I 

118TH CONGRESS 

1ST SESSION H. R. 88 

To amend title 28, United States Code, to divide the ninth judicial circuit 

of the United States into 2 circuits, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 9, 2023 

Mr. BIGGS introduced the following bill; which was referred to the Committee 

on the Judiciary 

A BILL 

To amend title 28, United States Code, to divide the ninth 

judicial circuit of the United States into 2 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 ‘‘Judicial Administra5 tion and Improvement Act of 2023’’. 

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 01:29 Jan 14, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H88.IH H88

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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. 

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. 

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, Hawaii, Oregon, Washington, Guam, 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.’’. 


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1 SEC. 4. 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 ...................................................................................................... 21’’; 

6 and 

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

8 eleventh circuit the following: 

‘‘Twelfth ................................................................................................... 8’’. 

9 SEC. 5. PLACES OF CIRCUIT COURT. 

10 The table contained in section 48(a) of title 28, 

11 United States Code, is amended by inserting after the 

12 item relating to the eleventh circuit the following: 

‘‘Twelfth ........................................ Las Vegas, Phoenix, Anchorage, Missoula.’’. 

13 SEC. 6. ELECTION OF ASSIGNMENT OF CIRCUIT JUDGES. 

14 (a) IN GENERAL.—Each circuit judge of the former 

15 ninth circuit who is in regular active service and whose 

16 official duty station on the day before the effective date 

17 of this Act— 

18 (1) is in California, Oregon, Washington, 

19 Guam, Hawaii, or the Northern Mariana Islands 

20 shall be a circuit judge of the new ninth circuit as 

21 of such effective date; and 


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1 (2) subject to subsection (b), is in Alaska, Ari2 zona, Idaho, Montana, or Nevada, shall be a circuit 

3 judge of the twelfth circuit as of such effective date. 

4 (b) ELECTION BY CERTAIN CIRCUIT JUDGES.—A cir5 cuit judge in regular active service as described in sub6 section (a)(2) may elect to be permanently assigned to the 

7 new ninth circuit as of such effective date by notifying 

8 the Director of the Administrative Office of the United 

9 States Courts of such election. 

10 (c) VACANCIES.—For each individual serving in the 

11 position of circuit judge of the former ninth circuit whose 

12 official duty station on the day before the effective date 

13 of this Act is in Alaska, Arizona, Idaho, Montana, or Ne14 vada, after the date on which such individual ceases to 

15 serve as a circuit judge, the President shall appoint, by 

16 and with the advice and consent of the Senate, 1 addi17 tional circuit judge for the twelfth circuit, without regard 

18 to whether such individual makes an election described in 

19 subsection (b). 

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

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

22 ninth circuit, whose official duty station on the day before 

23 the effective date of this Act is in Alaska, Arizona, Idaho, 

24 Montana, or Nevada, may elect to be assigned to the new 

25 ninth circuit or the twelfth circuit as of such effective date 


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1 and shall notify the Director of the Administrative Office 

2 of the United States Courts of such election. 

3 SEC. 8. AUTHORIZATION OF TEMPORARY JUDGESHIPS. 

4 (a) IN GENERAL.—For each circuit judge in regular 

5 active service who elects to be assigned to the new ninth 

6 circuit under section 6(b), the President shall appoint, by 

7 and with the advice and consent of the Senate, 1 addi8 tional circuit judge for the twelfth circuit, resident in the 

9 duty station of the circuit judge making the election as 

10 of the day before the effective date of this Act. 

11 (b) VACANCIES.—For each appointment made under 

12 subsection (a) for the twelfth circuit, an equal number of 

13 corresponding vacancies in the position of circuit judge for 

14 the twelfth circuit shall not be filled. 

15 SEC. 9. SENIORITY OF JUDGES. 

16 (a) IN GENERAL.—The seniority of each judge— 

17 (1) who elects to be assigned to the twelfth cir18 cuit under section 6(b); 

19 (2) who elects to be assigned to the new ninth 

20 circuit under section 6(b); or 

21 (3) who elects to be assigned to the twelfth cir22 cuit under section 7, 

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

24 a judge of the former ninth circuit. 


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1 (b) TEMPORARY TWELFTH CIRCUIT JUDGES.—The 

2 seniority of each judge appointed under section 8(a) shall 

3 run from the date of commission of such judge as a judge 

4 of the twelfth circuit. 

5 SEC. 10. APPLICATION TO CASES. 

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

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

8 proceeding has been filed with the former ninth circuit: 

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

10 matter has been submitted for decision, further pro11 ceedings with respect to the matter shall be had in 

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

13 Act had not been enacted. 

14 (2) If the matter has not been submitted for de15 cision, the appeal or proceeding, together with the 

16 original papers, printed records, and record entries 

17 duly certified, shall, by appropriate orders, be trans18 ferred to the court to which the matter would have 

19 been submitted had this Act been in full force and 

20 effect on the date on which such appeal was taken 

21 or other proceeding commenced, and further pro22 ceedings with respect to the case shall be had in the 

23 same manner and with the same effect as if the ap24 peal or other proceeding had been filed in such 

25 court. 


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1 (3) If a petition for rehearing en banc is pend2 ing on or after the effective date of this Act, the pe3 tition shall be considered by the court of appeals to 

4 which the petition would have been submitted had 

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

6 which the appeal or other proceeding was filed with 

7 the court of appeals. 

8 SEC. 11. ADMINISTRATION. 

9 (a) IN GENERAL.—The court of appeals for the ninth 

10 circuit as constituted on the day before the effective date 

11 of this Act may take such administrative action as may 

12 be required to carry out this Act and the amendments 

13 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 effective date of this 

17 Act. 

18 SEC. 12. EFFECTIVE DATE. 

19 This Act and the amendments made by this Act shall 

20 take effect 1 year after the date of enactment of this Act. 

21 SEC. 13. AUTHORIZATION OF APPROPRIATIONS. 

22 There are authorized to be appropriated such sums 

23 as may be necessary to carry out this Act and the amend24 ments made by this Act, including such sums as may be 

25 necessary to provide appropriate space and facilities for 


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1 any judicial positions created by this Act or an amendment 

2 made by this Act. 

Æ 


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