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[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1598 Introduced in House (IH)]

<DOC>

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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ninth Circuit Court Modernization 
and Twelfth Circuit Court Creation Act of 2017''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Former ninth circuit.--The term ``former ninth 
        circuit'' means the ninth judicial circuit of the United States 
        as in existence on the day before the effective date of this 
        Act.
            (2) New ninth circuit.--The term ``new ninth circuit'' 
        means the ninth judicial circuit of the United States 
        established by the amendment made by section 3.
            (3) Twelfth circuit.--The term ``twelfth circuit'' means 
        the twelfth judicial circuit of the United States established 
        by the amendment made by section 3.

SEC. 3. NUMBER AND COMPOSITION OF CIRCUITS.

    Section 41 of title 28, United States Code, is amended--
            (1) in the matter preceding the table, by striking 
        ``thirteen'' and inserting ``fourteen''; and
            (2) in the table--
                    (A) by striking the item relating to the ninth 
                circuit and inserting the following:

``Ninth..................................  California.'';
 

                and
                    (B) by inserting after the item relating to the 
                eleventh circuit the following:

``Twelfth................................  Alaska, Arizona, Idaho,
                                            Montana, Nevada, Oregon,
                                            Washington, Guam, Hawaii.''.
 

SEC. 4. NUMBER OF CIRCUIT JUDGES.

    The table contained in section 44(a) of title 28, United States 
Code, is amended by inserting after the item relating to the eleventh 
circuit the following:

``Twelfth................................  17''.
 

SEC. 5. PLACES OF CIRCUIT COURT.

    The table contained in section 48(a) of title 28, United States 
Code, is amended by--
            (1) deleting ``Portland'' and ``Seattle'' in the item 
        relating to the ninth circuit; and
            (2) inserting after the item relating to the eleventh 
        circuit the following:

``Twelfth................................  Las Vegas, Phoenix,
                                            Anchorage, Missoula,
                                            Portland, Seattle.''.
 

SEC. 6. JUDGESHIPS.

    (a) In General.--Each circuit judge of the former ninth circuit who 
is in regular active service and whose official duty station on the day 
before the effective date of this Act is in Alaska, Arizona, Idaho, 
Montana, Oregon, Washington, Guam, Hawaii, or the Northern Mariana 
Islands or Nevada shall be a circuit judge of the new ninth circuit as 
of such effective date.
    (b) Appointment of Judges for the Twelfth Circuit.--The President 
shall appoint, by and with the advice of the Senate, 17 circuit judges 
for the new twelfth circuit, selected from the States assigned to the 
new twelfth circuit. The official duty station of a judge appointed 
under this paragraph shall be the locations in the table contained in 
section 48(a) of title 28, United States Code, as amended by this Act.

SEC. 7. ELECTION OF ASSIGNMENT BY SENIOR JUDGES.

    Each judge who is a senior circuit judge of the former ninth 
circuit, whose official duty station on the day before the effective 
date of this Act is in Alaska, Arizona, Idaho, Montana, Oregon, 
Washington, Guam, Hawaii, Nevada, or the Northern Mariana Islands, may 
elect to be assigned to the new ninth circuit or the twelfth circuit as 
of such effective date and shall notify the Director of the 
Administrative Office of the United States Courts of such election.

SEC. 8. SENIORITY OF JUDGES.

    The seniority of each judge appointed under section 6(b) shall run 
from the date of commission of such judge as a judge of the twelfth 
circuit.

SEC. 9. APPLICATION TO CASES.

    The following apply to any case in which, on the day before the 
effective date of this Act, an appeal or other proceeding has been 
filed with the former ninth circuit:
            (1) Except as provided in paragraph (3), if the matter has 
        been submitted for decision, further proceedings with respect 
        to the matter shall be had in the same manner and with the same 
        effect as if this Act had not been enacted.
            (2) If the matter has not been submitted for decision, the 
        appeal or proceeding, together with the original papers, 
        printed records, and record entries duly certified, shall, by 
        appropriate orders, be transferred to the court to which the 
        matter would have been submitted had this Act been in full 
        force and effect on the date on which such appeal was taken or 
        other proceeding commenced, and further proceedings with 
        respect to the case shall be had in the same manner and with 
        the same effect as if the appeal or other proceeding had been 
        filed in such court.
            (3) If a petition for rehearing en banc is pending on or 
        after the effective date of this Act, the petition shall be 
        considered by the court of appeals to which the petition would 
        have been submitted had this Act been in full force and effect 
        on the date on which the appeal or other proceeding was filed 
        with the court of appeals.

SEC. 10. ADMINISTRATION.

    The court of appeals for the ninth circuit as constituted on the 
day before the effective date of this Act may take such administrative 
action as may be required to carry out this Act and the amendments made 
by this Act.

SEC. 11. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall take effect 
immediately upon enactment of this Act.

SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out this Act and the amendments made by this Act, 
including such sums as may be necessary to provide appropriate space 
and facilities for any judicial positions created by this Act or an 
amendment made by this Act.
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