19–006 

112TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 112–497 

DIVISIONAL REALIGNMENT ACT OF 2012 

MAY 29, 2012.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. SMITH of Texas, from the Committee on the Judiciary, 

submitted the following 

R E P O R T 

[To accompany H.R. 5512] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on the Judiciary, to whom was referred the bill 

(H.R. 5512) to amend title 28, United States Code, to realign divisions within two judicial districts, having considered the same, reports favorably thereon without amendment and recommends that 

the bill do pass. 

CONTENTS 

Page 

Purpose and Summary ............................................................................................ 1 

Background and Need for the Legislation ............................................................. 2 

Hearings ................................................................................................................... 2 

Committee Consideration ........................................................................................ 2 

Committee Votes ...................................................................................................... 2 

Committee Oversight Findings ............................................................................... 3 

New Budget Authority and Tax Expenditures ...................................................... 3 

Congressional Budget Office Cost Estimate .......................................................... 3 

Performance Goals and Objectives ......................................................................... 4 

Advisory on Earmarks ............................................................................................. 4 

Section-by-Section Analysis .................................................................................... 4 

Agency Views ........................................................................................................... 5 

Changes in Existing Law Made by the Bill, as Reported ..................................... 10 

Purpose and Summary 

On March 13, 2012, the Judicial Conference of the United States 

adopted a proposal for a draft bill that realigns judicial divisions 

within the Eastern District of Missouri and the Northern District 

of Mississippi. The realignments improve judicial administration 


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and benefit litigants and jurors. The ‘‘Divisional Realignment Act 

of 2012’’ reflects the draft developed by the Judicial Conference. 

Background and Need for the Legislation 

EASTERN DISTRICT OF MISSOURI

The Judicial Conference recommends shifting two counties (Iron 

and Saint Genevieve) from the Eastern Division to the Southeastern Division of the District. The two counties have a combined 

population of 29,000 but their cases, like others from the Eastern 

Division, are considered in St. Louis, with a population of 2.2 million. 

A new state-of-the-art courthouse has opened in Cape Girardeau, 

which is part of the Southeastern Division. Shifting Iron and Saint 

Genevieve to the Southeastern Division better aligns the places of 

holding court with the total population served, equalizes the workload of the two divisions, and maximizes appropriate utilization of 

the new court facility. In addition, the commute to Cape Giradeau 

is shorter than to St. Louis and therefore benefits the affected jurors, litigants, and practicing attorneys. 

The change is supported by judges of the Eastern District, the 

Eighth Circuit Judicial Council, and the Eastern District Bankruptcy Court and US Attorney. 

NORTHERN DISTRICT OF MISSISSIPPI

The Northern District of Mississippi has four statutory divisions 

but only three Federal courthouses. The US Judicial Conference 

recommends (1) eliminating the Delta Division by reallocating the 

eight counties in that division among the three remaining divisions 

and (2) renaming two of the three remaining divisions. 

The existing alignment complicates venue and jury selection because the court cannot select a jury only from the Delta Division. 

The realignment ensures all counties in the District are statutorily 

linked to divisions with courthouses. The change also promotes economical travel for jurors and more fairly balances the caseload 

through the alignment of certain counties. 

The realignment is supported by the judges of the Northern District, the Fifth Circuit Judicial Council, and the Northern District 

US Attorney. 

Hearings 

The Committee on the Judiciary held no hearings on H.R. 5512. 

Committee Consideration 

On May 16, 2012, the Committee met in open session and ordered the bill H.R. 5512 favorably reported, by voice vote, a 

quorum being present. 

Committee Votes 

In compliance with clause 3(b) of rule XIII of the Rules of the 

House of Representatives, the Committee advises that there were 

no recorded votes during the Committee’s consideration of H.R. 

5512. 


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Committee Oversight Findings 

In compliance with clause 3(c)(1) of rule XIII of the Rules of the 

House of Representatives, the Committee advises that the findings 

and recommendations of the Committee, based on oversight activities under clause 2(b)(1) of rule X of the Rules of the House of Representatives, are incorporated in the descriptive portions of this report. 

New Budget Authority and Tax Expenditures 

Clause 3(c)(2) of rule XIII of the Rules of the House of Representatives is inapplicable because this legislation does not provide new 

budgetary authority or increased tax expenditures. 

Congressional Budget Office Cost Estimate 

In compliance with clause 3(c)(3) of rule XIII of the Rules of the 

House of Representatives, the Committee sets forth, with respect to 

the bill, H.R. 5112, the following estimate and comparison prepared 

by the Director of the Congressional Budget Office under section 

402 of the Congressional Budget Act of 1974: 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, May 24, 2012. 

Hon. LAMAR SMITH, CHAIRMAN, 

Committee on the Judiciary, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 5512, the ‘‘Divisional Realignment Act of 2012.’’ 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Martin von Gnechten, 

who can be reached at 226-2860. 

Sincerely, 

DOUGLAS W. ELMENDORF, DIRECTOR. 

Enclosure 

cc: Honorable John Conyers, Jr. 

Ranking Member 

H.R. 5512—Divisional Realignment Act of 2012. 

As ordered reported by the House Committee on the Judiciary on 

May 16, 2012. 

H.R. 5512 would realign the Federal court districts of Eastern 

Missouri and Northern Mississippi and condense the four divisions 

of the Northern District of Mississippi into three. 

Based on information provided by the Administrative Office of 

the U.S. Courts, CBO estimates that implementing H.R. 5512 

would have only minimal administrative costs and thus would have 

no significant impact on the Federal budget. Enacting H.R. 5512 


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would not affect direct spending or revenues; therefore, pay-as-yougo procedures do not apply. 

H.R. 5512 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

not affect the budgets of State, local, or tribal governments. 

The CBO staff contact for this estimate is Martin von Gnechten. 

The estimate was approved by Theresa Gullo, Deputy Assistance 

Director for Budget Analysis. 

Performance Goals and Objectives 

The Committee states that pursuant to clause 3(c)(4) of rule XIII 

of the Rules of the House of Representatives, H.R. 5512 will improve the administration of justice in the Eastern District of Missouri and the Northern District of Mississippi by realigning certain 

divisions within each district. 

Advisory on Earmarks 

In accordance with clause 9 of rule XXI of the Rules of the House 

of Representatives, H.R. 5512 does not contain any congressional 

earmarks, limited tax benefits, or limited tariff benefits as defined 

in clause 9(e), 9(f), or 9(g) of Rule XXI. 

Section-by-Section Analysis 

The following discussion describes the bill as reported by the 

Committee. 

Sec. 1. Short title. 

This Act may be cited as the ‘‘Divisional Realignment Act of 

2012.’’ 

Sec. 2. Realignment with the Eastern District of Missouri. 

Section 2 amends 28 USC § 105(a) by striking Iron and Saint 

Genevieve Counties from inclusion in the Eastern Division of the 

Eastern District of Missouri and transferring both to the Southeastern Division. 

Sec. 3. Realignment within the Northern District of Mississippi. 

Section 3 amends 28 USC § 104(a) by realigning the four divisions within the Northern District of Mississippi as follows: 

• The Delta Division is eliminated and its eight counties are 

reallocated among the three remaining divisions. 

• Webster County moves from the renamed Oxford Division to 

the renamed Aberdeen Division; DeSoto, Panola, Quitman, 

Tallahatchie, Tate, and Tunica Counties move from the 

former Delta Division to the renamed Oxford Division; and 

Bolivar and Coahoma Counties from the former Delta Division, Grenada and Montgomery Counties from the renamed 

Oxford Division, and Attala County from the renamed Aberdeen Division all move to the Greenville Division. 

• The towns of Clarksdale and Cleveland are listed as authorized places of holding court for the Greenville Division instead of the former Delta Division. 


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Agency Views 


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Changes in Existing Law Made by the Bill, as Reported 

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italics, 

existing law in which no change is proposed is shown in roman): 

TITLE 28, UNITED STATES CODE 

* * * * * * * 

PART I—ORGANIZATION OF COURTS 

* * * * * * * 

CHAPTER 5—DISTRICT COURTS 

* * * * * * * 

§ 104. Mississippi 

Mississippi is divided into two judicial districts to be known as 

the northern and southern districts of Mississippi. 

Northern District 

ø(a) The northern district comprises four divisions. 

ø(1) Eastern division comprises the counties of Alcorn, 

Attala, Chickasaw, Choctaw, Clay, Itawamba, Lee, Lowndes, 

Monroe, Oktibbeha, Prentiss, Tishomingo, and Winston. 

øCourt for the eastern division shall be held at Aberdeen, Ackerman, and Corinth. 

ø(2) The western division comprises the counties of Benton, Calhoun, Grenada, Lafayette, Marshall, Montgomery, 

Pontotoc, Tippah, Union, Webster, and Yalobusha. 

øCourt for the Western division shall be held at Oxford. 

ø(3) The Delta division comprises the counties of Bolivar, 

Coahoma, De Soto, Panola, Quitman, Tallahatchie, Tate, and 

Tunica. 

øCourt for the Delta division shall be held at Clarksdale and 

Cleveland. 

ø(4) The Greenville division comprises the counties of Carroll, Humphreys, Leflore, Sunflower, and Washington. 

øCourt for the Greenville division shall be held at Greenville.¿ 

(a) The northern district comprises three divisions. 

(1) The Aberdeen Division comprises the counties of Alcorn, 

Chickasaw, Choctaw, Clay, Itawamba, Lee, Lowndes, Monroe, 

Oktibbeha, Prentiss, Tishomingo, Webster, and Winston. 

Court for the Aberdeen Division shall be held at Aberdeen, 

Ackerman, and Corinth. 

(2) The Oxford Division comprises the counties of Benton, 

Calhoun, DeSoto, Lafayette, Marshall, Panola, Pontotoc, 

Quitman, Tallahatchie, Tate, Tippah, Tunica, Union, and 

Yalobusha. 

Court for the Oxford Division shall be held at Oxford. 


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(3) The Greenville Division comprises the counties of Attala, 

Bolivar, Carroll, Coahoma, Grenada, Humphreys, Leflore, 

Montgomery, Sunflower, and Washington. 

Court for the Greenville Division shall be held at Clarksdale, Cleveland, and Greenville. 

* * * * * * * 

§ 105. Missouri 

Missouri is divided into two judicial districts to be known as 

the Eastern and Western Districts of Missouri. 

Eastern District 

(a) The Eastern District comprises three divisions. 

(1) The Eastern Division comprises the counties of 

Crawford, Dent, Franklin, Gasconade, øIron,¿ Jefferson, Lincoln, Maries, Phelps, Saint Charles, Saint Francois, øSaint 

Genevieve,¿ Saint Louis, Warren, and Washington, and the 

city of Saint Louis. 

Court for the Eastern Division shall be held at Saint Louis. 

* * * * * * * 

(3) The Southeastern Division comprises the counties of 

Bollinger, Butler, Cape Girardeau, Carter, Dunklin, Iron, 

Madison, Mississippi, New Madrid, Pemiscot, Perry, Reynolds, 

Ripley, Saint Genevieve, Scott, Shannon, Stoddard, and Wayne. 

Court for the Southeastern Division shall be held at Cape 

Girardeau. 

* * * * * * * 

Æ 


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