I 

109TH CONGRESS 

1ST SESSION H. R. 3518 

To amend title 28, United States Code, to divide New Jersey into 2 judicial 

districts. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 28, 2005 

Mr. ANDREWS (for himself, Mr. LOBIONDO, and Mr. SAXTON) introduced the 

following bill; which was referred to the Committee on the Judiciary 

A BILL 

To amend title 28, United States Code, to divide New Jersey 

into 2 judicial districts. 

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

3 SECTION 1. ESTABLISHMENT OF 2 DISTRICTS IN NEW JER4 SEY. 

5 (a) ESTABLISHMENT.— 

6 (1) CREATION.—Section 110 of title 28, United 

7 States Code, is amended to read as follows: 
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1 ‘‘§ 110. New Jersey 

2 ‘‘New Jersey is divided into 2 judicial districts to be 

3 known as the Northern and Southern Districts of New 

4 Jersey. 

5 ‘‘Northern District 

6 ‘‘(a) The Northern District comprises the counties of 

7 Bergen, Essex, Hudson, Middlesex, Morris, Passaic, Sus8 sex, and Union. 

9 ‘‘Court for the Northern District shall be held at Newark. 

10 ‘‘Southern District 

11 ‘‘(b) The Southern District comprises the counties of 

12 Atlantic, Burlington, Camden, Cape May, Cumberland, 

13 Gloucester, Hunterdon, Mercer, Monmouth, Ocean, 

14 Salem, Somerset, and Warren. 

15 ‘‘Court for the Southern District shall be held at Camden 

16 and Trenton.’’. 

17 (2) JUDGESHIPS.—The item relating to New 

18 Jersey in the table set forth in section 133(a) of title 

19 28, United States Code, is amended to read as fol20 lows: 

‘‘New Jersey: 

‘‘Northern .......................................................................................... 10

‘‘Southern ........................................................................................... 7’’. 

21 (3) BANKRUPTCY JUDGESHIPS.—The item re22 lating to New Jersey in the table set forth in section 

23 152(a)(1) of title 28, United States Code, is amend24 ed to read as follows: 
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‘‘New Jersey: 

‘‘Northern .......................................................................................... 4

‘‘Southern ........................................................................................... 4’’. 

1 (b) DISTRICT JUDGES, BANKRUPTCY JUDGES, MAG2 ISTRATE JUDGES, UNITED STATES ATTORNEY, UNITED

3 STATES MARSHAL, AND FEDERAL PUBLIC DEFENDER.— 

4 (1) TRANSFER OF DISTRICT JUDGES.—(A) Any 

5 district judge of the District Court of New Jersey 

6 who is holding office on the day before the effective 

7 date of this Act and whose official duty station is in 

8 Bergen, Essex, Hudson, Middlesex, Morris, Passaic, 

9 Sussex, or Union County shall, on and after such ef10 fective date, be a district judge for the Northern 

11 District of New Jersey. Any district judge of the 

12 District Court of New Jersey who is holding office 

13 on the day before the effective date of this Act and 

14 whose official duty station is in Atlantic, Burlington, 

15 Camden, Cape May, Cumberland, Gloucester, 

16 Hunterdon, Mercer, Monmouth, Ocean, Salem, Som17 erset, or Warren County shall, on and after such ef18 fective date, be a district judge of the Southern Dis19 trict of New Jersey. 

20 (B) Whenever a vacancy occurs in a judgeship 

21 in either judicial district of New Jersey, the vacancy 

22 shall first be offered to those judges appointed be23 fore the enactment of this Act and in active service 

24 in the other judicial district of New Jersey at the 
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1 time of the vacancy, and of those judges wishing to 

2 fill the vacancy, the judge most senior in service 

3 shall fill that vacancy. In such a case, the President 

4 shall appoint a judge to fill the vacancy resulting in 

5 the district of New Jersey from which such judge 

6 left office. 

7 (2) TRANSFER OF BANKRUPTCY AND MAG8 ISTRATE JUDGES.—Any bankruptcy judge or mag9 istrate judge of the District Court of New Jersey 

10 who is holding office on the day before the effective 

11 date of this Act and whose official duty station is in 

12 Bergen, Essex, Hudson, Middlesex, Morris, Passaic, 

13 Sussex, or Union County shall, on and after such ef14 fective date, be a bankruptcy judge or magistrate 

15 judge, as the case may be, for the Northern District 

16 of New Jersey. Any bankruptcy judge or magistrate 

17 judge of the District Court of New Jersey who is 

18 holding office on the day before the effective date of 

19 this Act and whose official duty station is in Atlan20 tic, Burlington, Camden, Cape May, Cumberland, 

21 Gloucester, Hunterdon, Mercer, Monmouth, Ocean, 

22 Salem, Somerset, or Warren County shall, on and 

23 after such effective date, be a bankruptcy judge or 

24 magistrate judge, as the case may be, of the South25 ern District of New Jersey. 
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1 (3) UNITED STATES ATTORNEY, UNITED

2 STATES MARSHAL, AND FEDERAL PUBLIC DE3 FENDER.— 

4 (A) THOSE IN OFFICE.—This section and 

5 the amendments made by this section shall not 

6 affect the tenure of office of the United States 

7 attorney, the United States marshal, and the 

8 Federal Public Defender, for the District of 

9 New Jersey who are in office on the effective 

10 date of this Act, except that such individuals 

11 shall be the United States attorney, the United 

12 States marshal, and the Federal Public De13 fender, respectively, for the Northern District of 

14 New Jersey as of such effective date. 

15 (B) APPOINTMENTS.—The President shall 

16 appoint, by and with the advice and consent of 

17 the Senate, a United States attorney and a 

18 United States marshal for the Southern Dis19 trict of New Jersey. The Court of Appeals for 

20 the Third Circuit shall appoint a Federal Public 

21 Defender for the Southern District of New Jer22 sey. 

23 (4) PENDING CASES NOT AFFECTED.—This sec24 tion and the amendments made by this section shall 

25 not affect any action commenced before the effective 
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1 date of this Act and pending in the United States 

2 District Court for the District of New Jersey on 

3 such date. 

4 (5) JURIES NOT AFFECTED.—This section and 

5 the amendments made by this section shall not af6 fect the composition, or preclude the service, of any 

7 grand or petit jury summoned, empaneled, or actu8 ally serving in the Judicial District of New Jersey 

9 on the effective date of this Act. 

10 SEC. 2. EFFECTIVE DATE. 

11 (a) IN GENERAL.—This Act and the amendments 

12 made by this Act shall take effect 180 days after the date 

13 of the enactment of this Act. 

14 (b) APPOINTMENTS.—Notwithstanding subsection 

15 (a)— 

16 (1) the President may make the appointments 

17 under section 1(b)(3)(B), and 

18 (2) the Court of Appeals for the Third Circuit 

19 may make the appointment under section 

20 1(b)(3)(B), 

21 at any time after the date of the enactment of this Act. 

22 SEC. 3. AUTHORIZATION OF APPROPRIATIONS. 

23 There are authorized to be appropriated such sums 

24 as may be necessary to carry out this Act and the amend25 ments made by this Act, including such sums as may be 
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1 necessary for facilities for the District Court for the 

2 Southern District of New Jersey. 

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