I 

109TH CONGRESS 

1ST SESSION H. R. 211

To reorganize the ninth judicial circuit, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 4, 2005

Mr. SIMPSON (for himself and Mr. DELAY) introduced the following bill; 

which was referred to the Committee on the Judiciary 

A BILL

To reorganize the ninth judicial circuit, 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 Judge5 ship and Reorganization Act of 2005’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) FORMER NINTH CIRCUIT.—The term 

9 ‘‘former ninth circuit’’ means the ninth judicial cir10 cuit of the United States as in existence on the day 

11 before the effective date of this Act. 
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1 (2) NEW NINTH CIRCUIT.—The term ‘‘new 

2 ninth circuit’’ means the ninth judicial circuit of the 

3 United States established by the amendment made 

4 by section 4(a)(2)(A). 

5 (3) TWELFTH CIRCUIT.—The term ‘‘twelfth cir6 cuit’’ means the twelfth judicial circuit of the United 

7 States established by the amendment made by sec8 tion 4(a)(2)(B). 

9 (4) THIRTEENTH CIRCUIT.—The term ‘‘thir10 teenth circuit’’ means the thirteenth judicial circuit 

11 of the United States established by the amendment 

12 made by section 4(a)(2)(B). 

13 SEC. 3. ADDITIONAL CIRCUIT JUDGES. 

14 (a) PERMANENT JUDGESHIPS.—The President shall 

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

16 5 additional circuit judges for the former ninth circuit, 

17 whose official duty station shall be in California. 

18 (b) TEMPORARY JUDGESHIPS.—

19 (1) APPOINTMENT OF JUDGES.—The President 

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

21 the Senate, 2 additional circuit judges for the former 

22 ninth circuit, whose official duty station shall be in 

23 California. 

24 (2) EFFECT OF VACANCIES.—The first 2 vacan25 cies occurring on the new ninth circuit 10 years or 
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1 more after judges are first confirmed to fill both 

2 temporary circuit judgeships created by this sub3 section shall not be filled. 

4 SEC. 4. NINTH CIRCUIT REORGANIZATION. 

5 (a) NUMBER AND COMPOSITION OF CIRCUITS.—Sec6 tion 41 of title 28, United States Code, is amended—

7 (1) in the matter preceding the table, by strik8 ing ‘‘thirteen’’ and inserting ‘‘fifteen’’; and 

9 (2) in the table—

10 (A) by striking the item relating to the 

11 ninth circuit and inserting the following:

‘‘Ninth ........................................... California, Guam, Hawaii, Northern 

Marianas Islands.’’;

12 and 

13 (B) by inserting after the item relating to 

14 the eleventh circuit the following:

‘‘Twelfth ........................................ Arizona, Nevada, Idaho, Montana. 

‘‘Thirteenth .................................... Alaska, Oregon, Washington.’’.

15 (b) PLACES OF CIRCUIT COURT.—The table con16 tained in section 48(a) of title 28, United States Code, 

17 is amended—

18 (1) by striking the item relating to the ninth 

19 circuit and inserting the following:

‘‘Ninth ........................................... San Francisco, Los Angeles.’’;

20 and 

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

22 eleventh circuit the following:
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‘‘Twelfth ........................................ Las Vegas, Phoenix. 

‘‘Thirteen ....................................... Portland, Seattle.’’.

1 (c) ASSIGNMENT OF CIRCUIT JUDGES.—Each circuit 

2 judge of the former ninth circuit who is in regular active 

3 service and whose official duty station on the day before 

4 the effective date of this Act—

5 (1) is in California, Guam, Hawaii, or the 

6 Northern Marianas Islands shall be a circuit judge 

7 of the new ninth circuit as of such effective date; 

8 (2) is in Arizona, Nevada, Idaho, or Montana 

9 shall be a circuit judge of the twelfth circuit as of 

10 such effective date; and 

11 (3) is in Alaska, Oregon, or Washington shall 

12 be a circuit judge of the thirteenth circuit as of such 

13 effective date. 

14 (d) ELECTION OF ASSIGNMENT BY SENIOR

15 JUDGES.—Each judge who is a senior circuit judge of the 

16 former ninth circuit on the day before the effective date 

17 of this Act may elect to be assigned to the new ninth cir18 cuit, the twelfth circuit, or the thirteenth circuit as of such 

19 effective date, and shall notify the Director of the Admin20 istrative Office of the United States Courts of such elec21 tion. 

22 (e) SENIORITY OF JUDGES.—The seniority of each 

23 judge—

24 (1) who is assigned under subsection (c), or 
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1 (2) who elects to be assigned under subsection 

2 (d), 

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

4 a judge of the former ninth circuit. 

5 (f) APPLICATION TO CASES.—The following apply to 

6 any case in which, on the day before the effective date 

7 of this Act, an appeal or other proceeding has been filed 

8 with the former ninth circuit: 

9 (1) If the matter has been submitted for deci10 sion, further proceedings with respect to the matter 

11 shall be had in the same manner and with the same 

12 effect as if this Act had not been enacted. 

13 (2) If the matter has not been submitted for de14 cision, the appeal or proceeding, together with the 

15 original papers, printed records, and record entries 

16 duly certified, shall, by appropriate orders, be trans17 ferred to the court to which the matter would have 

18 been submitted had this Act been in full force and 

19 effect at the time such appeal was taken or other

20 proceeding commenced, and further proceedings with 

21 respect to the case shall be had in the same manner 

22 and with the same effect as if the appeal or other 

23 proceeding had been filed in such court. 

24 (3) A petition for rehearing or a petition for re25 hearing en banc in a matter decided before the effec-
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1 tive date of this Act, or submitted before the effec2 tive date of this Act and decided on or after such 

3 effective date as provided in paragraph (1), shall be 

4 treated in the same manner and with the same effect 

5 as though this Act had not been enacted. If a peti6 tion for rehearing en banc is granted, the matter 

7 shall be reheard by a court comprised as though this 

8 Act had not been enacted. 

9 (g) TEMPORARY ASSIGNMENT OF CIRCUIT JUDGES

10 AMONG CIRCUITS.—Section 291 of title 28, United States 

11 Code, is amended by adding at the end the following: 

12 ‘‘(c) The chief judge of the Ninth Circuit may, in the 

13 public interest and upon request by the chief judge of the 

14 Twelfth Circuit or the Thirteenth Circuit, designate and 

15 assign temporarily any circuit judge of the Ninth Circuit 

16 to act as circuit judge in the Twelfth Circuit or Thirteenth 

17 Circuit, as the case may be. 

18 ‘‘(d) The chief judge of the Twelfth Circuit may, in 

19 the public interest and upon request by the chief judge 

20 of the Ninth Circuit or Thirteenth Circuit, designate and 

21 assign temporarily any circuit judge of the Twelfth Circuit 

22 to act as circuit judge in the Ninth Circuit or Thirteenth 

23 Circuit, as the case may be. 

24 ‘‘(e) The chief judge of the Thirteenth Circuit may, 

25 in the public interest and upon request by the chief judge 
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1 of the Ninth Circuit or the Twelfth Circuit, designate and 

2 assign temporarily any circuit judge of the Thirteenth Cir3 cuit to act as circuit judge in the Ninth Circuit or Twelfth 

4 Circuit, as the case may be.’’. 

5 (h) TEMPORARY ASSIGNMENT OF DISTRICT JUDGES

6 AMONG CIRCUITS.—Section 292 of title 28, United States 

7 Code, is amended by adding at the end the following: 

8 ‘‘(f) The chief judge of the United States Court of 

9 Appeals for the Ninth Circuit may in the public interest—

10 ‘‘(1) upon request by the chief judge of the 

11 Twelfth Circuit or Thirteenth Circuit, designate and 

12 assign 1 or more district judges within the Ninth 

13 Circuit to sit upon the Court of Appeals of the 

14 Twelfth Circuit or Thirteenth Circuit (as the case 

15 may be), or a division thereof, whenever the business 

16 of that court so requires; and 

17 ‘‘(2) designate and assign temporarily any dis18 trict judge within the Ninth Circuit to hold a district 

19 court in any district within the Twelfth Circuit or 

20 Thirteenth Circuit. 

21 ‘‘(g) The chief judge of the United States Court of 

22 Appeals for the Twelfth Circuit may in the public inter23 est—

24 ‘‘(1) upon request by the chief judge of the 

25 Ninth Circuit or Thirteenth Circuit, designate and 
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1 assign 1 or more district judges within the Twelfth 

2 Circuit to sit upon the Court of Appeals of the 

3 Ninth Circuit or Thirteenth Circuit (as the case may 

4 be), or a division thereof, whenever the business of 

5 that court so requires; and 

6 ‘‘(2) designate and assign temporarily any dis7 trict judge within the Twelfth Circuit to hold a dis8 trict court in any district within the Ninth Circuit 

9 or Thirteenth Circuit. 

10 ‘‘(h) The chief judge of the United States Court of 

11 Appeals for the Thirteenth Circuit may in the public inter12 est—

13 ‘‘(1) upon request by the chief judge of the 

14 Ninth Circuit or Twelfth Circuit, designate and as15 sign 1 or more district judges within the Thirteenth 

16 Circuit to sit upon the Court of Appeals of the 

17 Ninth Circuit or Twelfth Circuit (as the case may 

18 be), or a division thereof, whenever the business of 

19 that court so requires; and 

20 ‘‘(2) designate and assign temporarily any dis21 trict judge within the Thirteenth Circuit to hold a 

22 district court in any district within the Ninth Circuit 

23 or Twelfth Circuit. 

24 ‘‘(i) Any designations or assignments under sub25 section (f), (g), or (h) shall be in conformity with the rules 
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1 or orders of the court of appeals of, or the district within, 

2 as applicable, the circuit to which the judge is designated 

3 or assigned.’’. 

4 (i) ADMINISTRATIVE COORDINATION.—Section 332 

5 of title 28, United States Code, is amended by adding at 

6 the end the following: 

7 ‘‘(i) Any 2 contiguous circuits among the Ninth Cir8 cuit, Twelfth Circuit, and Thirteenth Circuit may jointly 

9 carry out such administrative functions and activities as 

10 the judicial councils of the 2 circuits determine may ben11 efit from coordination or consolidation.’’. 

12 (j) ADMINISTRATION.—The court of appeals for the 

13 ninth circuit as constituted on the day before the effective 

14 date of this Act may take such administrative action as 

15 may be required to carry out this Act and the amendments 

16 made by this Act. Such court shall cease to exist for ad17 ministrative purposes 2 years after the effective date of 

18 this Act. 

19 SEC. 5. NUMBER OF CIRCUIT JUDGES. 

20 The table contained in section 44(a) of title 28, 

21 United States Code, is amended—

22 (1) by amending the item relating to the ninth 

23 circuit to read as follows:

‘‘Ninth ....................................................................................................... 19’’;

24 and
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1 (2) by inserting after the item relating to the 

2 eleventh circuit the following:

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

‘‘Thirteenth ............................................................................................... 6’’.

3 SEC. 6. EFFECTIVE DATE. 

4 (a) SECTION 3.—Section 3 shall take effect on the 

5 date of the enactment of this Act. 

6 (b) SECTION 6.—Except as provided in subsection 

7 (a), this Act and the amendments made by this Act shall 

8 take effect on the first day of the first fiscal year that 

9 begins at least 9 months after the date on which all 5 

10 judges authorized to be appointed under section 3(a), and 

11 both judges authorized to be appointed under section 3(b), 

12 have been appointed, by and with the advice and consent 

13 of the Senate.

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