II 

115TH CONGRESS 

1ST SESSION S. 276 

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 SENATE OF THE UNITED STATES 

FEBRUARY 2, 2017 

Mr. FLAKE (for himself and Mr. MCCAIN) introduced the following bill; which 

was read twice and 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 2017’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) FORMER NINTH CIRCUIT.—The term 

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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, 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, Washington.’’. 


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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 ..................................................................................................... 19’’; 

6 and 

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

8 eleventh circuit the following: 

‘‘Twelfth .................................................................................................. 10’’. 

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 ........................................ Phoenix, Anchorage, Missoula, Seattle.’’. 

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, Guam, Hawaii, or 

19 the Northern Mariana Islands shall be a circuit 

20 judge of the new ninth circuit as of such effective 

21 date; and 

22 (2) subject to subsection (b), is in Alaska, Ari23 zona, Idaho, Montana, Nevada, or Washington shall 


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1 be a circuit judge of the twelfth circuit as of such 

2 effective date. 

3 (b) ELECTION BY CERTAIN CIRCUIT JUDGES.—A cir4 cuit judge in regular active service as described in sub5 section (a)(2) may elect to be permanently assigned to the 

6 new ninth circuit as of such effective date by notifying 

7 the Director of the Administrative Office of the United 

8 States Courts of such election. 

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

10 position of circuit judge of the former ninth circuit whose 

11 official duty station on the day before the effective date 

12 of this Act is in Alaska, Arizona, Idaho, Montana, Nevada, 

13 or Washington after the date on which such individual 

14 ceases to serve as an active circuit judge, the President 

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

16 Senate, 1 additional circuit judge for the twelfth circuit, 

17 without regard to whether such individual makes an elec18 tion described in subsection (b). 

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

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

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

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

23 Montana, Nevada, or Washington may elect to be assigned 

24 to the new ninth circuit or the twelfth circuit as of such 


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1 effective date and shall notify the Director of the Adminis2 trative Office 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(a)(2); 

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

20 circuit under section 6(b); 

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

23 (4) who is assigned to the new ninth circuit 

24 under section 6(a)(1), 


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

2 a judge of the former ninth circuit. 

3 (b) TEMPORARY TWELFTH CIRCUIT JUDGES.—The 

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

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

6 of the twelfth circuit. 

7 SEC. 10. APPLICATION TO CASES. 

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

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

10 proceeding has been filed with the former ninth circuit: 

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

12 matter has been submitted for decision, further pro13 ceedings with respect to the matter shall be had in 

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

15 Act had not been enacted. 

16 (2) If the matter has not been submitted for de17 cision, the appeal or proceeding, together with the 

18 original papers, printed records, and record entries 

19 duly certified, shall, by appropriate orders, be trans20 ferred to the court to which the matter would have 

21 been submitted had this Act been in full force and 

22 effect on the date on which such appeal was taken 

23 or other proceeding commenced, and further pro24 ceedings with respect to the case shall be had in the 

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1 peal or other proceeding had been filed in such 

2 court. 

3 (3) If a petition for rehearing en banc is pend4 ing on or after the effective date of this Act, the pe5 tition shall be considered by the court of appeals to 

6 which the petition would have been submitted had 

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

8 which the appeal or other proceeding was filed with 

9 the court of appeals. 

10 SEC. 11. PRECEDENT. 

11 Precedent from the former ninth circuit shall not be 

12 binding on the twelfth circuit. Precedent from any circuit, 

13 including the former and new ninth circuits, shall be per14 suasive authority only. 

15 SEC. 12. ADMINISTRATION. 

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

17 circuit as constituted on the day before the effective date 

18 of this Act may take such administrative action as may 

19 be required to carry out this Act and the amendments 

20 made by this Act. 

21 (b) ADMINISTRATIVE TERMINATION.—The court de22 scribed in subsection (a) shall cease to exist for adminis23 trative purposes at the end of the second calendar year 

24 following the effective date of this Act. 


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1 SEC. 13. EFFECTIVE DATE. 

2 This Act and the amendments made by this Act shall 

3 take effect at the beginning of the next calendar year after 

4 the date of enactment of this Act. 

5 SEC. 14. AUTHORIZATION OF APPROPRIATIONS. 

6 There are authorized to be appropriated such sums 

7 as may be necessary to carry out this Act and the amend8 ments made by this Act, including such sums as may be 

9 necessary to provide appropriate space and facilities for 

10 any judicial positions created by this Act or an amendment 

11 made by this Act. 

Æ 


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