States Court of 7 Appeals for the Ninth Circuit may in the public interest— 8 ‘‘(1) upon request by the chief judge of the 9 United States Court of Appeals for the Twelfth Cir- 10 cuit, designate and assign one or more district 11 judges of the Ninth Circuit to sit upon the Court of 12 Appeals of the Twelfth Circuit, or a division thereof, 13 whenever the business of that court so requires; and 14 ‘‘(2) designate and assign temporarily any dis- 15 trict judge of the Ninth Circuit to hold a district 16 court in any district within the Twelfth Circuit. 17 ‘‘(g) The chief judge of the United States Court of 18 Appeals for the Twelfth Circuit may in the public inter- 19 est— 20 ‘‘(1) upon request by the chief judge of the 21 United States Court of Appeals for the Ninth Cir- 22 cuit, designate and assign one or more district 23 judges of the Twelfth Circuit to sit upon the Court 24 of Appeals of the Ninth Circuit, or a division there- 25 VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1878.IS S1878 kjohnson on DSK79L0C42PROD with BILLS 8 •S 1878 IS of, whenever the business of that court so requires; 1 and 2 ‘‘(2) designate and assign temporarily any dis- 3 trict judge of the Twelfth Circuit to hold a district 4 court in any district within the Ninth Circuit. 5 ‘‘(h) Any designation or assignment under subsection 6 (f) or (g) shall be in conformity with the rules or orders 7 of the court of appeals of, or the district within, as applica- 8 ble, the circuit to which the judge is designated or as- 9 signed.’’. 10 SEC. 14. DISTRICT JUDGES FOR THE DISTRICT COURTS. 11 (a) ADDITIONAL JUDGESHIPS.—The President shall 12 appoint, by and with the advice and consent of the Sen- 13 ate— 14 (1) 2 additional district judges for the district 15 of Arizona; 16 (2) 9 additional district judges for the central 17 district of California; 18 (3) 4 additional district judges for the eastern 19 district of California; 20 (4) 6 additional district judges for the northern 21 district of California; 22 (5) 2 additional district judges for the southern 23 district of California; 24 VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1878.IS S1878 kjohnson on DSK79L0C42PROD with BILLS 9 •S 1878 IS (6) 2 additional district judges for the district 1 of Colorado; 2 (7) 2 additional district judges for the district 3 of Delaware; 4 (8) 5 additional district judges for the middle 5 district of Florida; 6 (9) 1 additional district judge for the northern 7 district of Florida; 8 (10) 3 additional district judges for the south- 9 ern district of Florida; 10 (11) 2 additional district judges for the north- 11 ern district of Georgia; 12 (12) 1 additional district judge for the district 13 of Idaho; 14 (13) 1 additional district judge for the southern 15 district of Indiana; 16 (14) 1 additional district judge for the northern 17 district of Iowa; 18 (15) 1 additional district judge for the district 19 of Nebraska; 20 (16) 3 additional district judges for the district 21 of New Jersey; 22 (17) 2 additional district judges for the eastern 23 district of New York; 24 VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1878.IS S1878 kjohnson on DSK79L0C42PROD with BILLS 10 •S 1878 IS (18) 2 additional district judges for the south- 1 ern district of New York; 2 (19) 1 additional district judge for the western 3 district of New York; 4 (20) 2 additional district judges for the eastern 5 district of Oklahoma; 6 (21) 1 additional district judge for the northern 7 district of Oklahoma; 8 (22) 2 additional district judges for the eastern 9 district of Texas; 10 (23) 1 additional district judge for the northern 11 district of Texas; 12 (24) 4 additional district judges for the south- 13 ern district of Texas; and 14 (25) 6 additional district judges for the western 15 district of Texas. 16 (b) EXTENSION OF TEMPORARY JUDGESHIPS.—Sec- 17 tion 203(c) of the Judicial Improvements Act of 1990 18 (Public Law 101–650; 28 U.S.C. 133 note) is amended, 19 in second sentence of the matter following paragraph (12), 20 by striking ‘‘31 years’’ and inserting ‘‘36 years’’. 21 (c) CONVERSION OF TEMPORARY JUDGESHIPS.—The 22 existing judgeship for the eastern district of Missouri au- 23 thorized by section 203(c) of the Judicial Improvements 24 Act of 1990 (Public Law 101–650; 28 U.S.C. 133 note) 25 VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1878.IS S1878 kjohnson on DSK79L0C42PROD with BILLS 11 •S 1878 IS and the existing judgeships for the district of Arizona, the 1 central district of California, the southern district of Flor- 2 ida, the district of New Mexico, the western district of 3 North Carolina, and the eastern district of Texas author- 4 ized by section 312(c) of the 21st Century Department 5 of Justice Appropriations Authorization Act (Public Law 6 107–273, 28 U.S.C. 133 note), as of the date of enact- 7 ment of this Act, shall be authorized under section 133 8 of title 28, United States Code, and the incumbents in 9 those offices shall hold the office under section 133 of title 10 28, United States Code, as amended by this Act. 11 (d) TECHNICAL AND CONFORMING AMENDMENTS.— 12 The table contained in section 133(a) of title 28, United 13 States Code, is amended— 14 (1) by striking the item relating to the district 15 of Arizona and inserting the following: 16 ‘‘Arizona ................................................................. 15’’; (2) by striking the items relating to California 17 and inserting the following: 18 ‘‘California: Northern ................................................................. 20 Eastern ................................................................... 10 Central .................................................................... 37 Southern ................................................................. 15’’; (3) by striking the item relating to the district 19 of Colorado and inserting the following: 20 ‘‘Colorado ............................................................... 9’’; VerDate Sep 11 2014 23:27 Jun 30, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1878.IS S1878 kjohnson on DSK79L0C42PROD with BILLS 12 •S 1878 IS (4) by striking the item relating to the district 1 of Delaware and inserting the following: 2 ‘‘Delaware ................................. 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