I 

115TH CONGRESS 

1ST SESSION H. R. 1598 

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 

MARCH 17, 2017 

Mr. GOHMERT (for himself and Mr. DUNCAN of South Carolina) 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 ‘‘Ninth Circuit Court 

5 Modernization and Twelfth Circuit Court Creation Act of 

6 2017’’. 

7 SEC. 2. DEFINITIONS. 

8 In this Act: 

9 (1) FORMER NINTH CIRCUIT.—The term 

10 ‘‘former ninth circuit’’ means the ninth judicial cirVerDate Sep 11 2014 02:14 Mar 22, 2017 Jkt 069200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1598.IH H1598

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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.’’; 

19 and 

20 (B) by inserting after the item relating to 

21 the eleventh circuit the following: 

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

Hawaii.’’. 


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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 by inserting after the 

4 item relating to the eleventh circuit the following: 

‘‘Twelfth ............................................... 17’’. 

5 SEC. 5. PLACES OF CIRCUIT COURT. 

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

7 United States Code, is amended by— 

8 (1) deleting ‘‘Portland’’ and ‘‘Seattle’’ in the 

9 item relating to the ninth circuit; and 

10 (2) inserting after the item relating to the elev11 enth circuit the following: 

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

12 SEC. 6. JUDGESHIPS. 

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

14 ninth circuit who is in regular active service and whose 

15 official duty station on the day before the effective date 

16 of this Act is in Alaska, Arizona, Idaho, Montana, Oregon, 

17 Washington, Guam, Hawaii, or the Northern Mariana Is18 lands or Nevada shall be a circuit judge of the new ninth 

19 circuit as of such effective date. 

20 (b) APPOINTMENT OF JUDGES FOR THE TWELFTH

21 CIRCUIT.—The President shall appoint, by and with the 

22 advice of the Senate, 17 circuit judges for the new twelfth 

23 circuit, selected from the States assigned to the new 


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1 twelfth circuit. The official duty station of a judge ap2 pointed under this paragraph shall be the locations in the 

3 table contained in section 48(a) of title 28, United States 

4 Code, as amended by this Act. 

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

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

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

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

9 Montana, Oregon, Washington, Guam, Hawaii, Nevada, or 

10 the Northern Mariana Islands, may elect to be assigned 

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

12 effective date and shall notify the Director of the Adminis13 trative Office of the United States Courts of such election. 

14 SEC. 8. SENIORITY OF JUDGES. 

15 The seniority of each judge appointed under section 

16 6(b) shall run from the date of commission of such judge 

17 as a judge of the twelfth circuit. 

18 SEC. 9. APPLICATION TO CASES. 

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

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

21 proceeding has been filed with the former ninth circuit: 

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

23 matter has been submitted for decision, further pro24 ceedings with respect to the matter shall be had in 


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

2 Act had not been enacted. 

3 (2) If the matter has not been submitted for de4 cision, the appeal or proceeding, together with the 

5 original papers, printed records, and record entries 

6 duly certified, shall, by appropriate orders, be trans7 ferred to the court to which the matter would have 

8 been submitted had this Act been in full force and 

9 effect on the date on which such appeal was taken 

10 or other proceeding commenced, and further pro11 ceedings with respect to the case shall be had in the 

12 same manner and with the same effect as if the ap13 peal or other proceeding had been filed in such 

14 court. 

15 (3) If a petition for rehearing en banc is pend16 ing on or after the effective date of this Act, the pe17 tition shall be considered by the court of appeals to 

18 which the petition would have been submitted had 

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

20 which the appeal or other proceeding was filed with 

21 the court of appeals. 

22 SEC. 10. ADMINISTRATION. 

23 The court of appeals for the ninth circuit as con24 stituted on the day before the effective date of this Act 

25 may take such administrative action as may be required 


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

2 Act. 

3 SEC. 11. EFFECTIVE DATE. 

4 This Act and the amendments made by this Act shall 

5 take effect immediately upon enactment of this Act. 

6 SEC. 12. AUTHORIZATION OF APPROPRIATIONS. 

7 There are authorized to be appropriated such sums 

8 as may be necessary to carry out this Act and the amend9 ments made by this Act, including such sums as may be 

10 necessary to provide appropriate space and facilities for 

11 any judicial positions created by this Act or an amendment 

12 made by this Act. 

Æ 


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