II 

116TH CONGRESS 

1ST SESSION S. 722 

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 

MARCH 7, 2019 

Mr. SULLIVAN (for himself, Ms. MURKOWSKI, Mr. DAINES, and Ms. 

MCSALLY) 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Judicial Efficiency Im5 provement Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) FORMER NINTH CIRCUIT.—The term 

9 ‘‘former ninth circuit’’ means the ninth judicial cirVerDate Sep 11 2014 03:49 Mar 19, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S722.IS S722

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1 cuit of the United States as in existence on the day 

2 before the effective date of this Act. 

3 (2) NEW NINTH CIRCUIT.—The term ‘‘new 

4 ninth circuit’’ means the ninth judicial circuit of the 

5 United States established by the amendment made 

6 by section 3(2)(A). 

7 (3) TWELFTH CIRCUIT.—The term ‘‘twelfth cir8 cuit’’ means the twelfth judicial circuit of the United 

9 States established by the amendment made by sec10 tion 3(2)(B). 

11 SEC. 3. NUMBER AND COMPOSITION OF CIRCUITS. 

12 Section 41 of title 28, United States Code, is amend13 ed— 

14 (1) in the matter preceding the table, by strik15 ing ‘‘thirteen’’ and inserting ‘‘fourteen’’; and 

16 (2) in the table— 

17 (A) by striking the item relating to the 

18 ninth circuit and inserting the following: 

‘‘Ninth ........................................... California, Guam, Hawaii, Northern 

Mariana Islands.’’; 

19 and 

20 (B) by inserting after the item relating to 

21 the eleventh circuit the following: 

‘‘Twelfth ........................................ Alaska, Arizona, Idaho, Montana, Nevada, Oregon, Washington.’’. 


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1 SEC. 4. CIRCUIT COURT JUDGESHIPS. 

2 (a) NEW JUDGESHIPS.—The President shall appoint, 

3 by and with the advice and consent of the Senate— 

4 (1) 4 additional circuit judges for the new ninth 

5 circuit, whose official duty station shall be in Cali6 fornia; and 

7 (2) 1 additional circuit judge for the twelfth cir8 cuit, whose official duty station shall be in Idaho. 

9 (b) TEMPORARY JUDGESHIPS.— 

10 (1) APPOINTMENT OF JUDGES.—The President 

11 shall appoint, by and with the advice and consent of 

12 the Senate, 2 additional circuit judges for the former 

13 ninth circuit, whose official duty station shall be in 

14 California. 

15 (2) EFFECT OF VACANCIES.—The first 2 vacan16 cies in the position of circuit judge for the new ninth 

17 circuit occurring 10 years or more after judges are 

18 first confirmed to fill both temporary circuit judge19 ships created by this subsection shall not be filled. 

20 (c) EFFECTIVE DATE.—This section shall take effect 

21 on the date of enactment of this Act. 

22 SEC. 5. NUMBER OF CIRCUIT JUDGES. 

23 The table in section 44(a) of title 28, United States 

24 Code, is amended— 


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1 (1) by striking the item relating to the ninth 

2 circuit and inserting the following: 

‘‘Ninth ..................................................................................................... 20’’; 

3 and 

4 (2) by inserting after the item relating to the 

5 eleventh circuit the following: 

‘‘Twelfth .................................................................................................. 14’’. 

6 SEC. 6. PLACES OF CIRCUIT COURT. 

7 The table in section 48(a) of title 28, United States 

8 Code, is amended— 

9 (1) by striking the item relating to the ninth 

10 circuit and inserting the following: 

‘‘Ninth ........................................... Honolulu, Pasadena, San Francisco.’’; 

11 and 

12 (2) by inserting after the item relating to the 

13 eleventh circuit the following: 

‘‘Twelfth ........................................ Las Vegas, Phoenix, Portland, Seattle.’’. 

14 SEC. 7. LOCATION OF TWELFTH CIRCUIT HEADQUARTERS. 

15 The offices of the Circuit Executive of the Twelfth 

16 Circuit and the Clerk of the Court of the Twelfth Circuit 

17 shall be located in Seattle, Washington. 

18 SEC. 8. ASSIGNMENT OF CIRCUIT JUDGES. 

19 Each circuit judge of the former ninth circuit who 

20 is in regular active service and whose official duty station 

21 on the day before the effective date of this Act— 


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1 (1) is in California, Guam, Hawaii, or the 

2 Northern Mariana Islands shall be a circuit judge of 

3 the new ninth circuit as of that effective date; and 

4 (2) is in Alaska, Arizona, Idaho, Montana, Ne5 vada, Oregon, or Washington shall be a circuit judge 

6 of the twelfth circuit as of that effective date. 

7 SEC. 9. ELECTION OF ASSIGNMENT BY SENIOR JUDGES. 

8 Each judge who is a senior circuit judge of the former 

9 ninth circuit on the day before the effective date of this 

10 Act— 

11 (1) may elect to be assigned to the new ninth 

12 circuit or the twelfth circuit as of that effective date; 

13 and 

14 (2) shall notify the Director of the Administra15 tive Office of the United States Courts of the elec16 tion made under paragraph (1). 

17 SEC. 10. SENIORITY OF JUDGES. 

18 The seniority of each judge who is assigned under 

19 section 8 or elects to be assigned under section 9 shall 

20 run from the date of commission of the judge as a judge 

21 of the former ninth circuit. 

22 SEC. 11. APPLICATION TO CASES. 

23 The following apply to any case in which, on the day 

24 before the effective date of this Act, an appeal or other 

25 proceeding has been filed with the former ninth circuit: 


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1 (1) Except as provided in paragraph (3), if the 

2 matter has been submitted for decision, further pro3 ceedings with respect to the matter shall be had in 

4 the same manner and with the same effect as if this 

5 Act had not been enacted. 

6 (2) If the matter has not been submitted for de7 cision, the appeal or proceeding, together with the 

8 original papers, printed records, and record entries 

9 duly certified, shall, by appropriate orders, be trans10 ferred to the court to which the matter would have 

11 been submitted had this Act been in full force and 

12 effect on the date on which the appeal was taken or 

13 other proceeding commenced, and further pro14 ceedings with respect to the case shall be had in the 

15 same manner and with the same effect as if the ap16 peal or other proceeding had been filed in that court. 

17 (3) If a petition for rehearing en banc is pend18 ing on or after the effective date of this Act, the pe19 tition shall be considered by the court of appeals to 

20 which the petition would have been submitted had 

21 this Act been in full force and effect on the date on 

22 which the appeal or other proceeding was filed with 

23 the court of appeals. 


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1 SEC. 12. TEMPORARY ASSIGNMENT OF CIRCUIT JUDGES 

2 AMONG CIRCUITS. 

3 Section 291 of title 28, United States Code, is 

4 amended by adding at the end the following: 

5 ‘‘(c) The chief judge of the Ninth Circuit may, in the 

6 public interest and upon request by the chief judge of the 

7 Twelfth Circuit, designate and assign temporarily any cir8 cuit judge of the Ninth Circuit to act as circuit judge in 

9 the Twelfth Circuit. 

10 ‘‘(d) The chief judge of the Twelfth Circuit may, in 

11 the public interest and upon request by the chief judge 

12 of the Ninth Circuit, designate and assign temporarily any 

13 circuit judge of the Twelfth Circuit to act as circuit judge 

14 in the Ninth Circuit.’’. 

15 SEC. 13. TEMPORARY ASSIGNMENT OF DISTRICT JUDGES 

16 AMONG CIRCUITS. 

17 Section 292 of title 28, United States Code, is 

18 amended by adding at the end the following: 

19 ‘‘(f) The chief judge of the United States Court of 

20 Appeals for the Ninth Circuit may in the public interest— 

21 ‘‘(1) upon request by the chief judge of the 

22 Twelfth Circuit, designate and assign one or more 

23 district judges within the Ninth Circuit to sit upon 

24 the Court of Appeals of the Twelfth Circuit, or a di25 vision thereof, whenever the business of that court 

26 so requires; and 


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1 ‘‘(2) designate and assign temporarily any dis2 trict judge within the Ninth Circuit to hold a district 

3 court in any district within the Twelfth Circuit. 

4 ‘‘(g) The chief judge of the United States Court of 

5 Appeals for the Twelfth Circuit may in the public inter6 est— 

7 ‘‘(1) upon request by the chief judge of the 

8 Ninth Circuit, designate and assign one or more dis9 trict judges within the Twelfth Circuit to sit upon 

10 the Court of Appeals of the Ninth Circuit, or a divi11 sion thereof, whenever the business of that court so 

12 requires; and 

13 ‘‘(2) designate and assign temporarily any dis14 trict judge within the Twelfth Circuit to hold a dis15 trict court in any district within the Ninth Circuit. 

16 ‘‘(h) Any designation or assignment under subsection 

17 (f) or (g) shall be in conformity with the rules or orders 

18 of the court of appeals of, or the district within, as applica19 ble, the circuit to which the judge is designated or as20 signed.’’. 

21 SEC. 14. DISTRICT JUDGES FOR THE DISTRICT COURTS. 

22 (a) ADDITIONAL JUDGESHIPS.—The President shall 

23 appoint, by and with the advice and consent of the Sen24 ate— 


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1 (1) 4 additional district judges for the district 

2 of Arizona; 

3 (2) 7 additional district judges for the central 

4 district of California; 

5 (3) 5 additional district judges for the eastern 

6 district of California; 

7 (4) 2 additional district judges for the northern 

8 district of California; 

9 (5) 3 additional district judges for the southern 

10 district of California; 

11 (6) 1 additional district judge for the district of 

12 Colorado; 

13 (7) 1 additional district judge for the district of 

14 Delaware; 

15 (8) 6 additional district judges for the middle 

16 district of Florida; 

17 (9) 1 additional district judge for the northern 

18 district of Florida; 

19 (10) 3 additional district judges for the south20 ern district of Florida; 

21 (11) 1 additional district judge for the northern 

22 district of Georgia; 

23 (12) 1 additional district judge for the district 

24 of Idaho; 


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1 (13) 1 additional district judge for the southern 

2 district of Indiana; 

3 (14) 1 additional district judge for the district 

4 of Minnesota; 

5 (15) 1 additional district judge for the district 

6 of Nevada; 

7 (16) 3 additional district judges for the district 

8 of New Jersey; 

9 (17) 2 additional district judges for the district 

10 of New Mexico; 

11 (18) 2 additional district judges for the eastern 

12 district of New York; 

13 (19) 1 additional district judge for the southern 

14 district of New York; 

15 (20) 1 additional district judge for the western 

16 district of New York; 

17 (21) 1 additional district judge for the district 

18 of Puerto Rico; 

19 (22) 2 additional district judges for the eastern 

20 district of Texas; 

21 (23) 2 additional district judges for the south22 ern district of Texas; and 

23 (24) 4 additional district judges for the western 

24 district of Texas. 


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1 (b) CONVERSION OF TEMPORARY JUDGESHIPS.—The 

2 existing judgeships for the district of Kansas and the east3 ern district of Missouri authorized by section 203(c) of 

4 the Judicial Improvements Act of 1990 (Public Law 101– 

5 650; 28 U.S.C. 133 note) and the existing judgeships for 

6 the district of Arizona, the central district of California, 

7 the southern district of Florida, the district of New Mex8 ico, the western district of North Carolina, and the eastern 

9 district of Texas authorized by section 312(c) of the 21st 

10 Century Department of Justice Appropriations Authoriza11 tion Act (Public Law 107–273, 28 U.S.C. 133 note), as 

12 of the date of enactment of this Act, shall be authorized 

13 under section 133 of title 28, United States Code, and 

14 the incumbents in those offices shall hold the office under 

15 section 133 of title 28, United States Code, as amended 

16 by this Act. 

17 (c) TECHNICAL AND CONFORMING AMENDMENTS.— 

18 The table contained in section 133(a) of title 28, United 

19 States Code, is amended— 

20 (1) by striking the item relating to the district 

21 of Arizona and inserting the following: 

‘‘Arizona ................................................................. 17’’; 

22 (2) by striking the items relating to California 

23 and inserting the following: 

‘‘California: 

Northern ................................................................. 16 


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Eastern ................................................................... 11 

Central .................................................................... 35 

Southern ................................................................. 16’’; 

1 (3) by striking the item relating to the district 

2 of Colorado and inserting the following: 

‘‘Colorado ............................................................... 8’’; 

3 (4) by striking the item relating to the district 

4 of Delaware and inserting the following: 

‘‘Delaware ............................................................... 5’’; 

5 (5) by striking the items relating to Florida and 

6 inserting the following: 

‘‘Florida: 

Northern ................................................................. 5 

Middle ..................................................................... 21 

Southern ................................................................. 21’’; 

7 (6) by striking the items relating to Georgia 

8 and inserting the following: 

‘‘Georgia: 

Northern ................................................................. 12 

Middle ..................................................................... 4 

Southern ................................................................. 3’’; 

9 (7) by striking the item relating to Idaho and 

10 inserting the following: 

‘‘Idaho .................................................................... 3’’; 

11 (8) by striking the items relating to Indiana 

12 and inserting the following: 

‘‘Indiana: 

Northern ................................................................. 5 

Southern ................................................................. 6’’; 


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1 (9) by striking the item relating to Kansas and 

2 inserting the following: 

‘‘Kansas .................................................................. 6’’; 

3 (10) by striking the item relating to Minnesota 

4 and inserting the following: 

‘‘Minnesota ............................................................. 8’’; 

5 (11) by striking the items relating to Missouri 

6 and inserting the following: 

‘‘Missouri: 

Eastern ................................................................... 8 

Western .................................................................. 5 

Eastern and Western ............................................. 2’’; 

7 (12) by striking the item relating to Nevada 

8 and inserting the following: 

‘‘Nevada ................................................................. 8’’; 

9 (13) by striking the item relating to New Jer10 sey and inserting the following: 

‘‘New Jersey ........................................................... 20’’; 

11 (14) by striking the item relating to New Mex12 ico and inserting the following: 

‘‘New Mexico .......................................................... 9’’; 

13 (15) by striking the items relating to New York 

14 and inserting the following: 

‘‘New York: 

Northern ................................................................. 5 

Southern ................................................................. 29 

Eastern ................................................................... 17 

Western .................................................................. 5’’; 


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1 (16) by striking the items relating to North 

2 Carolina and inserting the following: 

‘‘North Carolina: 

Eastern ................................................................... 4 

Middle ..................................................................... 4 

Western .................................................................. 5’’; 

3 (17) by striking the item relating to Puerto 

4 Rico and inserting the following: 

‘‘Puerto Rico .......................................................... 8’’; 

5 and 

6 (18) by striking the items relating to Texas and 

7 inserting the following: 

‘‘Texas: 

Northern ................................................................. 12 

Southern ................................................................. 21 

Eastern ................................................................... 10 

Western .................................................................. 17’’. 

8 SEC. 15. ADMINISTRATION. 

9 (a) TRANSITION AUTHORITY.—The court of appeals 

10 for the ninth circuit as constituted on the day before the 

11 effective date of this Act may take any administrative ac12 tion that is required to carry out this Act and the amend13 ments made by this Act. 

14 (b) ADMINISTRATIVE TERMINATION.—The court de15 scribed in subsection (a) shall cease to exist for adminis16 trative purposes 2 years after the date of enactment of 

17 this Act. 


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1 SEC. 16. AUTHORIZATION OF APPROPRIATIONS. 

2 There are authorized to be appropriated such sums 

3 as may be necessary to carry out this Act, including funds 

4 for additional court facilities. 

5 SEC. 17. EFFECTIVE DATE. 

6 Except as provided in section 4(c), this Act and the 

7 amendments made by this Act shall take effect 1 year 

8 after the date of enactment of this Act. 

Æ 


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