I 

110TH CONGRESS 

1ST SESSION H. R. 221 

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 circuits, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 4, 2007 

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 divide the Ninth Judicial Circuit of the United States 

into two circuits, 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 ‘‘Ninth Circuit Court 

5 of Appeals Judgeship and Reorganization Act of 2007’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act— 


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1 (1) the term ‘‘former ninth circuit’’ means the 

2 ninth judicial circuit of the United States as in ex3 istence on the day before the effective date of this 

4 Act; 

5 (2) the term ‘‘new ninth circuit’’ means the 

6 ninth judicial circuit of the United States established 

7 by the amendment made by section 3(2)(A); and 

8 (3) the term ‘‘twelfth circuit’’ means the twelfth 

9 judicial circuit of the United States established by 

10 the amendment made by section 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.’’; and 

19 (B) by inserting after the item relating to 

20 the eleventh circuit the following: 

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


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1 SEC. 4. JUDGESHIPS. 

2 (a) NEW JUDGESHIPS.— 

3 (1) FOR FORMER NINTH CIRCUIT.—The Presi4 dent shall appoint, by and with the advice and con5 sent of the Senate, 2 additional circuit judges for 

6 the former ninth circuit, whose official duty stations 

7 shall be in Arizona, California, or Nevada. 

8 (2) FOR NEW NINTH CIRCUIT.—The President 

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

10 the Senate, 3 additional circuit judges for the new 

11 ninth circuit. The judges authorized by this para12 graph shall not be appointed before January 21, 

13 2008. 

14 (b) TEMPORARY JUDGESHIPS.— 

15 (1) APPOINTMENT OF JUDGES.—The President 

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

17 the Senate, 2 additional circuit judges for the former 

18 ninth circuit, whose official duty stations shall be in 

19 Arizona, California, or Nevada. 

20 (2) EFFECT OF VACANCIES.—The first 2 vacan21 cies occurring on the new ninth circuit 10 years or 

22 more after judges are first confirmed to fill both 

23 temporary circuit judgeships created by this sub24 section shall not be filled. 

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

26 on the date of the enactment of this Act. 


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1 SEC. 5. NUMBER OF CIRCUIT JUDGES. 

2 The table contained in section 44(a) of title 28, 

3 United States Code, is amended— 

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

5 circuit and inserting the following: 

‘‘Ninth .................................................. 24’’; and 

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

7 eleventh circuit the following: 

‘‘Twelfth ............................................... 9’’. 

8 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: 

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

and 

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

14 eleventh circuit the following: 

‘‘Twelfth ............................................... Phoenix, Seattle.’’. 


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1 SEC. 7. ASSIGNMENT OF CIRCUIT JUDGES. 

2 Each circuit judge of the former ninth circuit who 

3 is in regular active service and whose official duty station 

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

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

6 Northern Mariana Islands shall be a circuit judge of 

7 the new ninth circuit as of such effective date; and 

8 (2) is in Alaska, Arizona, Idaho, Montana, Ne9 vada, Oregon, or Washington shall be a circuit judge 

10 of the twelfth circuit as of such effective date. 

11 SEC. 8. ELECTION OF ASSIGNMENT BY SENIOR JUDGES. 

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

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

14 Act may elect to be assigned to the new ninth circuit or 

15 to the twelfth circuit as of such effective date, and shall 

16 notify the Director of the Administrative Office of the 

17 United States Courts of such election. 

18 SEC. 9. SENIORITY OF JUDGES. 

19 The seniority of each judge— 

20 (1) who is assigned under section 7, or 

21 (2) who elects to be assigned under section 8, 

22 shall run from the date of commission of such judge as 

23 a judge of the former ninth circuit. 


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1 SEC. 10. APPLICATION TO CASES. 

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

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

4 proceeding has been filed with the former ninth circuit: 

5 (1) If the matter has been submitted for deci6 sion, further proceedings with respect to the matter 

7 shall be had in the same manner and with the same 

8 effect as if this Act had not been enacted. 

9 (2) If the matter has not been submitted for de10 cision, the appeal or proceeding, together with the 

11 original papers, printed records, and record entries 

12 duly certified, shall, by appropriate orders, be trans13 ferred to the court to which the matter would have 

14 been submitted had this Act been in full force and 

15 effect at the time such appeal was taken or other 

16 proceeding commenced, and further proceedings with 

17 respect to the case shall be had in the same manner 

18 and with the same effect as if the appeal or other 

19 proceeding had been filed in such court. 

20 (3) A petition for rehearing or a petition for re21 hearing en banc in a matter decided before the effec22 tive date of this Act, or submitted before the effec23 tive date of this Act and decided on or after such 

24 effective date as provided in paragraph (1), shall be 

25 treated in the same manner and with the same effect 

26 as though this Act had not been enacted. If a petiVerDate Aug 31 2005 16:37 Jan 25, 2007 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H221.IH H221

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1 tion for rehearing en banc is granted, the matter 

2 shall be reheard by a court comprised as though this 

3 Act had not been enacted. 

4 SEC. 11. TEMPORARY ASSIGNMENT OF CIRCUIT JUDGES 

5 BETWEEN CIRCUITS. 

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

7 amended by adding at the end the following new sub8 sections: 

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

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

11 Twelfth Circuit, designate and assign temporarily any cir12 cuit judge of the Ninth Circuit to act as circuit judge in 

13 the Twelfth Circuit. 

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

15 the public interest and upon request by the chief judge 

16 of the Ninth Circuit, designate and assign temporarily any 

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

18 in the Ninth Circuit.’’. 

19 SEC. 12. TEMPORARY ASSIGNMENT OF DISTRICT JUDGES 

20 BETWEEN CIRCUITS. 

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

22 amended by adding at the end the following new sub23 sections: 

24 ‘‘(f) The chief judge of the Ninth Circuit may in the 

25 public interest— 


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

2 Twelfth Circuit, designate and assign one or more 

3 district judges within the Ninth Circuit to sit upon 

4 the Court of Appeals of the Twelfth Circuit or a di5 vision thereof whenever the business of that court so 

6 requires; and 

7 ‘‘(2) designate and assign temporarily any dis8 trict judge of the Ninth Circuit to hold a district 

9 court in any district within the Twelfth Circuit. 

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

11 the public interest— 

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

13 Ninth Circuit, designate and assign one or more dis14 trict judges within the Twelfth Circuit to sit upon 

15 the Court of Appeals of the Ninth Circuit or a divi16 sion thereof whenever the business of that court so 

17 requires; and 

18 ‘‘(2) designate and assign temporarily any dis19 trict judge of the Twelfth Circuit to hold a district 

20 court in any district within the Ninth Circuit. 

21 ‘‘(h) Any designations or assignments under sub22 section (f)(1) or (g)(1) shall be in conformity with the 

23 rules or orders of the court of appeals of the circuit to 

24 which the judge is designated or assigned.’’. 


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1 SEC. 13. ADMINISTRATIVE COORDINATION. 

2 Section 332 of title 28, United States Code, is 

3 amended by adding at the end the following new sub4 section: 

5 ‘‘(i) Any 2 contiguous circuits may jointly carry out 

6 such administrative functions and activities as the judicial 

7 councils of the 2 circuits determine may benefit from co8 ordination or consolidation.’’. 

9 SEC. 14. ADMINISTRATION. 

10 The court of appeals for the ninth circuit as con11 stituted on the day before the effective date of this Act 

12 may take such administrative action as may be required 

13 to carry out this Act and the amendments made by this 

14 Act. Such court shall cease to exist for administrative pur15 poses 2 years after the effective date of this Act. 

16 SEC. 15. EFFECTIVE DATE. 

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

18 amendments made by this Act shall take effect on the first 

19 day of the first fiscal year that begins at least 9 months 

20 after 5 of the judges authorized to be appointed under 

21 section 4 have been confirmed by the United States Sen22 ate. 


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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. 

Æ 


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